Terms of Service

Version: 2.0 Published: 6 September 2026 Effective Date: 6 October 2026 Supersedes: Version 1.0 (18 February 2026)

1. About These Terms

1.1 Who You Are Contracting With

These Terms of Service ("Terms") are a legal agreement between you (and, where you accept on behalf of an organisation, that organisation) and:

RTO MATE PTY LTD (ABN 41 684 275 401), trading as Qualticks PO Box 101, Craigieburn VIC 3064, Australia Email: support@qualticks.com.au

referred to in these Terms as "Qualticks", "we", "us" or "our".

1.2 Acceptance

By creating an account, accessing or using the Qualticks platform (the "Platform"), you accept these Terms, our Privacy Policy, our Acceptable Use Policy and our Security Policy (together, the "Agreement"). If you do not accept them, you must not use the Platform.

1.3 Authority

If you accept these Terms on behalf of an organisation, you warrant that you are authorised to bind that organisation. "You" then means that organisation.

1.4 Definitions

• Customer Data — data, documents, records and other content you or your users upload to, or generate within, the Platform.

• Services — the Platform and any support we provide under these Terms.

• Subscription — your paid or trial right to access the Platform.

• Business Day — a day other than a Saturday, Sunday or public holiday in Victoria, Australia.

2. Structure of the Agreement

The Agreement comprises, in descending order of precedence in the event of inconsistency:

1. These Terms

2. The Acceptable Use Policy

3. The Privacy Policy

4. The Security Policy

Each is published at qualticks.com.au and forms part of the Agreement.

3. Australian Consumer Law

3.1 Your Non-Excludable Rights

If you are a "consumer" or a "small business" as defined under the Australian Consumer Law ("ACL"), you have rights and remedies that cannot be excluded, restricted or modified by this Agreement.

3.2 Consumer Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:

• cancel your service contract with us; and

• a refund for the unused portion, or compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion.

3.3 Precedence

Nothing in this Agreement is intended to exclude, restrict or modify any right or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where any provision of this Agreement would do so, that provision does not apply to the extent of the inconsistency, and the rest of the Agreement continues to operate.

3.4 Unfair Contract Terms

We intend this Agreement to comply with the unfair contract terms provisions of the ACL. If you consider any term unfair, contact us at support@qualticks.com.au and we will review it in good faith.

4. The Platform

4.1 What Qualticks Is

The Platform is a compliance management tool for Registered Training Organisations. It helps you organise, record and evidence your own compliance activity.

4.2 Licence

Subject to the Agreement and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes for the term of your Subscription.

4.3 Your Users

You may permit your personnel to use the Platform under your Subscription within any user limits applicable to your plan. You are responsible for their acts and omissions as if they were your own, and for ensuring they comply with the Agreement.

4.4 Account Security

You are responsible for keeping credentials confidential, for enrolling in multi-factor authentication, and for promptly removing access for people who leave your organisation. Notify us immediately at support@qualticks.com.au if you suspect unauthorised access.

5. Subscriptions, Fees and Payment

5.1 Plans

Subscriptions are offered on the plans published on our website or otherwise agreed in writing. Plans may include limits (for example, on users or storage).

5.2 Payment

• All fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise.

• Payment is processed by our third-party payment provider.

• Subscriptions are billed in advance on a monthly or annual basis.

• You must keep your billing details current and authorise us to charge the payment method you provide for all fees as they fall due.

5.3 Price Changes

We may change our prices. For existing Subscriptions, we will give at least 60 days' notice of any price increase, and the change takes effect at the start of your next billing cycle after that notice period. If you do not accept a price increase, you may terminate under clause 15.2 before it takes effect, without penalty.

5.4 Overdue Payment and Suspension

If a payment fails or is not received by its due date:

1. We will notify you by email at the address on your account.

2. If payment remains outstanding 14 days after that notice, we may suspend your access to the Platform on a further 7 days' written notice.

3. During suspension your Customer Data is retained and is not deleted. Access is restored promptly once outstanding amounts are paid.

4. If payment remains outstanding 60 days after the original due date, we may terminate the Subscription under clause 15.3.

We will not suspend access while you are disputing an invoice in good faith and have told us the grounds of the dispute in writing.

5.5 Refunds

• Monthly Subscriptions: no refund for partial months. You may cancel at any time, effective at the end of your current billing period.

• Annual Subscriptions: pro-rata refund available within 30 days of purchase if you are dissatisfied. After 30 days, no refund for the remainder of the annual term, but you may continue using the Platform until the Subscription expires.

• Refunds required by the ACL: if you are entitled to a refund under the Australian Consumer Law, we will process it in accordance with our legal obligations. Clause 3 prevails over this clause 5.5.

6. Support

6.1 What We Provide

We provide support by email at support@qualticks.com.au for questions about the operation of the Platform and for reporting faults.

6.2 Support Hours

Support is available Monday to Friday, 9:00am to 5:00pm AEST/AEDT, excluding public holidays in Victoria, Australia.

6.3 Response Target

We aim to provide a first response within 2 Business Days of receiving a support request.

6.4 This Is a Target, Not a Guarantee

The response target in clause 6.3 is an operational target only. It is not a Service Level Agreement, does not constitute a warranty or guarantee, and does not entitle you to any credit, refund or compensation if it is not met. Qualticks is a small business and support capacity is limited. Complex issues may take significantly longer to resolve than to acknowledge.

6.5 What Support Does Not Include

Support does not include: compliance advice or consulting; data entry; content authoring; integration development; training beyond our published documentation; or assistance with third-party systems. We are a software provider, not a compliance consultant.

6.6 Your Cooperation

To help us respond usefully, please include the affected organisation, a description of the issue, the steps to reproduce it, and the approximate time it occurred.

7. Free Trials

7.1 Trial Access

We may offer a free trial of the Platform. Trials do not require payment card details unless we say otherwise.

7.2 Trials Are Provided As-Is

To the maximum extent permitted by law, and subject to clause 3, the Platform is provided during a free trial "as is", with no warranties of any kind. We may modify, suspend, withdraw or terminate a trial, or any trial account, at any time and without notice or liability.

7.3 Trial Data

Data you enter during a trial may be deleted if you do not subscribe. Export anything you need before your trial ends.

7.4 Eligibility

Trials are limited to one per organisation. We may decline or revoke a trial where we reasonably suspect the eligibility rules are being circumvented.

8. Your Content and Our Intellectual Property

8.1 Our IP

We own all intellectual property rights in the Platform, including its software, design, documentation and templates. Nothing in the Agreement transfers those rights to you.

8.2 Your Customer Data

You retain ownership of your Customer Data. You grant us a limited, non-exclusive licence to host, copy, transmit, display and process your Customer Data solely to provide and support the Services, to keep backups, and as otherwise required by law.

8.3 Your Warranties About Customer Data

You warrant that you have the rights necessary to upload your Customer Data and that it does not infringe any third party's rights or breach any law.

8.4 Aggregated Data

We may generate and use aggregated, de-identified statistical data derived from use of the Platform to operate and improve the Services. Such data will not identify you, your organisation or any individual.

8.5 Feedback

If you give us suggestions about the Platform, we may use them without restriction or obligation to you.

9. Privacy and Data Protection

9.1 Privacy Policy

Our collection, use and disclosure of personal information is governed by our Privacy Policy, which forms part of this Agreement.

9.2 Data Location

Customer Data in our production database is hosted in Australia. Some of our service providers are incorporated overseas; the providers we use and the countries involved are listed in our Privacy Policy and Security Policy.

9.3 Sub-processors and Changes

We use third-party providers to deliver the Services. The current list is published in our Privacy Policy. Where we make a change that materially affects how personal information is handled, we will update those documents and notify subscribers by email.

9.4 Security Incident Notification

If we become aware of a security incident that has materially compromised your Customer Data, we will notify you by email without undue delay after assessing the incident, and will comply with our obligations under the Notifiable Data Breaches scheme. Our incident process is described in our Security Policy.

9.5 Your Obligations

Where your Customer Data includes personal information about your students, staff or others, you are responsible for having a lawful basis to collect it and to provide it to us, and for meeting your own obligations under the Privacy Act 1988 (Cth).

10. Training.gov.au and Third-Party Data

10.1 Synchronisation

The Platform synchronises data from Training.gov.au, including RTO information, qualification specifications and VET product details. This synchronisation occurs at scheduled intervals, not in real time.

10.2 No Warranty of Accuracy

We do not warrant that Training.gov.au data displayed in the Platform is current, accurate or complete. It may be out of date, incomplete, or affected by the availability of Training.gov.au itself. You must verify against the authoritative source before relying on it for a regulatory purpose.

10.3 Third-Party Services

The Platform depends on third-party services. Their failure or unavailability may affect the Platform, and is addressed in clauses 11 and 17.

11. Service Availability and Limitations

11.1 Uptime Target

We aim to maintain 99.9% Platform availability, measured monthly, excluding scheduled maintenance windows. This is an aspirational target and does not constitute a Service Level Agreement (SLA) or guarantee.

11.2 Scheduled Maintenance

We will endeavour to provide reasonable notice of scheduled maintenance that may affect availability:

• Typical maintenance window: Sundays 2:00–6:00am AEST

• Target notice period: 72 hours (where practicable)

• Expected duration: 2–4 hours

11.3 Unscheduled Downtime

The Platform may be unavailable due to circumstances including: unexpected technical issues, software bugs or system failures; server hardware failures or data centre incidents; third-party service outages (internet service providers, cloud infrastructure providers, payment processors); cybersecurity incidents, attacks or security-related shutdowns; natural disasters, power outages or events beyond our reasonable control; third-party API failures or unavailability (including Training.gov.au); and emergency maintenance required for security or data protection.

11.4 Limitation of Liability for Downtime

Subject to clause 3, you acknowledge and agree that Qualticks is not liable for:

• loss of access to the Platform for any period;

• data loss, corruption or unavailability during or following outages;

• business interruption, lost revenue or commercial losses;

• failure to meet compliance deadlines due to Platform unavailability;

• inability to submit audit evidence or regulatory documentation due to downtime;

• any consequences arising from reliance on the Platform for critical compliance functions;

• missed ASQA audit deadlines or regulatory submission windows; or

• loss of evidence for regulatory compliance purposes.

You further acknowledge that:

• the Platform is not guaranteed to be available at all times;

• you are solely responsible for maintaining alternative systems, backup access and offline copies of critical data;

• you should not rely exclusively on the Platform for time-critical compliance activities;

• downtime may affect your ability to meet regulatory requirements, and this is your risk to manage; and

• you should plan your compliance processes with contingencies for potential unavailability.

11.5 Our Restoration Efforts

When the Platform becomes unavailable, we will endeavour to restore services as soon as reasonably practicable, investigate the cause, implement measures to prevent recurrence where possible, and provide status updates where practical.

However, we cannot and do not guarantee: any specific timeframe for service restoration; that restoration will occur within any particular period; that all data will be recovered intact following an outage; that all functionality will be restored simultaneously; or that there will be no data loss or service degradation.

11.6 No Service Level Agreement

The uptime targets and availability information in these Terms are provided for information only. They do not constitute a Service Level Agreement and do not entitle you to any credit, refund or compensation in the event of downtime or unavailability. No other Qualticks document creates an uptime commitment.

11.7 Your Obligations Regarding Downtime

You agree to: maintain offline backups of critical compliance documentation; have contingency plans for Platform unavailability; not rely solely on the Platform for time-critical regulatory submissions; export important data regularly using the Platform's export features; and notify us promptly of any availability issues you experience.

12. Warranties and Disclaimers

12.1 Our Warranties

We warrant that: the Platform will perform substantially in accordance with the documentation; we will provide the Services with due care and skill; and we have the right to grant the licences in these Terms.

12.2 Disclaimer

To the maximum extent permitted by law, but subject to clause 3, we disclaim all other warranties, whether express or implied, including warranties of merchantability and fitness for a particular purpose.

12.3 No Compliance Guarantee

The Platform is a compliance management tool, not a guarantee of regulatory compliance. We do not warrant that use of the Platform will ensure compliance with ASQA requirements, the Standards for RTOs, the NVR Outcome Standards, or any other regulatory requirement. You remain solely responsible for your own regulatory compliance.

12.4 Not Professional Advice

Nothing in the Platform or its content constitutes legal, regulatory or professional advice.

13. Limitation of Liability

13.1 Liability Cap

To the maximum extent permitted by law and subject to clause 3, our total aggregate liability under or in connection with this Agreement is limited to the greater of:

(a) the total amount you paid us in the 12 months immediately preceding the event giving rise to the claim; or

(b) AUD $500.

13.2 Exclusion of Consequential Loss

Subject to clause 3, we are not liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, loss of data, or loss of business opportunity.

13.3 Exceptions

Nothing in these Terms excludes or limits our liability for:

• death or personal injury caused by our negligence;

• fraud or fraudulent misrepresentation;

• any liability that cannot lawfully be excluded under the ACL or other applicable law.

13.4 Mitigation

Each party must take reasonable steps to mitigate its loss.

14. Indemnity

14.1 Your Indemnity

You indemnify us against loss, damage and reasonable costs we suffer arising from a third-party claim to the extent that claim is caused by:

• your breach of this Agreement;

• your breach of the Acceptable Use Policy;

• your breach of applicable law in connection with your use of the Platform; or

• your Customer Data infringing a third party's rights.

This indemnity does not apply to the extent the loss was caused or contributed to by us, our breach of this Agreement, or our negligence. Our right to be indemnified is reduced proportionately to the extent of our contribution.

14.2 Conditions

To claim under clause 14.1 we must: notify you promptly of the claim; not settle or admit liability without your consent (not to be unreasonably withheld); and allow you to control the defence, provided you do so diligently and using qualified legal representation.

14.3 Our Indemnity

We will indemnify you against any third-party claim that the Platform infringes that party's intellectual property rights, provided you notify us promptly and give us control of the defence. This does not apply to claims arising from your Customer Data or from your use of the Platform in breach of this Agreement.

15. Term, Suspension and Termination

15.1 Term

This Agreement commences when you accept it and continues until terminated in accordance with this clause 15.

15.2 Termination by You

You may terminate your Subscription at any time by notifying us in writing. Termination takes effect at the end of your current billing period. Annual Subscriptions are subject to clause 5.5.

15.3 Termination or Suspension by Us

We may suspend or terminate your access:

(a) immediately, where you materially breach this Agreement or the Acceptable Use Policy, where required by law, or where continued access presents a demonstrable security risk to the Platform or other customers;

(b) for non-payment, in accordance with clause 5.4;

(c) on 30 days' written notice, where we cease to offer the Platform or your plan generally, or discontinue the Services.

Where we suspend rather than terminate, we will tell you the reason and what is required to restore access. Except in cases of serious misconduct, we will give you a reasonable opportunity to remedy a breach before suspending.

15.4 Discontinuation of the Service

If we terminate under clause 15.3(c), we will refund the unused portion of any prepaid fees on a pro-rata basis.

15.5 Effect of Termination

On termination:

• your licence to use the Platform ends;

• you must cease all use of the Platform;

• we will make your Customer Data available for export for 30 days; and

• after that 30-day export window, we may delete your Customer Data, except where our Privacy Policy or the law requires longer retention. Retention periods are set out in Section 16 of our Privacy Policy, and those periods prevail over this clause.

15.6 Accrued Rights

Termination does not affect any right or liability that accrued before it.

15.7 Survival

Clauses 3, 8 (IP), 9 (Privacy), 12 (Warranties), 13 (Liability), 14 (Indemnity), 15.5–15.7, 16 (Disputes) and 18 (General) survive termination.

16. Disputes

16.1 Talk to Us First

Before commencing proceedings, please raise the issue with us at support@qualticks.com.au. Most issues are resolved quickly this way.

16.2 Good Faith Resolution

The parties will attempt in good faith to resolve any dispute within 30 days of written notice of it.

16.3 Urgent Relief

Nothing in this clause prevents either party from seeking urgent interlocutory relief, or you from making a complaint to a regulator including the OAIC or the ACCC.

17. Force Majeure

Neither party is liable for any failure or delay in performing its obligations (other than an obligation to pay money) to the extent caused by an event beyond its reasonable control, including: natural disaster, fire, flood or severe weather; pandemic or epidemic; war, terrorism or civil unrest; industrial action; failure of telecommunications, internet or electrical infrastructure; failure or outage of a third-party service provider; government action; or a large-scale cyber attack.

The affected party must notify the other as soon as practicable and use reasonable efforts to mitigate. If the event continues for more than 30 consecutive days, either party may terminate on written notice, and we will refund the unused portion of any prepaid fees on a pro-rata basis.

18. General

18.1 Changes to These Terms

We may amend these Terms. For changes that materially affect your rights or obligations, we will give at least 30 days' notice by email to the address on your account, and publish the updated Terms with a new version number and effective date. If you do not accept a material change, you may terminate before it takes effect and we will refund the unused portion of any prepaid fees on a pro-rata basis. Continued use after the effective date constitutes acceptance. Non-material changes (such as corrections or clarifications) take effect on publication.

18.2 Notices

Notices to you are given by email to the address on your account or by in-Platform notification. Notices to us must be sent to support@qualticks.com.au.

18.3 Assignment

You may not assign this Agreement without our written consent (not to be unreasonably withheld). We may assign it to a related body corporate or in connection with a sale of our business, on notice to you.

18.4 Entire Agreement

This Agreement is the entire agreement between the parties about its subject matter and supersedes all prior representations, except that nothing excludes liability for fraudulent or negligent misrepresentation.

18.5 Severability

If any provision is unenforceable, it is severed and the remainder continues in force.

18.6 Waiver

A failure to exercise a right is not a waiver of it.

18.7 Relationship

The parties are independent contractors. Nothing creates a partnership, joint venture, employment or agency relationship.

18.8 Governing Law

This Agreement is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.

19. Contact

RTO MATE PTY LTD (ABN 41 684 275 401) trading as Qualticks PO Box 101, Craigieburn VIC 3064, Australia Email: support@qualticks.com.au