Terms and Conditions
Website Terms and Conditions
This website, www.rtomaterials.com.au (Website) is owned and operated by Registered Training Organisation Materials Pty Ltd ACN 159 562 857 (we, us and our).
These terms and conditions and any other terms and conditions on our website (Terms) govern the use of the Website and the products and services available for purchase on the Website. The Terms form a binding contract between you as the Website user and us.
By using or accessing the Website, you acknowledge and agree that you have read, understood and agree to the Terms. Your continued use and access to the Website is conditional upon you accepting and observing the Terms. Please contact us if you have any questions in relation to the Website, the Terms or our products and services.
1. Online sale of Products
1.1 Our Website offers high quality training materials and resources (Products) for purchase by Registered Training Organisations (RTOs) in Australia.
1.2 The Products are intended to be used by RTOs across Australia in providing and delivering vocational education and training services to individuals.
2. General restrictions on use
2.1 When using the Website, you agree to not:
(1) disclose to any other person any username or password issued to you for the purposes of using the Website. We will assume that any use of the Website by your issued username is you, and you will be responsible for any such use unless you have notified us of the disclosure under clause 2.2;
(2) provide any inaccurate, misleading or incomplete information;
(3) violate any applicable laws, or access or use the Website for any purpose that is unlawful, not consistent with the intended purpose of the Website, or prohibited by the Terms;
(4) impersonate any person or purchase a Product on behalf of a third party without their prior consent;
(5) distribute viruses, corrupt files or the Website, or utilise any other similar software program or file that may damage the operation of any computer hardware or software;
(6) collect or store personal data about any other user of the Website, including by utilising any software or tools which gather or extract data;
(7) copy, republish, download, transmit, sell or license any part of the Website or its content;
(8) use any part of the Website for any reason other than the purchase of the Products;
(9) reverse engineer, modify or create derivative works from any part of the Website or content;
(10) engage in any other conduct that inhibits any other person from using or enjoying the Website; or
(11) engage in any other conduct that inhibits any other person from using or accessing the Website.
2.2 You must notify us as soon as you become aware of any improper or unauthorised use or disclosure of your username and password.
2.3 You agree that you will only use the Products for their intended purpose defined above. If you use any Product/s for any other purpose, you do so at your own risk and you assume full responsibility for any loss or damage arising from such use.
2.4 In addition to these Terms, the use of the Product is governed by the terms of our licensing agreement Download it here.
2.5 If you fail to observe or comply with the Terms, we reserve the right to immediately issue you with a warning and/or temporarily or permanently suspend or prevent your access to all or any part of the Website.
2.6 We may terminate the Terms at any time without notice for any reason whatsoever.
3. Purchase price and payment
3.1 The purchase price of a Product is the price specified on the Website at the time that you place your order for the purchase of a Product. The purchase price includes GST where applicable.
3.2 Purchase prices are subject to change. Changes to purchase prices are effective immediately on publication on the Website or any other form of notification.
3.3 You agree to pay for the Product online by credit card or any other payment processing platform elected by us. Your payment will be processed upon receipt of your order. The credit cards which we accept are described on the Website. A surcharge may apply to some certain credit cards as described on the Website.
3.4 Refunds - Once you place an order for a Product, and we issue you your download links to retrieve your downloads, there will be no refunds available.
4. Acceptance of orders
4.1 Once you place an order for a Product, you will receive an email acknowledging the confirming your order (acknowledgement email). The acknowledgement email does not constitute acceptance of your order, only that we have received your order.
4.2 Unless you do not progress to payment of the purchase price, acceptance of your order will occur when we have received confirmation of payment of the purchase price and when you download the Product onto your computer.
4.3 The contract is completed in Western Australia, Australia.
5. Downloading Products
5.1 Once your payment has been processed, the Products will be made available to download in Microsoft Word and Microsoft PowerPoint.
5.2 You must ensure that your system (including hardware and software) is compatible with the requirements of Microsoft Word and Microsoft PowerPoint for this purpose.
6. Cancellation of orders
6.1 We may cancel an order that you have placed if:
(1) we suspect that you are acting fraudulently or in breach of the Terms;
(2) we are unable to obtain authorization for payment; or
(3) as otherwise provided in these Terms.
6.2 While we endeavour to avoid pricing and other errors, inadvertent errors do occur from time to time and we may also cancel an order in these circumstances.
7. Conditions and warranties
7.1 The only conditions and warranties which are binding on us in respect of:
(1) the state, quality or condition of the Products; or
(2) advice, recommendations, information or services supplied by us, our employees or agents regarding the Products, their use and application;
(3) that the Products will be written according to the criteria supplied on training.gov.au; and
(4) those which are imposed by statute and cannot be excluded by these Terms.
8. Limitation of liability
8.1 To the extent permitted by law, our liability (if any) arising from the breach of the conditions and warranties referred to in clause 7.1 is, at our option, limited to and completely discharged by either the supply of equivalent Products or the replacement of the Products supplied.
8.2 Except as provided in these Terms, all conditions and warranties implied by law in respect of the state, quality or condition of the Products which may otherwise be binding on us are excluded.
8.3 Except to the extent provided in these Terms, we have no liability (including liability in negligence) to any person for:
(1) any loss for damage consequential or otherwise suffered or incurred by that person in relation to the Products or advice, recommendations or information; and
(2) without limiting clause 8.3(1), any loss or damage consequential or otherwise suffered or incurred by that person caused by or resulting directly or indirectly from any failure, defect or deficiency of any kind of or in the Products, or advice, recommendations or information.
9. Information on Website
9.1 While we use our best endeavours to provide the most accurate, complete and current information, we will not be responsible if any of the information on the Website is not accurate, complete or current.
9.2 The information provided on the Website is general information only and you should make your own enquiries regarding a Product to ensure it is right for you. Please feel free to contact us should you have any particular queries regarding a Product.
9.3 To the extent permitted by law, we do not warrant that the Product descriptions, information or other content of the Website are accurate, complete, current or free from error.
10. Variation of the Website and Terms
10.1 We may from time to time, and without notice, vary, modify or discontinue any part of these or all of these Terms and/or Website, including the Products that may be included and offered for purchase.
10.2 Any changes will be effective immediately once they appear on the Website.
10.3 By continuing to use the Website, you agree to any such changes to these Terms. You should read these Terms before purchasing a Product. If you do not agree to a change, you should immediately cease to use the Website and contact us if you would like any clarification.
11.1 You indemnify, protect and hold us harmless against any action, liability, claim, loss damage, proceeding, expense (including legal costs) incurred or suffered by us, arising from, or which is directly or indirectly related to:
(1) your breach or failure to observe any of these Terms;
(2) any breach or inaccuracy of any of your representations or warranties; and
(3) your use of any part of the Website.
12. Intellectual property
12.1 This Website and all of the information, graphics, images, photographs, drawings, icons, text, logos, sounds, audio, video, music displayed on the Website, and all intellectual property rights existing in the content, including but not limited to, trade marks, designs, graphics, logos, copyright, data compilations and software (content), is owned by us or our licensors and is protected by Australian and international intellectual property laws.
12.2 Your use of the Website or Content does not grant you any rights in relation to the copyright, designs, trade marks or other intellectual property rights relating to the Website or the Content. This includes all software and coding contained in the Website. You are not permitted to use, exploit, reproduce, duplicate, copy or otherwise deal with any of the Content or any part of the Website without our express authorisation.
12.3 We do not warrant and make no representation that the use of the Content on this Website will not infringe any intellectual property rights of any third party.
13.1 If any part of the Terms is unenforceable, illegal or void or makes these Terms or any part of it unenforceable illegal or voice then that provisions is severed and the rest of the Terms remains in force.
13.2 The Terms constitute the entire agreement and understanding between us and you in relation to the Products and supersede any prior agreement or understanding on anything connected to the Products.
13.3 Neither party will be liable for any delay in performing any of its obligations under the Terms if any such delay is caused by circumstances beyond the reasonable control of that party.
13.4 Your purchase of the Products is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any Product purchase, including by sending electronic notices.
13.5 The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms.
13.6 The Terms are governed by the laws of Western Australia, Australia, and each party irrevocably submits to the exclusive jurisdiction of the Courts of Western Australia, Australia.
13.7 The term “including” when used in these Terms is not a term of limitation.