TERMS OF USE

toolboxed training solutions [ ABN 19802264885] (“we, us, our”) operates this website at www.toolboxed.com.au. Your use of this website and services is conditional upon you accepting these terms of use, and any other terms and conditions and policies we publish or link to on our website and services (“Terms of Use”). “You” could be a website browser, customer, client, subscriber, contributor of content or any other user. By accessing or using our website and services, you are agreeing to be bound by these Terms of Use; if you do not agree, you cannot use our website and services, so please surf elsewhere. We may change these Terms of Use at any time, and by continuing to use or access our website and services, you are accepting those changes.

You must be 18 years old or older to use our website and services or have parental consent. You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information.

You must not use our website and services:

RELIANCE ON ADVICE DISCLAIMER

We may provide information on our website that may be classed as legal, business or financial, information. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held.


Sometimes the information or advice may be historical information. Sometimes the information or advice may be based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time.


Sometimes the information or advice may not be complete. We have no obligation, and do not warrant that we will update the information or advice, or correct errors, or provide complete materials. We recommend that you consult more primary, accurate, complete and timely sources of information. We do not guarantee that the information on our website is accurate, complete or current. We are not liable for any Loss or damage due to negligence or otherwise arising from your reliance on any advice or information on this website.


We cannot take into account your personal situation or your personal goals or objectives when providing information or advice on our website. You must consider whether or not the information and advice is appropriate to your needs. This website is not a substitute for independent professional advice and any reliance on this information is at your sole risk. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on this advice.

VISITOR CONTENT

We encourage you to engage with our website; however, we do not recommend that you include any personal information in your posts, so as not to encourage any spam. You also post on the condition that you agree that we may, at any time and, without compensation to you, edit, copy, distribute, and otherwise use any posts that you make. We have no obligation to reply or engage with your posts. When you post to our website, you must comply with our content standards as follows:

You must not post:

Where posts do not comply with our content standards, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. Any breach of these content standards will constitute a breach of these Terms of Use and we may immediately terminate your use of our website. You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third party posts.

INTELLECTUAL PROPERTY

All of the Intellectual Property Rights in our website and services are owned by or licensed by us. This includes, but is not limited to, rights in all brand names, logos, slogans, images, photographs, copy, drawings, art, literature, music and video which appear on our website and services. We grant you a non-exclusive, royalty-free, revocable, worldwide licence to use our website and services for your personal use, or induction & training purposes within the organisation paying for the content. You must not reproduce, duplicate, copy, sell, resell or exploit the website or services in any way. In particular, you must not use our website or services for any business that is similar to our business without our prior written consent which is given or withheld at our sole discretion. Any use beyond the permitted use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at [email protected] to seek consent for any other use.

TERMINATION

We may refuse to provide this website or services to you, or anyone, for any reason, at any time. In particular, if you breach these Terms of Use we may immediately terminate your use of our website and services. We can also change, suspend, or stop our website or services or any part of them at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our website and services.

OUR CONTENT

Sometimes content on our website and services will not be accurate, complete or current. Sometimes content may be incorrect or outdated. We have no obligation, and do not warrant that we will correct errors, provide complete materials, or update information or any content. Any reliance on the content on our website and services is at your own risk.

THIRD PARTIES

Our website and services may include third party links. We have no control over third party links and websites, and we are not responsible for third party materials, content, websites or their products or services. Any purchase by you of products or services or any transaction with a third party is a contract between you and them, and we are not to be involved. You need to direct any concerns directly to that third party.

NO WARRANTIES

We do not represent or warrant that your use of our website and services will be uninterrupted, timely, secure or error-free. We may also remove the website and services on it for indefinite periods of time or cancel the website and services at any time, without notice to you. Our website is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions concerning, title, non-infringement or fitness-for-purpose.

THIRD PARTY APPS/ SOFTWARE

To enhance our website and services, we may provide you with access to third party apps and software tools over which we have no control. You acknowledge and agree that we provide access to these apps and tools on an “as is” and “as available” basis without any warranties as to their performance either express, or implied. We do not warrant that they will meet your requirements, be uninterrupted, timely secure or error- free, that the results will be accurate or reliable, or that the quality will meet your expectations. They are to be used at your risk, and you must read their terms and licenses which will govern your use of them. We are not responsible for any Loss or damage that you may suffer in connection with downloading, installing, using, modifying or distributing the third party apps or software.

LINKING TO OUR WEBSITE

You must not link from your website to our website without our prior written consent.

LIABILITY AND INDEMNITY 

Your use of, or inability to use our website and services is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services including, but not limited to, any errors or omissions in any content, your reliance on advice and information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of these Terms of Service, including but not limited to your breach of any visitor content standards, or your violation of any law or the rights of a third-party, or your use of third party apps, software, or your use of third party social media features, or third party links and services.

OTHER

These Terms of Use are to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Terms of Use survive termination of this Agreement.

DEFINITIONS

Claim means any claim, under statute, tort, contract or negligence, any demand, award.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, personal injury, death, property damage and legal costs.

We, us, or our means toolboxed training solutions [ABN 19802264885] and includes any of our directors, officers, employees, agents, partners, contractors.

Website and services mean www.toolboxed.com.au, and everything available on this website including, but not limited to, any products and services.


By clicking that you understand and agree to these Terms of Service, you are agreeing to be bound by these Terms of Service; if you do not agree, you cannot purchase any of our Online Courses or Induction Services (“Services”). We may change these Terms at any time, and by continuing to use or access our website and services, you are accepting those changes.

ADDITIONAL TERMS OF SERVICE FOR BUYERS OF OUR ONLINE COURSES AND INDUCTION SERVICES 

These Additional Terms of Service for Buyers (“Terms”) apply to all clients and customers, or all potential clients and customers of toolboxed training solutions [ABN 19802264885] (“we, us, our”). These Terms together with the Terms of Use and any other terms and conditions and policies including our Privacy Policy we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any customer or client of ours. You must be 18 years old or older to purchase our Services. You must provide current, complete and accurate information to us, including account information, and promptly inform us of any updates to your information.

MEMBERSHIP ACCOUNTS

We require you to have a membership account to purchase our Services. You must maintain the confidentiality of your login and password. You are solely responsible for all use of your login and password. You are responsible for all actions on your membership account. We may require personal information as part of your membership account. This is used subject to our Privacy Policy.

OUR SERVICES 

We provide both Online Courses and Induction Services. The Online Courses are training courses available for personal use and are available for 90 days during which you can access and participate. Induction Services are available for organisations to help induct their employees and contractors. The Induction Services last for the duration of your subscription. You will be required to provide various Client Data which will be dealt with according to the Your Data provision below.

There may occasionally be errors or omissions in our Services descriptions and prices. We cannot guarantee the accuracy of the information, the or the availability of the Services. Except as required by law, we may at any time, and without prior notice to you change and update information including availability and promotions and change prices or descriptions of our Services.

Please be aware there are inherent risks associated with downloading any software and Materials. Should you have any technical problems downloading any of our Materials, please contact us so we may try to assist you.

PAYMENT TERMS

You must pay us for our Services via the Payment Methods. Any special offer coupons must be added at the time of purchase to apply; they cannot be applied retrospectively. Where payments are made in instalments, or by subscription you authorised us to deduct all accrued and outstanding fees from your credit card or debit card provided. You further authorise us to deduct your monthly payment each month where you have purchased a subscription.


CONSUMER GUARANTEES AND REFUNDS

You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Services are performed with due care and skill and within a reasonable time. If a Service fails to meet a consumer guarantee, please notify us at [email protected].

Except as required by law we do not warrant the quality of the Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Services or Materials is due to your failure to comply with our instructions, where you fail to provide us with adequate information or where you can no longer partake in an Online Course / Induction Services.

CANCELLATIONS
Except as required by law, all sales for our Services are non-transferable and non-refundable. You acknowledge and agree that once you have placed and paid for your order, we cannot cancel your order as it has been processed.

We do not provide refunds except as required under the Australian Consumer Law.

 MARKETING AND TESTIMONIALS

Where you provide us with any photos, videos, testimonials, and/or case studies we may use them for marketing and information purposes, publications, exhibitions and professional awards across any print or digital medium, including any social media channel. By providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at [email protected]. You must seek our prior written consent before any publication of information about us.

INTELLECTUAL PROPERTY

All the Intellectual Property Rights in the Services are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence for to use our Services and Materials for the permitted use only. The permitted use is for Online Courses personal use only, and for Induction Services the use of your organisation and its employees and contractors only. This licence to use our Materials is for the duration of the Services only. You must not reproduce, duplicate, copy, sell, re-sell or exploit the Services or Materials in any way. Our Online Courses and Materials must only be used for the permitted use, or with our prior written consent which is given or withheld at our sole discretion. Any use beyond the permitted use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at [email protected] to seek consent.

YOUR DATA

Where you purchase the Online Induction Services, you retain all ownership, right and title in and to the Client Data. (This means any data provided by you to us to enable the provision of the Services, including, but not limited to any training materials, and employee and contractor databases). You grant us the right to collect and analyse Client Data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies and we may:

You can read more about how we store your Client Data in the terms of our Privacy Policy.

TERMINATION

We may refuse to provide Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, or fail to pay your monthly subscription payment where applicable, we may immediately terminate your use of our website and Services, any membership, and ban your further purchase of any Services. We can also change, suspend or stop providing Services at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Services. Where we terminate the Services we may but are not obliged to delete your Client Data.

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Services purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Services, your reliance on any of our advice and information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, termination of your membership, where you do not complete an Online Course, any loss or unauthorised disclosure of Client Data. To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your use of the Services and any breach of this Agreement, including , but not limited to any breach of our Intellectual Property Rights, where you provide incorrect information, any breach of the user content rules in our Terms of Use, and any unauthorized disclosure or loss of Client Data.

IF THERE IS A DISPUTE

If at any time our Services are not reasonably acceptable to you or we disagree on the quality you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns. If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms and other terms and conditions on our website, these Terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

DEFINITIONS

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these Terms, and the Terms of Use and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Client means you, the client who is agreeing to these terms and conditions.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Materials means any of our books, and any and all online course or induction materials, worksheets, documents, copy, diagrams, videos, photographs and anything provided to you during the induction services or online courses.
Online Course means our Micro Fundamentals, Applied Awareness, Soft Skills, Audio Supported, Accredited Training includes all Materials.
Our Representatives means any of our employees, agents, contractors or subcontractors.

Payment Methods means credit card.
Services means any Online Course and any Induction service.
We, us, or our means toolboxed training solutions[ ABN 19802264885 ] t/as toolboxed and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
Website and services means www.toolboxed.com.au and everything available on this website including, but not limited to, all Services.