Terms of use
This section outlines the Terms of Use that apply to our software and services. We provide an explanation of the terms and conditions that govern the use of our products.
It’s important to note that any words in bold have consistent meanings throughout these terms.
1. You and RTO Software:
“When we refer to “you” or “your”, we mean both individuals and entities authorised to represent you. When we use terms such as “RTO Software“, “we”, “our”, or “us”, we are referring to the RTO Software entity with which you have a contract. You are required to pay fees based on the edition of the RTO TEAMS product that you are using.”
2. Our Services:
Our services consist of all the services we currently provide, as well as any services we may offer in the future. This includes our online and mobile education, as well as our college management products.
3. Creating a Subscription:
By signing up for a TEAMS license, you subscribe to an ongoing usage of our services. The license fee covers one-time licensing fees and all future upgrades for a specific software edition.
After accepting the terms of use, you become a licensed subscriber responsible for paying for your subscription based on the number of current students, as per our usage plans.
4. People invited to use RTO Software:
Invited users must accept our terms of use to access our services, in addition to the subscriber who invited them.
5. User roles and access:
As a subscriber inviting others into a subscription. You should understand the permissions you’re granting to invited users.
6. Our services are also accessible to you:
You also have the right to access our services (based on your subscription type, your role, and your level of access). As long as you are a subscriber or an invited user, you will be able to use our services.
7. Subscriber Role:
As a subscriber, it is your responsibility to manage your subscription and control access to it. It is quite a big deal! For example:
- You cannot transfer it without our permission.
- You can choose who has access and can change or stop it anytime.
- You are responsible for resolving disputes and all activity of invited users.
8. Our Rules:
By using our software or services, you agree to abide by the rules in this document regardless of your role. It is important to read and understand the guidelines to know what actions are acceptable and not.
9. Your responsibilities:
You must keep your information, including your current email address, up-to-date and provide accurate, complete, and true information when using our services to fulfill your legal, financial, and compliance obligations.
You are responsible for preventing unauthorised access and theft of your account and password. Although our service has minimum password standards, you should ensure that your passwords are strong and not easily guessable.
For more information on security, please refer to the security section below.
10. When we introduce new or revised services:
As we constantly strive to improve RTO Software, we may introduce new or updated services with additional terms. We will notify you of these terms before you begin using the new or updated services.
11. What we own:
We own all the content we have created for our services, except for content owned by others.
This includes rights to the design, compilation, and overall look and feel of our services, as well as copyrighted works, trademarks, designs, and inventions. You are not allowed to copy, distribute, modify, or create derivative works of any of our content.
PRICING
The pricing of your selected plan will apply unless you are in a free trial or another promotional period. When you choose a plan, the cost and terms of your membership will be explained.
12. Trial Subscriptions:
From time to time, we may offer free trials of our services, and it’s your responsibility to use them in accordance with their terms. If you continue to use the services after the trial, our usage plans will apply. If you decide not to continue, TEAMS and all its contents will be removed.
13. RTO Software Usage Plans:
We charge a monthly subscription fee based on your subscription type, which includes invoicing, payment, auto-renewal, and cancellation terms outlined in the usage plan. The plan may vary based on the college type, current student numbers, and software edition.
We may update or amend the plan, which forms part of these terms. We will notify subscribers of changes in advance and provide the latest plan on our website for reference.
14. Taxes for your use of our services:
We comply with Australian government regulations and charge GST accordingly. By using our software or services, you agree to pay any applicable taxes.
15. Additional Services:
We may offer extra features based on your edition, which could result in an additional fee. We will inform you of any charges when you sign up for these services.
16. Importance of timely payments:
To keep using our services, please make timely payments based on your selected usage plan. Avoid delays or missed payments to prevent access suspension until the payment is received.
DATA USE, THIRD-PARTY DATA AND PRIVACY
RTO Software’s privacy policy is a crucial aspect of these terms. It explains how we handle your personal data, such as your name and email address, which we use to provide our services.
17. Import of external data:
You are responsible for the accuracy of the data you import or provide access to. We cannot be held responsible for any errors or omissions in the imported data, and you assume full responsibility for its quality and accuracy.
18. Use of Data:
When you enter data into our services, we don’t own it, but you grant us a license to use, copy, store, analyse, and back it up.
We use this data to let you use our services, improve and develop them, protect them, create new services, communicate with you about your subscription, and send you information based on your marketing preferences.
19. Your personal data and data entered about others:
We value your privacy and handle data protection with care. Our privacy policy and data processing terms apply to your personal data, like your name and email, and the personal data of others (e.g., customers, suppliers, employees) that you enter into RTO Software.
20. Privacy-protected data
We may create anonymised statistical data from your usage of our services and use it to improve our services, develop new offerings, and identify business trends.
21. Data Breach Notifications:
If we suspect unauthorised access to personal data in your subscription, we will inform you and provide details.
It will be your responsibility to assess whether the unauthorised access should be reported to the contact and/or relevant authority, based on the nature of the access and location of the affected contacts.
As you have the most knowledge about the data stored in your subscription, you are best placed to make this decision.
Confidential information
We strive to safeguard your confidential information and expect the same level of protection for our information.
22. Keeping it confidential:
When using our services, we may share confidential information, and both parties must take reasonable precautions to prevent unauthorised access. If required by law, confidential information may be shared with legal or regulatory authorities.
Security
We take security seriously, and so should you! To help protect our services and your data, we offer additional security features, such as two-step authentication.
23. Security Safeguards:
We use technical, physical, and administrative measures to keep your data safe. However, we cannot guarantee absolute security. If we suspect unauthorised access to your account, we’ll inform you and may temporarily suspend some services until you verify the request.
More on our data security policy.
24. Account Security Features:
We may add security features, like two-step authentication, to enhance your account security. Depending on your location and the services used, some features may be required.
You are responsible for any consequences of not using optional features. We highly recommend using all security features available.
25. Playing your part to secure your data:
You play a vital role in keeping your login details secure and preventing unauthorised access to your account. If you discover any security lapses or unauthorised use of your password, notify us immediately.
Please avoid using free-form fields to store sensitive information, such as credit card details, tax identifiers, or bank account details. Check out our security page for more information on keeping your data safe.
Apps and third-party products
We offer apps and services from trusted partners as part of our RTO TEAMS offering to enhance your experience.
26. Other Services (Embedded):
Our SMS and payments services are provided by trusted partners like Direct SMS and PIN Payments, who may have their own terms and conditions that apply to you.
27. USI or VSL or HED Fee Help:
If you use our automated services to interact with external government services, such as USI or VSL, you may be subject to separate terms and conditions imposed by these departments.
These services are typically free but may have associated terms and conditions which we will inform you of. You may stop using a service at any time, but while you are using it, you must comply with the terms and conditions set by the regulatory bodies.
28. Third-Party Products:
When using our services, you may also use third-party products such as DocuSign. These providers are independent of us and may charge additional fees.
29. Third-Party terms and descriptions:
When using third-party products, be aware that they have their own terms and conditions and privacy notices. You should read and agree to these before using them, as they may use your data differently than we do.
We do not endorse third-party products and their descriptions and links are provided by the providers themselves. We cannot guarantee their accuracy or assume responsibility for them.
30. Use Of Your Data To Connect You To Third Party Products:
When you link your subscription to third-party products, we will use your personal data to establish the connection. Any data received from the third-party product will be used in accordance with our privacy policy and these terms.
For instance, if you connect the Gmail app, we will comply with Google’s Limited Use Requirements when using any data received from Gmail APIs.
31. Payments to RTO Software:
Third-party providers may pay RTO Software a fee for referrals, revenue, or accessing data with your consent.
MAINTENANCE, DOWNTIME, AND DATA LOSS
We strive to reduce downtime, but occasional service updates and maintenance are necessary for security reasons. It’s crucial to back up your data to avoid data loss, and our data backup policy outlines how we do it.
32. Availability:
We aim to provide 24/7 online support and maintain service availability. However, occasional maintenance may cause downtime, which we strive to minimise. We may attempt to notify you in advance of planned maintenance but cannot guarantee it.
33. Access Issues:
Occasional internet disruptions may prevent you from accessing our services and data at any time, for various reasons.
34. Data loss:
Data loss is always a risk when using technology. You should maintain copies of your data in our services. We can provide you with a copy of your data upon request. For more information, see our data backup policy.
35. No Compensation:
You can discontinue using our services if there are any downtime, access issues, or data loss. We are not responsible for any resulting losses, including loss of revenue or downtime.
36. Problems and Support:
Our support staff is available via email or phone to assist you with most situations. We may also refer you to articles, training videos, and other learning resources on our support website as necessary.
37. Modifications:
We regularly update and improve our services, which may include discontinuing certain features. We’ll do our best to notify you of any changes via email, our blog, or within the services themselves.
DO’S AND DON’TS
The guidelines in this section are crucial as they define the permissible use of our services. We recommend reading them carefully and adhering to them.
38. Feedback:
We appreciate and welcome your feedback, which we may use without any restrictions. You can share your feedback with us through email, phone calls, or our website.
39. Help using our services:
We offer enough guidance and support for using our services, and you agree to use them solely for lawful business purposes, following our instructions and guidance.
40. Discussions on RTO software forums:
If forums are available, you can join discussions about our services. Avoid sharing private information that you don’t want others to know, and do not post anything you are not authorised to share.
41. Limitations:
There may be limits on some of our services, such as a cap on the number of current students. If you exceed this limit, you will be responsible for any additional usage fees according to our usage plan.
42. No-Charge or Beta Services:
“We may provide free services, such as beta or trial accounts, which you use at your own risk.”
43. Things you must not ever do:
We can’t cover everything, but here are a few things you should never do as it would be a severe breach of trust.
MAY LEAD TO THE TERMINATION OF THE AGREEMENT BY US AND POSSIBLE LEGAL ACTION
- Undermine our computing systems or networks’ security or integrity.
- Impair functionality or interfere with others’ use of our services.
- Access any system without permission.
- Upload malicious code to our services.
- Share offensive, illegal, or infringing content.
- Modify, reproduce, or reverse engineer our services’ source code.
- Use our services in unauthorised ways.
- Resell, lease, or sublicense our services or accessed data.
- Commit fraud or illegal acts using our services.
- Act abusively or disrespectfully towards our employees or customers.
- Solicit our employees for employment.
- Compete with us through a similar service or product, or steal our intellectual property.
TERMINATION
“You can easily terminate your subscription with one month’s written notice. We may also terminate your subscription with the same notice. If you violate these terms, we reserve the right to terminate your subscription immediately.”
44. Subscription Period:
Your subscription is ongoing and continues for the period paid or payable. At the end of each billing period, it automatically renews for the same duration. You can terminate with one month’s written notice, but fees are due up to the termination date.
45. Termination by RTO Software:
RTO Software may terminate your subscription with one month’s written notice. They may also immediately suspend or terminate your subscription if:
LIABILITY AND INDEMNITY
This section is crucial for outlining liability terms between subscribers, invited users, and us. Please read it carefully and thoroughly.
46. You indemnify us:
You agree to indemnify us for any losses, expenses, liability, or demands arising from a third-party claim related to your use of our services or any third-party product.
47. Disclaimer of warranties:
Our services and third-party products are provided to you on an “as is” basis, and we disclaim all warranties, express or implied, including those of non-infringement, merchantability, and fitness for a specific purpose.
48. Limitation of liability:
Our liability is limited to the extent permitted by law. We are not liable for any indirect, consequential, or incidental loss, damage, or expense arising from your use of our services.
- We will make reasonable efforts to recover lost or corrupted data from available backups.
- Our total liability to you is limited to the total amount paid for your subscription in the month preceding the claim.
- License and virtual admin fees are non-refundable.
DISPUTES
This section outlines how disputes may be resolved.
49. Dispute Resolution:
To quickly resolve your concerns, contact our support team via phone, email, or by logging a ticket at our support site. If we can’t resolve your complaint, we’ll use binding arbitration or small claims court to settle disputes.
Any dispute must be brought in the parties’ individual capacity, not as a plaintiff or class member in any purported class.
IMPORTANT HOUSEKEEPING
Here we set out some additional terms. Take a read as they cover important issues.
50. No Professional Advice:
Just to be clear, RTO Software is not a professional services firm of any sort. It’s not in the business of giving any kind of professional advice. We may provide you with information we think might be useful in running an education organisation.
But this should not be seen as a substitute for professional advice. We are not liable for your use of the information in that way.
51. Events outside our control:
We do our best to control the controllable. We are not liable to you for any failure or delay in the performance of any of our obligations under these terms arising out of any event. A circumstance beyond our reasonable control.
52. Notices:
To contact RTO Software, send notices to legalnotice@rtosoftware.com.au. We will send notices to the email address provided through your subscription.
53. Exclusion:
Non-excludable guarantees provided by law still apply and these terms do not modify them. Our liability for breach of a non-excludable guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service.
We are bound only by the express promises made in these terms, except for non-excludable guarantees and other rights that we cannot exclude.
54. Export Limitations:
“Do not use our services in violation of any export or trade embargo laws that apply to you.”
55. Excluded Terms:
These terms are not subject to the United Nations Convention on Contracts for the Sale of Goods or the Uniform Computer Information Transactions Act (UCITA).
56. Blocking your access, disabling your subscription, or refusing to process a transaction:
Because our sites operate globally, different laws may apply in different countries. We reserve the right to refuse transactions or block access to our services if we believe there is a legal risk or risk of loss to us or our customers.
This includes transactions involving sanctioned persons or countries. You agree that you are not located in a sanctioned country or listed as a sanctioned person.
Additionally, we may block users from countries where we cannot receive payments. We may take these actions without prior notice. Please check available payment methods in your country.
57. Relationship between the parties assignment:
These terms do not create any partnership, joint venture, employment, or an agency relationship between you, us, or any other subscriber or invited user.
You are responsible for resolving any disputes with other subscribers or invited users. We may assign these terms, or our rights or obligations, to another RTO Software entity as needed.
RTO Software entities are companies controlled by or under common control with LTO Success Group Pty Ltd acting as Trustee for TEAMS Software Unit Trust (an Australian entity with ABN number 35 741 076 779).
58. Changes to these terms:
We may update these terms, but any changes won’t apply retroactively. We’ll try to notify you of any material changes at least 30 days in advance.
We’ll notify you through email or a visible notice of our services. If a change isn’t material, we may not notify you. If you don’t agree with a modified term, you can terminate your subscription by giving advance notice to RTO Software.
59. Enforcement of terms:
If any part of these terms is unenforceable, both parties will disregard it, while the rest of the terms remain enforceable.
60. Interpretation:
Words like ‘include’ and ‘including’ are not limiting. Any decision made within our discretion means our sole discretion.
Our contracting entities are RTO Software and TEAMS Software Unit Trust, under LTO Success Group Pty Ltd. Australian Law applies, and disputes will be resolved in Melbourne, Victoria, Australia. Our registered office is located in Point Cook, VIC.
