Using RTO Software – RTO TEAMS
In this section we explain the terms and conditions that relate to the use of our software and services. When you see a word in bold, it will have the same corresponding meaning every time it is used within these terms.
- You and RTO Software: When we say you or your, we mean both you and any entity or organisation you are authorised to represent. When we say RTO Software, we, our or us, we are talking about the RTO Software entity you contract with and pay fees based on the edition of the RTO TEAMS product you are using.
- Our services: Our services consist of all the services we provide now or in the future, including our online and mobile education and college management products.
- People invited to use RTO Software: An invited user is a person other than the subscriber who has been invited to use our services by the subscriber. If you are an invited user, you must also accept these terms to use our services.
- User roles and access: As a subscriber inviting others into a subscription, you should understand the permissions you’re granting to invited users.
- The right to use our services: Whether you are a subscriber or an invited user, we grant you the right to use our services (based on your subscription type, your user role and the level of access you have been granted) for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or – if you are an invited user – until your access is revoked.
- Subscriber role: As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it. It is quite a big deal! For example:
- You cannot transfer a subscription to another entity without our permission.
- You control access to a subscription. You decide who is invited to use our services you have subscribed to and what kind of access the invited user has. You can change or stop that access at any time
- You are responsible for resolving any disputes with any invited users over access to your subscription
- You are responsible for all your invited users’ activity
- Rules: Whatever your role, when you use our software or services you agree to follow the rules outlined in this document. Please read them and make sure you understand what you should and should not do.
- Your responsibilities: You promise that you will keep your information (including a current email address) up to date. You are responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, financial and compliance obligations. You are also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards but you will ensure that passwords are very strong and not easily guessable. The stronger the password the better! For more on security generally, check out the security section of this document below.
- When we introduce new or revised services: Since we are always thinking about how to make RTO Software the best it can be – we regularly expand our services. For new or updated services, there might be additional terms. We will let you know what those terms are before you start using those services.
- What we own: We own everything we have put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
Unless you are in a free trial or other offer period, you will need to pay for a subscription based on the pricing of your selected usage plan. The pricing details and other terms of your subscription are explained when you select your plan.
- Trial subscriptions: From time to time, we may offer free trials of our services. If you had opted for a free trial, you are liable to use that based on the terms specified at the time. If you choose to continue using our services after the trial, you will be invoiced as per our usage plan. If you choose not to continue using our services following a trial, you may notify us before the trial finishes and we will delete your TEAMS site and any data contained therein.
- RTO Software usage plans: Your use of our services generally require you to pay a monthly subscription fee based on your subscription type (the subscription fee). The usage plan consists of the subscription and subscription fees we offered you, including invoicing, payment, auto-renewal and cancellation terms. The usage plan may vary by the type of college you are and by the number of current students as well as the software edition that you have subscribed to. We may update or amend the usage plan from time to time. The terms of the usage plan form part of these terms. As with any other changes to our terms, changes to the usage plan can apply retrospectively. If we make changes and you are a subscriber, we will make every effort to let you know in advance. Your usage plans may also change if your college grows (or shrinks) in current student numbers. Any updates on the usage prices can be checked on the latest usage plan on our website.
- Taxes for your use of our services: We charge GST as per the Australian government regulations. Any use of our software or services comes with the implicit agreement that you will pay any taxes as applicable by the Australian government.
- Additional services: Depending on what edition of our services you sign up for, you may be able to take advantage of additional services that RTO Software offers – like enterprise features, student or agent portals or other items such as mobile apps. These may incur an additional fee that we will let you know about when you sign up for those services.
- Importance of timely payments: To continue accessing our services, you need to make timely payments based on the usage plan you selected. Please ensure that you avoid delays or miss payments, if we do not receive timely payments, we may suspend access to your subscription until the payment is made.
Data use, third party data and privacy
- Import of external data: We may import data given by you or access this data from third party software providers based on access given by you. You are responsible for this data and it’s accuracy. We cannot be held responsible for any data imported including it’s quality, any errors or omissions etc. You assume full responsibility for ensuring that the data imported into our software is to your satisfaction. We cannot be held liable for any delays, omissions or errors as a result of this data processing or import.
- Use of data: When you enter or upload your data into our services, we do not own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.
- Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
- Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we will let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you are best placed to make this decision, because you will have the most knowledge about the personal data stored in your subscription.
We take reasonable precautions to protect your confidential information and expect that you will do the same for our information.
- Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so by law.
We take security seriously and you should too! To help protect our services and your data, we offer added security features such as two-step authentication.
- Security safeguards: We have invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. You can read more about these measures on our data security policy. While we have taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.
- Account security features: We may introduce security features to make your account more secure, such as two-step authentication. Depending on where you are in the world or what services you are using, we may require you to adopt some of these features. Where we make the use of security features optional, you are responsible (meaning we are not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.
- Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there has been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of RTO Software systems or services to store personal data, (unless it is a field explicitly asking for personal data – like a first name or last name) credit card details, tax identifiers or bank account details. More information on how to keep your data secure is available on our security page.
Apps and third-party products
To help make your RTO Software experience even more beautiful, the RTO TEAMS offering includes apps and other products and services made available by trusted partners.
- Other services (embedded): Some of our services, such as our SMS sending functionality, payments processing facility etc are available through other companies’ services, such as DirectSMS or PIN Payments. These companies may have additional terms that apply to you, such as the pinpayments.com terms and conditions for the use of their payment processing service.
- USI or VSL or HED FeeHelp: Your use of automated services enabled by us to interact with and send data to external government services may be subject to separate terms and conditions as imposed by USI or VSL and other such government departments. While these services are generally offered for free but they may have associated terms and conditions that we will pass on to you. You may discontinue the use of a service at any time, however, while you are using these services you are bound by the terms and conditions as set by those regulatory bodies.
- Third-party products: Along with the use of our services, you may use data, services and apps from other companies (third-party products), for example, you may use DocuSign document signing service. Any third party providing a third-party product is a provider and is independent of us, so be aware that a provider may also charge you fees in addition to what you pay us.
- Third-party terms and descriptions: Third-party products are subject to terms and conditions and privacy notices set by their providers. These include how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non-personal data before you connect to them. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We do not endorse nor assume any responsibility for third-party products.
- Payments to RTO Software: Some third-party providers may pay RTO Software a fee that may be related to: referrals from RTO Software; revenue made by the provider; or data that the providers access about you through our services with your consent.
Maintenance, downtime and data loss
We really try to minimise any downtime, but sometimes it is necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss, so backing up your data is important. You can read how we backup your data in our data backup policy.
- Availability: We strive to maintain the availability of our services, and provide online support, 24 hours a day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we will attempt to notify you in advance but cannot guarantee it.
- Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.
- Data loss: Data loss is an unavoidable risk when using any technology. You are responsible for maintaining copies of your data entered into our services. We will provide you with a copy of your data at your request. For information on how to do that, read our data backup policy.
- No compensation: Whatever the cause of any downtime, access issues or data loss or any data import issues, your only recourse is to discontinue using our services. We are not liable for any losses such as a loss of revenue or downtime or any other such issues raised by you.
- Problems and support: If you have a problem, we have excellent support staff that are available via email or phone call to help you with most situations. We may also refer you to articles and/or training videos and other learning resources available through our support website as necessary.
- Modifications: We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we will endeavour to notify you where practical (for example, by email, on our blog, or within our services when you log in).
Do’s and don’ts
This section is super important because it outlines how you can (and can’t) use our services. Much of it will be common sense. Please read these guidelines carefully and ensure you follow them.
- Feedback: We love your feedback and may use it without restriction. You can reach out to us via email, via phone call or from our website.
- Help using our services: We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance that we provide.
- Discussions on RTO Software Forums: If we enable any forums, you can participate in discussions about our services. Only share private information if you are happy for others to know it, and do not post anything you do not have the right to share.
- Limitations: Some of our services may be subject to limits such as a cap on the number of current students. You may exceed this cap but you will be liable for any changes in the usage fees as per our usage plan.
- No-charge or beta services: Occasionally we may offer a service at no charge – for example a beta service, or a time-limited trial account. Because of the nature of these services, you use them at your own risk.
- Things you must not ever do: While we cannot cover everything here, we do want to highlight a few more examples of what you must never do as that would constitute a severe breach of trust and may lead to termination of the agreement by us and possible legal action.
- Undermine the security or integrity of our computing systems or networks.
- Use our services in any way that might impair functionality or interfere with other people’s use.
- Access any system without permission.
- Introduce or upload anything to our services that includes viruses or other malicious code.
- Share anything that may be offensive, violates any law, or infringes on the rights of others.
- Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
- Resell, lease or provide our services in any way not expressly permitted through our services.
- Repackage, resell, or sublicense any leads or data accessed through our services.
- Commit fraud or other illegal acts through our services.
- Act in a manner that is abusive or disrespectful to a RTO Software employee, partner, or other RTO Software customer. We will not tolerate any abuse or bullying of our RTO Software employees in any situation and that includes interaction with our support teams.
- Solicit our employees with any offer of employment. They are bound by strict confidentiality and do not compete agreements that they signed upon employment. If you recruit any of our employees within 24 months (two years) of them leaving us, they are in breach of contract and you may also be liable if you employ them during this period.
- Compete with us by providing a similar service or product. By signing up and using our services you are agreeing to be a customer and not a competitor. If you or any of your affiliated companies (owned directly or indirectly) are suspected of theft of any intellectual property by any means including through coercion or conspiracy (with or without any help from our current or past employees) it will constitute a serious breach of this agreement.
Important: If we have reasonable grounds to believe that you are in breach of the above two points (of soliciting our employees and / or competing with us), we may at our discretion suspend your services, withhold database access and / or revoke all customer privileges without any prior notice. We may also seek urgent and immediate remediation from your side (including but not limited to) asking you to terminate any employment agreements with our past employees, request that you supply proof and/or sign an agreement to secure our current and future interests if we have reason to believe that you may be acting with malicious intent.
You can easily terminate your subscription with one month’s written notice. We may terminate your subscription as well with the same notice. If you violate these terms, we may terminate your subscription immediately.
- Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the usage plan. All usage charges are due to be paid in advance. You may choose to terminate your subscription at any time by providing one month’s written notice in advance. You will still need to pay all relevant subscription fees up to and including the day of termination.
- Termination by RTO Software: RTO Software may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. RTO Software may also terminate or suspend your subscription or access to all or any data immediately if:
- you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
- you breach any of these terms and the breach cannot be remedied,
- you fail to pay subscription fees, or
- you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
- No refunds: No refund is due to you if you terminate your subscription or RTO Software terminates it in accordance with these terms.
- Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. Visit our usage plan page to find out more about our ongoing usage charges. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.
Liability and indemnity
This section is important as it outlines liability terms between us and both subscribers and invited users, so we urge you to read it closely and in full.
- You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product.
- Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
- Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
- For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
- Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your usage subscription in the 1 (one) month immediately preceding the date on which the claim giving rise to the liability arose. Any licence and virtual admin fees paid are non-refundable.
This section outlines how disputes may be resolved.
- Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our support team by phone or email or by logging a ticket at our support site. If we are unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Here we set out some additional terms. Take a read as they cover important issues.
- No professional advice: Just to be clear, RTO Software is not a professional services firm of any sort, and is 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 and we are not liable for your use of the information in that way.
- Events outside our control: We do our best to control the controllables. We are not liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
- Notices: Any notice you send to RTO Software must be sent to firstname.lastname@example.org. Any notices we send to you will be sent to the email address you have provided us through your subscription.
- Exclusion: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable guarantees and other rights you have that we cannot exclude, we are bound only by the express promises made in these terms. 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 (unless the non-excludable guarantee says otherwise).
- Export limitations: You must not use our services in violation of any export or trade embargo laws that apply to you.
- Excluded terms: The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.
- Blocking your access, disabling your subscription, or refusing to process a transaction: As our sites are global, different laws may apply in different countries that restrict our relationship with you. We may block your access, terminate your subscription, or refuse to process a transaction if we reasonably believe there’s a risk – like a potential breach of a law or regulation – associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our customers or partners. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may also block users from a country if we can’t receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.
- Relationship between the parties; assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user. You’re solely responsible for resolving disputes between you and any other subscriber or invited user. RTO Software may assign these terms – or any of our rights or obligations in these terms – to another RTO Software entity as it deems appropriate. RTO Software entities are the companies controlled by or under common control with LTO Success Group Pty Ltd (“RTO Software”) acting as Trustee for TEAMS Software Unit Trust (an Australian entity with ABN number 35 741 076 779).
- Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we will ignore that part but everything else will remain enforceable.
- Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
- RTO Software contracting entities; law and venue: Our contracting entities are LTO Success Group Pty Ltd (“RTO Software”) acting as Trustee for TEAMS Software Unit Trust (an Australian entity with ABN number 35 741 076 779). Australian Law is applicable and our venue for resolving any disputes is Melbourne, Victoria, Australia. Our registered office is located at 7 Yosemite Street, Point Cook 3030 VIC, Australia.
You have made it to the end. Thanks for reading our terms!