1.Contracting Entity
These Terms are between WILSON, AARON, trading as VET Solutions, ABN 14 429 909 591, and the customer organisation that creates, pays for, accesses or uses VET Solutions Cloud.
If an individual accepts these Terms or uses the platform for an organisation, that individual represents that they have authority to bind the organisation. If they do not have authority, they must not use the platform for that organisation.
2.Definitions
In these Terms:
- "Account"
- means an organisation workspace and related user accounts in the platform.
- "Authorised User"
- means a person invited or permitted by the Customer to access the platform.
- "Customer"
- means the organisation that subscribes to or uses the platform.
- "Customer Content"
- means content, data, files, prompts, documents, materials and information submitted to or generated through the platform by or for the Customer.
- "Output"
- means reports, documents, recommendations, mappings, validations, assessments, summaries or other material generated by the platform.
- "Platform" or "Service"
- means VET Solutions Cloud and related websites, applications, APIs, support and services.
3.Business Use
The platform is intended for Australian registered training organisations and related business customers. It is not designed as a consumer product, legal advice service, regulatory advice service or substitute for professional judgement.
The Customer is responsible for ensuring its use of the platform complies with all laws, standards, contracts, regulator expectations and internal policies that apply to it.
4.Account Owners, Administrators and Users
The Customer is responsible for all activity under its account, including activity by owners, administrators, members, viewers and invited users.
The Customer must keep account information accurate, maintain appropriate user roles, remove users who no longer require access, and ensure Authorised Users comply with these Terms.
We may rely on instructions from account owners or administrators unless we have reason to believe the instruction is unauthorised, unlawful or creates a security risk.
5.Access and Availability
Subject to these Terms and payment of applicable fees, we grant the Customer a limited, non-exclusive, non-transferable right to access and use the platform for its internal business purposes during the subscription term.
We aim to provide a reliable service, but we do not guarantee uninterrupted or error-free availability unless a separate written agreement says otherwise. Maintenance, incidents, provider outages, security events, capacity limits and force majeure events may affect access.
6.Plans, Trials and Credits
Features, limits, credits, user limits, AI usage, exports and support levels may depend on the selected plan. Trial access may be offered for a limited period and with a limited number of credits. Unless stated otherwise in the trial offer, no paid subscription begins until the Customer selects a paid plan and provides required billing details. Trial credits have no cash value, are not refundable and expire at the end of the trial unless otherwise stated.
Credits are a platform usage measure and are not stored monetary value. Monthly plan credits reset on the 1st day of each month and unused monthly plan credits do not roll over. If monthly plan credits are not used before the next monthly reset, they expire and are not refundable, transferable or redeemable for cash.
The Customer may be able to purchase additional credits, known in the platform as Reserve Credits. Reserve Credits are only used after the Customer's available monthly plan credits have been used. Reserve Credits expire 3 months after purchase unless otherwise stated at the time of purchase. Expired Reserve Credits are not refundable, transferable or redeemable for cash, except where required by law.
Credits may be consumed when a validation, generation, export, AI-assisted job or other credit-based action is submitted or completed, depending on the feature. If a job fails within the platform, the credit used for that failed job will be refunded or restored to the Customer's account where the platform records the job as failed. Re-running, resubmitting or generating a new version of a job may consume additional credits.
On cancellation, credits remain available until the end of the current paid subscription period, unless access is suspended or restricted under these Terms. At the end of the paid subscription period, any unused monthly plan credits and unused Reserve Credits expire and are not refundable, transferable or redeemable for cash, except where required by law.
Monthly plan credit resets and Reserve Credit expiry periods are calculated using Australian Eastern Standard Time unless the platform states otherwise.
7.Subscriptions and Billing
Paid subscriptions are processed through Stripe or another approved billing provider. The Customer authorises recurring billing for the selected plan and billing interval until cancellation takes effect.
Prices are in Australian dollars. Unless expressly stated otherwise, prices are exclusive of GST and other applicable taxes. GST and any applicable taxes will be added at checkout or shown on the invoice where required.
Monthly plans renew monthly and annual plans renew annually unless cancelled before the next renewal date. Customers can cancel through the billing portal or another cancellation method made available in the platform. Cancellation takes effect at the end of the current paid billing period unless otherwise stated in the billing flow or agreed in writing.
For annual plans, we will take reasonable steps to provide a renewal reminder before renewal, unless the billing provider or billing flow already provides equivalent notice. Customers remain responsible for managing their subscription and cancellation before the next renewal date.
8.Payment Failure and Downgrades
If payment fails or a subscription is not active, we may take reasonable steps such as notifying the Customer, retrying payment, restricting paid features, suspending access, downgrading the account, or terminating the subscription.
Where practicable, we will provide notice before material suspension for non-payment. Immediate restriction may occur where required by a payment provider, security need, legal requirement or material risk.
9.Cancellation and Refunds
The Customer may cancel through the available billing process. Cancellation takes effect at the end of the current paid billing period unless the billing flow or a separate written agreement states otherwise.
The Customer may continue to use available platform access and credits until the end of the current paid billing period, unless access is suspended or restricted under these Terms. At the end of the paid billing period, the subscription ends and any unused monthly plan credits or Reserve Credits expire.
Except where required by law or expressly agreed, fees are non-refundable, including for unused time, unused credits, unused features or partial billing periods. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded.
10.Acceptable Use
The Customer and Authorised Users must not:
- use the platform unlawfully, deceptively or in a way that infringes rights;
- attempt unauthorised access, probing, scanning, load testing or security circumvention;
- interfere with platform integrity, availability or performance;
- upload malware, harmful code or unlawful content;
- use the platform to make fully automated high-impact decisions about individuals without appropriate human review;
- submit personal, sensitive, student, child, health, government identifier or confidential third-party information without authority;
- reverse engineer, scrape, resell, benchmark for competitive purposes or attempt to extract platform prompts, models or source code;
- misuse AI features to generate unlawful, misleading, discriminatory or harmful material.
11.Customer Content
The Customer retains ownership of Customer Content. The Customer grants us a worldwide, non-exclusive licence to host, copy, transmit, process, display, modify and use Customer Content as reasonably necessary to provide, secure, support, maintain and troubleshoot the platform, and to improve platform reliability, safety and performance using de-identified or aggregated information where practicable. We do not use Customer Content to train public foundation models.
The Customer warrants that it has all rights, permissions, notices, consents and lawful bases needed to submit Customer Content and allow us to process it under these Terms and the Privacy Policy.
12.Outputs
As between the parties and subject to payment and these Terms, the Customer may use Outputs for its internal business purposes. To the extent permitted by law, as between the parties, the Customer owns Outputs generated specifically for it, excluding our platform, software, templates, prompts, workflows, know-how, pre-existing materials and underlying intellectual property.
Outputs may be similar or identical to outputs generated for other customers where similar inputs, units, regulatory requirements or common training concepts are used.
13.Platform Intellectual Property
We retain all rights in the platform, software, interfaces, workflows, templates, prompts, documentation, design, know-how, business processes, feature logic, models, integrations and other materials we own or license.
No rights are transferred except the limited access rights expressly granted in these Terms.
14.Feedback
If the Customer or any user provides suggestions, ideas, enhancement requests or feedback, we may use them without restriction or compensation, provided we do not disclose Customer confidential information in doing so.
15.AI-Assisted Features
The platform uses AI-assisted features to help parse, validate, map, generate, summarise or analyse training and assessment materials. AI behaviour can vary and Outputs may contain errors, omissions, unsupported assumptions, outdated information or unsuitable wording.
The platform provides decision support only. It does not provide legal advice, regulatory advice, audit certification, ASQA approval, RTO compliance certification, assessment validation sign-off or a guarantee of audit outcome.
The Customer is responsible for human review, professional judgement, validation decisions, assessment decisions, learner outcomes, regulatory submissions, final document approval and any reliance on Outputs.
16.VET and ASQA Compliance Responsibility
The Customer remains responsible for compliance with the Standards for RTOs, training package requirements, ASQA requirements, state funding requirements, contractual obligations and any other applicable regulatory framework.
The Customer must ensure Outputs are reviewed by appropriately skilled personnel before use. The Customer must not represent that VET Solutions has approved, certified or guaranteed a document unless we expressly agree in writing.
17.Personal Information and Prohibited Data
The Customer must comply with privacy, confidentiality and records obligations that apply to Customer Content. The Customer should avoid uploading unnecessary personal information and must not upload sensitive information, student identifiers, child information, health information or government identifiers unless it has a lawful basis and appropriate authority.
We handle personal information in accordance with our Privacy Policy.
18.Security Responsibilities
We will use reasonable technical and organisational measures to protect the platform. The Customer is responsible for user access controls, password practices, device security, network security, internal approvals, downloaded files and any onward disclosure of Outputs.
The Customer must promptly notify us of suspected unauthorised access, credential compromise or security incidents affecting the account.
19.Support and Maintenance
Support is provided through the channels and service levels we make available for the applicable plan. We may perform maintenance, updates, security changes and reliability improvements. Where practicable, we will provide notice of material planned downtime.
20.Changes to the Service
We may change the platform where reasonably necessary for security, reliability, compliance, provider changes, product improvement, technical reasons or commercial availability.
If a change materially reduces paid core functionality, we will take reasonable steps to provide notice and, where appropriate, a transition path, workaround, plan change or cancellation option.
21.Suspension
We may suspend or restrict access where reasonably necessary due to non-payment, security risk, suspected misuse, unlawful activity, material breach, provider requirement, legal requirement, excessive usage, or risk to other customers or the platform.
Where reasonable and lawful, we will provide notice and an opportunity to remedy before suspending access, except where immediate suspension is required for security, legal, payment provider, misuse or platform integrity reasons.
We will limit suspension to what is reasonably necessary in the circumstances and will restore access when the issue is resolved, unless termination is justified.
22.Termination
Either party may terminate as allowed by the billing process, these Terms or a separate written agreement. We may terminate for material breach if the breach is not remedied within 14 days after notice, or immediately where the breach cannot reasonably be remedied or creates serious legal, security, privacy, payment, operational or third-party risk.
After termination, access to the platform may end and paid features may stop. The Customer should export needed content before termination where export tools are available.
23.Data Export and Deletion
During an active subscription, the Customer may export available Outputs and content using platform features. After termination or account closure, we may retain, delete or de-identify Customer Content according to the Privacy Policy, backup cycles, legal obligations, billing records, audit records and legitimate operational needs.
We are not responsible for Customer Content that the Customer deletes, overwrites, exports, downloads or shares outside the platform.
After cancellation or termination, we may provide up to 30 days for the Customer to export available Customer Content, unless immediate restriction is required for security, legal, non-payment or misuse reasons. After that period, we may delete or de-identify Customer Content in accordance with the Privacy Policy and our retention practices.
24.Confidentiality
Each party must protect the other party's confidential information using reasonable care and must not use or disclose it except as permitted by these Terms, required to provide the service, authorised by the disclosing party, or required by law.
Confidential information does not include information that is public, independently developed, lawfully received from a third party, or already known without confidentiality restriction.
25.Third-Party Services
The platform depends on third-party services including cloud hosting, storage, authentication, database, payment, email, AI infrastructure, monitoring and support tools. We are not responsible for third-party services outside our reasonable control, but we will take reasonable steps to select and manage providers used to deliver the platform.
Third-party provider availability, terms, model behaviour, pricing, regional availability or incidents may affect the platform.
26.Warranties and Disclaimers
To the maximum extent permitted by law, the platform is provided on an "as is" and "as available" basis. We do not warrant that the platform or Outputs will be uninterrupted, error-free, complete, current, compliant with every customer requirement, or suitable for use without human review.
Nothing in these Terms excludes, restricts or modifies non-excludable rights under the Australian Consumer Law.
27.Indemnity
The Customer indemnifies us against losses, claims and reasonable expenses suffered or incurred by us arising from the Customer's breach of these Terms, unlawful use of the platform, infringement of third-party rights, unauthorised submission of Customer Content, or misuse of Outputs, including use of content without due diligence and appropriate review, except to the extent the loss is caused or contributed to by negligence, wilful misconduct, fraud or breach of these Terms by VET Solutions.
28.Liability
To the maximum extent permitted by law, neither party is liable for indirect, consequential, special, exemplary or punitive loss, loss of profit, loss of revenue, loss of goodwill, business interruption or loss of data, except where liability cannot lawfully be excluded.
To the maximum extent permitted by law, our aggregate liability for claims relating to the platform is limited to the fees paid by the Customer for the affected service in the 12 months before the event giving rise to the claim.
The liability limit does not exclude or limit liability that cannot lawfully be excluded or limited, or liability arising from our wilful misconduct, breach of confidentiality, fraud, or infringement of third-party intellectual property rights by materials we provide.
29.Australian Consumer Law
Where the Australian Consumer Law applies, the Customer may have guarantees, rights or remedies that cannot be excluded. Nothing in these Terms excludes, restricts or modifies those guarantees, rights or remedies.
Where permitted by law, our liability for breach of a non-excludable guarantee is limited to resupplying the services or paying the cost of resupplying the services.
30.Notices
We may give notices through the platform, by email, through the billing provider, or by another reasonable method. The Customer is responsible for keeping account and billing contact details current.
Legal notices to us must be sent to support@vetsolutions.com.au or PO Box 275, Salisbury QLD 4107, or another address we nominate.
31.Disputes
Before starting court proceedings, each party must use reasonable efforts to resolve disputes through good faith discussions. This does not prevent either party from seeking urgent injunctive relief, taking action for unpaid fees, or complying with legal obligations.
32.Governing Law
These Terms are governed by the laws of Queensland, Australia. The parties submit to the courts of that jurisdiction and the Commonwealth courts of Australia.
33.Changes to These Terms
We may update these Terms from time to time. Where changes are material, we will provide reasonable notice through the platform, email or another reasonable channel. Continued use after the effective date means the updated Terms apply.
If a change materially and adversely affects the Customer's current paid subscription, the Customer may cancel in accordance with the billing process. Any additional refund rights will be as required by law or expressly stated by us.
Material changes will not apply retrospectively to reduce rights or increase fees for an existing paid subscription period unless required by law, security, provider change or urgent operational need.
34.General
The Customer must not assign its rights or obligations without our consent, not to be unreasonably withheld. We may assign these Terms as part of a business transfer, restructure, merger, sale or change of control.
If part of these Terms is invalid, the remaining parts continue. A failure to enforce a term is not a waiver. These Terms, the Privacy Policy, the selected plan and any written order or agreement form the agreement between the parties.