Terms & Conditions

These are the Terms and Conditions applicable to any person, company, entity or party placing a request for the supply of services by Squirrelhog Pty Ltd (ABN 83 659 968 439, ACN 659 968 439).

1. Definitions and interpretations

In these Terms and Conditions, the following terms have the following meanings:

Agreement means this document.

Application means the application called "Onestop CPE" provided by OneStop.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day on which banks are open for general banking business in New South Wales (excluding Saturday, Sunday or NSW public holiday).

CPE means Continuing Professional Education.

CPE Course means any course or professional learning opportunity that is credited towards CPE.

Force Majeure means anything beyond the control of a party that prevents that party from performing its obligations, including strike, lockdowns, government orders, trade disputes, fire, accidents, supply, import and adverse weather conditions.

Group Companies means any related entity of OneStop as defined in the Corporations Act 2001 (Cth).

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Indirect Losses means any indirect or consequential loss or damage including, without limitation: loss of profits, loss of revenue, loss of production, loss of opportunity, loss of access to markets, loss of goodwill, system failure or malfunction loss, costs of obtaining substitute product, work stoppage, costs associated with denial of access or down-time, any loss associated with damaged or stolen data, loss of business reputation or any similar loss.

Intellectual Property means all intellectual property rights, whether existing under statute, at common law or in equity, now existing or created in the future in connection with the Application, including documentation, training materials, intellectual property rights in the Application, trade marks, business names, trade names, logos, circuit layouts, computer software, code, algorithms, confidential information, copyright, designs, domain names, trade secrets, moral rights, derivative rights, formulas, inventions, know-how and patents.

OneStop means Squirrelhog Pty Ltd (ABN 83 659 968 439, ACN 659 968 439).

Order means the User's acceptance of the Quotation.

Subscription Fee means any amount specified on the Application for use of the Application, payable per month, subject to any amendments under these Terms.

Subscription Period means the fixed period for which the User has purchased access to the Application.

User means the party (or parties) that uses, or has the benefit of use of, the Application.

Organisation means a group account on the Application that allows multiple Users to share training data and manage compliance collectively.

Organisation Owner means the User who created the Organisation or has been designated the primary account holder for billing and administrative purposes.

Organisation Admin means a User granted administrative privileges within an Organisation by the Organisation Owner.

Organisation Member means a User who has joined an Organisation but does not have administrative privileges.

Seat means a licence to use the Application as part of an Organisation subscription.

Shared Training Data means training records that a User has elected to share with an Organisation.

In these Terms:

• Headings are for convenience only and do not form part of the Agreement.
• Singular includes plural, gendered words include all genders, and natural persons include corporations.
• The word "including" is not a term of limitation.

2. User bound by terms

By using the Application, the User agrees to be bound by this Agreement.

The User agrees to take all necessary steps to ensure that the provisions of this Agreement are not breached by any of its employees, consultants, agents, officers or contractors who use, or otherwise have access to, the Application.

Once the User has accepted these Terms (by clicking accept, or by accessing or using the Application), the User waives any right to assert that electronic acceptance does not constitute actual acceptance.

3. Subscription period and subscription fee

The User's use of the Application continues for the Subscription Period unless terminated earlier in accordance with this Agreement.

To access and use the Application, the User must pay the Subscription Fee monthly (subject to any trial period).

OneStop may, at its sole discretion, offer a trial period during which the User may use the Application without paying the Subscription Fee. The trial lasts thirty (30) days unless otherwise notified by OneStop. At the end of the trial, access ceases unless the User opts in to a Subscription Period.

The Subscription Fee will be increased by any GST and other taxes and duties that apply, except where expressly included in an invoice.

The User must promptly notify OneStop or update its billing information if any account information changes.

OneStop may, for the Subscription Period and without notice, direct-debit the User's nominated account for the Subscription Fee.

OneStop may increase the Subscription Fee at its discretion. If it does so, OneStop will provide at least one (1) month's notice.

4. Application add-ons

The User acknowledges that OneStop may introduce future additions and enhancements to the Application ("Add-Ons"). Add-Ons are likely to be priced separately and OneStop will provide a separate agreement covering their use and payment.

5. Organisation accounts

Organisation creation and ownership.

• Any User may create an Organisation and become the Organisation Owner.
• The Organisation Owner is responsible for payment of all Organisation subscription fees, designating Organisation Admins, overall management of the account, and ensuring Organisation Members comply with these Terms.

Organisation Admin responsibilities. Organisation Admins may:

• Invite new members to the Organisation;
• Assign and revoke Seats;
• Approve or reject training entries (where approval workflows are enabled);
• View compliance status of Organisation Members; and
• Remove members from the Organisation.

Organisation Admins must exercise these powers in good faith and in accordance with any applicable employment or professional obligations.

Seat subscriptions.

• Organisation subscriptions are sold in seat packs (5, 10 or 20 seats).
• Seats may be assigned and revoked at the Organisation Owner's or Admin's discretion.
• Unused seats do not roll over between billing periods.
• Seats are not transferable between Organisations.

Data ownership in Organisations.

• All training data entered by a User remains the property of that User.
• When a User shares a professional role with an Organisation, the Organisation receives a licence to view all training data for that role for compliance tracking purposes only.
• If a User leaves an Organisation or removes a shared role, the Organisation loses visibility of that training data and the licence is terminated.
• The User retains full ownership and access to all their training data at all times.

Organisation termination. If an Organisation subscription is terminated:

• All Organisation Members lose access to Organisation features;
• Individual Users retain access to their personal training data; and
• Compliance records are retained in accordance with OneStop's data retention policy.

6. Refunds

Subject to the Australian Consumer Law and unless expressly specified elsewhere in this Agreement, all Subscription Fees are non-refundable. OneStop does not provide refunds or credits for partial use or non-use of the Application. No refund will be given where cancellation or termination occurs midway through the Subscription Period.

7. Failure to pay

If the User does not pay the Subscription Fees or any other fees by the due date, OneStop may at its option do any one or more of the following:

• Suspend the User's use of, and access to, the Application.
• Terminate the User's subscription. Upon termination, the User's data stored on the Application may be deleted in accordance with our retention policy.
• Charge an administration fee for late or dishonoured payments.
• Charge interest at the rate of ten percent (10%) per annum on any overdue amount until paid in full.

8. User obligations

The User must:

• Comply with all laws applicable in the User's jurisdiction in connection with the use of the Application.
• Protect any user name, credentials, certificates, passwords or other account details used in connection with the Application.
• Inform OneStop immediately of any unauthorised access to the Application or the User's account.

9. User restrictions

The User must not:

• Reverse engineer, decompile, disassemble, modify or alter the Application, or attempt to discover its source code, algorithms, techniques or methodology.
• Copy any ideas, functions, features or graphics from the Application for any purpose, including the development of a similar program or service.
• Tamper with or attempt to bypass functionality that operates to enforce this Agreement.
• Use the Application to store or transmit infringing, defamatory, or otherwise unlawful or tortious material, or material in violation of third-party privacy or intellectual property rights.
• Claim any sponsorship, affiliation or endorsement by OneStop.
• Act in a manner that is abusive to an employee, contractor or other agent of OneStop.

10. CPE courses

While OneStop will endeavour to surface a listing of available CPE Courses relevant to the User, OneStop makes no guarantee as to:

• The number of available CPE Courses; or
• The timeframe required to complete CPE Courses.

The User acknowledges and accepts that:

• The User is solely responsible for entry of data relating to CPE Courses.
• The User is solely responsible for the accuracy of any data, including pre-filled data.
• The User is solely responsible for retaining and providing photographic or other evidence of completion of any CPE Course.
• Any external course undertaken by the User must be forwarded to OneStop in accordance with the instructions in the Application.
• The timeframe listed in the Application is indicative only. Evidence of CPE points accrued relies upon the time documented by the User.
• The User is solely responsible for documenting points of learning from completion of CPE Courses.
• OneStop accepts no liability or responsibility for the User meeting its CPE requirements with any regulator.

11. Intellectual property

The Application, all Intellectual Property and all contents within the Application will at all times remain vested in OneStop.

12. Maintenance and updates

OneStop will perform maintenance and updates to the Application from time to time. Access may be interrupted or disrupted as a result.

OneStop will endeavour to provide reasonable notice of regular system maintenance, downtimes or updates (but is not obliged to). Urgent maintenance may proceed without notice.

OneStop does not warrant that the Application will:

• be error-free, uninterrupted, complete or completely secure;
• be compliant with any applicable laws which apply to the User;
• meet the User's requirements;
• have any defects rectified;
• continue to operate during any event outside OneStop's control (Force Majeure, power failures, system failures, incompatible User systems);
• be immune from unauthorised access or alteration of stored data.

The User acknowledges that use of the Application requires internet access and that internet access may be affected by factors outside OneStop's control. Any access to the internet and storage of data on servers may involve risks. Email submissions are not encrypted in transit and may be vulnerable to interception. The User releases OneStop from any claim arising out of any interruption resulting from such matters.

13. Storage of data

Subject to clause 6, OneStop will endeavour to retain a backup of data input by the User (where the User has paid all monies owing) for up to six (6) months after expiry of the Subscription Period. OneStop does not guarantee that any such backup will be useable or accessible.

The User accepts that data storage is not completely secure and that the User remains responsible for maintaining their own backup of their own data.

14. Limitation of liability and indemnities

Unless otherwise required by the Australian Consumer Law or other applicable legislation, OneStop will not be liable under any circumstances for:

• any special, indirect or consequential loss or damage;
• any loss of profits, anticipated or otherwise;
• any loss of revenue, gain or benefit;
• any loss of business opportunity;
• any costs arising from failure of the Application;
• any damage to equipment, appliances or data arising from the operation of the Application; or
• any damage to business goodwill arising from the installation and operation of the Application.

Unless otherwise set out in the Australian Consumer Law, the User indemnifies OneStop against any claims, loss, damage, liabilities, expenses, costs or demands made by any third party due to or arising out of a breach of this Agreement by the User, or arising out of the User's negligent act or omission.

15. Title

OneStop will retain all legal and equitable title in the Application. Title for any data stored on the Application, including data input by the User, is held by the User; OneStop holds it as data processor for the User.

16. Default and consequences of default

Accounts not paid within thirty (30) days will be charged interest on the outstanding amount at a rate of 10% per annum.

If the User's payment is dishonoured by their bank, the User must pay any dishonour fee charged by OneStop's bank.

Unless otherwise specified by the User, payments received by OneStop will be applied at the discretion of OneStop.

OneStop is entitled to set off against any money owing to the User any amount owed to OneStop by the User on any account. The User is not entitled to set off any alleged amount owed by OneStop against any amount due by it to OneStop.

17. Privacy policy

The User agrees to be bound by the OneStop Privacy Policy, which forms part of these Terms and invokes the provisions of the Privacy Act 1988 (Cth).

The User consents to receiving communications from Squirrelhog Pty Ltd about other products and services, educational content and promotional offers as detailed in the Privacy Policy. The User may opt out of these communications at any time.

The User authorises OneStop to obtain credit information from a credit-reporting agency to assess any credit application or review existing credit provided by OneStop.

The User authorises OneStop to exchange information with other Group Companies.

The User agrees that personal information provided may be used and retained by OneStop for purposes including:

• Marketing of further goods or services;
• Analysing, verifying and checking credit, payment and status in relation to provision of services;
• Processing payment instructions, direct-debit facilities and credit facilities;
• Enabling daily operation of the User's account and collection of outstanding amounts.

The User acknowledges that OneStop's website may be hosted, or some data may be stored, overseas for reasons of uniformity between Group Companies. All information derived from Australia continues to be treated in accordance with OneStop's Privacy Policy.

18. Notices

Notices to OneStop may be sent to info@onestopcpe.com.au or support@onestopcpe.com.au.

19. General

• If any provision of these Terms is found to be invalid, void, illegal or unenforceable, the remaining provisions are not affected.
• The Terms are subject to the laws of New South Wales and the courts of New South Wales.
• OneStop will be under no liability whatsoever for any indirect loss or expense (including loss of profit) suffered by the User arising out of a breach of these Terms.
• In the event of any breach of these Terms by OneStop, the User's remedies will be limited to damages, and OneStop's liability will not exceed the amount paid by the User during the previous twelve (12) months.
• OneStop may license or sub-contract all or any part of its rights and obligations without the User's consent.
• OneStop may review these Terms at any time. Any change takes effect from the date OneStop notifies the User.
• Neither party will be liable for any default due to Force Majeure (act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond reasonable control).

See also: Privacy Policy · Cookie Policy