Terms of Sale

1. Who We Are

Everything on this website is sold by Creative Directions Management Consulting Pty Ltd (ACN 655 132 166, ABN 78 655 132 166), trading as WorkProof ("we", "us", "our").

Contact: contact@workproof.com.au, or the contact form on this website.

2. Definitions

In these Terms:

• "Course" means any online training course offered on this website, including its lessons, assessments and associated materials.
• "Course pack" means two or more Courses sold together at one price. Each Course in a Course pack is treated as a Course bought one at a time for clauses 10 and 11.
• "Content" means every Course and everything else on this website, including text, video, audio, images, assessments, certificates and software.
• "Learner" means the individual who accesses and completes a Course, whether they bought it themselves, hold a Course Seat provided by their employer or another organisation, or are a Named Worker on a WorkProof Current plan.
• "Course Seat" means a single licence for one Learner to access and complete one specified Course under clause 10. On the website a Course Seat is usually just called a "seat" for a course.
• "Team Licence" means Course Seats a Customer buys for its employees or team members (clause 10.4).
• "Enrolment Code" means the unique code given to a Learner to activate a Course Seat bought on their behalf.
• "Access Period" means the period during which a Learner may access a Course under a Course Seat, as set out in clause 10.1.
• "Company Account" means an account on this website opened by a business or other organisation, rather than by an individual for their own use.
• "Customer" means the business or organisation that holds a Company Account and buys Course Seats or a WorkProof Current plan under it.
• "Account Administrator" means a person who manages a Customer's Company Account, its Course Seats and any WorkProof Current plan, as clause 4.5 describes.
• "WorkProof Current plan" or "plan" means the optional yearly plan for a Company Account described in clause 12, under which the Customer assigns Courses to its Named Workers, and each Named Worker may complete the Courses assigned to them while the Plan Year is paid.
• "Order Form" means the WorkProof Current order form for a plan, once the Customer has accepted it: the order form the Customer fills in online at checkout or, where the Customer asks for a quote, the Order Form we email with the quote (clause 12.2). There is no renewal Order Form for a plan bought online; it renews under clause 12.5.
• "automatic renewal" means the setting in a Company Account under which we charge the card saved at checkout for each renewal of a plan (clause 12.5).
• "Plan Year" means the period of 12 months beginning on the day we receive the Customer's first Plan Fee, and each later period of 12 months beginning on the day after the previous Plan Year ends. A Plan Year that includes 29 February has 366 days.
• "renewal date" means the first day of the next Plan Year (day 366 of a Plan Year of 365 days).
• "day", in Part C, means a calendar day in Sydney, New South Wales. Each day ends at midnight Sydney time, wherever the Customer is.
• "Plan Fee" means the fee for one Plan Year for the Customer's Tier, excluding GST, as stated in the Order Form or, for a later Plan Year, in the renewal notice (clause 12.5(d)).
• "Standard Plan Fee" means the Plan Fee for a Tier before any discount, as shown on this website and in the Order Form.
• "Tier" means the size of a plan by the most Named Workers on it at any one time: Micro (5), Crew (10), Site (25), Company (50), Enterprise (100), or a quoted plan for more than 100.
• "Named Worker" means a person the Customer names on its plan under clause 12.7 who has accepted our invitation. A named place is in use from the day the Customer names the person (clause 12.7(a)).
• "Training Register" means the record in a Customer's Company Account of the Courses its Named Workers completed under its plan, with completion dates and assessment scores. It does not include any completions report shown to a Company Account for Course Seats.
• "30 Day Money Back Guarantee" means the plan's own refund rule in clause 12.9.
• "Certificate of Completion" means the certificate we issue when a Learner successfully completes a Course. It shows the Learner's name, the Course title, the completion date and a unique verification identifier. It records a completed Course and does not expire. It is never withdrawn because a purchase or a plan is refunded. Clause 4.2 sets out the only way it can be withdrawn.

3. Prices, GST, Payment and Tax Invoices

3.1 Price display. All prices on this website are in Australian dollars.

(a) Course prices, including Course Seat and Course pack prices, are shown including GST everywhere they appear.

(b) Plan Fees for a WorkProof Current plan are shown excluding GST, with the words "plus GST" beside every Plan Fee on this website. The Order Form shows the Plan Fee, the GST amount and the total including GST before the Customer accepts it, and the tax invoice shows the same.

(c) GST is calculated at the rate that applies under Australian law, currently 10%. If that rate changes, only the GST amount on a Plan Fee changes; the Plan Fee excluding GST stays the same.

(d) Every tax invoice shows the GST amount. Clause 3.4 applies.

3.2 When a contract forms. A binding contract forms when: (a) you complete checkout and tick the box confirming that you have read and agree to these Terms; (b) your payment is successfully processed; and (c) we send you an order confirmation email. An automatic renewal of a plan needs no new checkout: it relies on what the Customer agreed at the first checkout (clauses 3.3 and 12.5). For a WorkProof Current plan, the contract forms under clause 12.2.

3.3 Payment processing and saved cards. Payments are processed by Stripe Payments Australia Pty Ltd. We do not store, and cannot see, your full card details. When a Customer buys a WorkProof Current plan online, the card it pays with is saved for the plan's automatic renewal (clause 12.5). Before the Customer pays, checkout tells it this, when each renewal is charged, how the amount is set and how to turn automatic renewal off, and asks it to agree by ticking one box. Checkout for a plan cannot be completed without that tick. The Customer can turn automatic renewal off in its Company Account at any time, including straight after checkout, with no notice to us. We use a saved card only for the purposes checkout states, and we keep a record of the Customer's agreement. Stripe stores the saved card, not us. Stripe's terms and privacy policy apply to the processing of your payment: stripe.com/au/legal.

3.4 Tax invoices. We issue a tax invoice for every purchase, whatever the amount, and email it to you. Each tax invoice shows everything the law requires a tax invoice to show, including: that it is a tax invoice; our name and ABN; the date it is issued; what was bought, its price and the extent to which it is taxable; the GST; and the buyer. For a business purchase, the buyer is shown by the legal name or registered business name given at checkout, and its ABN if one is given (clause 3.5); for anyone else, by the buyer's name. For a price that includes GST, the GST at the current rate of 10% is one eleventh of the price. If we refund a purchase after issuing its tax invoice, we give you an adjustment note where the law requires one. A Company Account may also enter an optional billing address, which we print on the tax invoice and use for nothing else.

3.5 Your business details. When you buy for a business, checkout asks for the business's legal name or registered business name, which is required, and its ABN, which is optional. Where you give us a business name, ABN or billing address, you are responsible for its accuracy. We do not verify it, and printing it on an invoice records only what you told us.

3.6 Pricing errors. If a price on this website is obviously wrong and you could reasonably have recognised it as a mistake, we may cancel the order and refund you in full before the Course, Course Seat or plan is delivered. We will tell you why.

3.7 Invoiced orders. Where we agree to invoice a Customer instead of taking payment at checkout, the contract forms when we send our written acceptance of the order; payment is due within 7 days of the invoice date, or by a different due date if we and the Customer agree one in writing before the invoice is issued; and Enrolment Codes are issued when payment is received. For a WorkProof Current plan, clause 12.2 applies instead of this clause 3.7.

4. Your Account, Acceptable Use and Our Content

4.1 Your account. A Learner account is for one person. You must keep your login details private, not let anyone else use your account, and tell us promptly at contact@workproof.com.au, or through the contact form on this website, if you think it has been used without your permission. You are responsible for what is done under your account until you tell us.

4.2 Your own work, and when a certificate is withdrawn.

(a) Your own work. Assessments must be completed by the Learner in whose name the account is held, without help from another person and without using another person's answers. A Certificate of Completion is evidence that the named Learner completed the Course and met our assessment requirements.

(b) Withdrawal for a breach. We may withdraw a certificate that was obtained in breach of clause 4.2(a), after giving the Learner a reasonable opportunity to respond.

(c) No withdrawal on a refund. We never withdraw or cancel a Certificate of Completion because a purchase or a WorkProof Current plan is refunded, whatever the reason for the refund and whenever it is made, including a refund under clause 11 or under the 30 Day Money Back Guarantee (clause 12.9).

(d) When we withdraw a certificate under clause 4.2(b), we tell the Learner by email the reason and what they can do next.

(e) Apart from clause 4.2(b), we do not withdraw a Certificate of Completion. Clause 9.3 sets out what the verification page shows.

4.3 Our Content. All Content is owned by us or licensed to us. We give you a personal licence, which you cannot transfer, to use the Content for your own learning (or, for a Customer, for its Learners' learning) while your access continues. You must not copy, download, record, share, publish, resell or create anything from the Content, except for a Certificate of Completion, which you may share freely.

4.4 Suspension and termination for cause. We may suspend or end your access, or a Customer's Company Account, if you or the Customer seriously or repeatedly breach clause 12.7 or this clause 4, or use the website to commit fraud or interfere with its operation. We will tell you what the breach is and, unless it is serious, give you a reasonable opportunity to fix it or to reply, and we consider any reply before we act. You may ask for a review of our decision under clause 7. This clause does not give us a right to end a WorkProof Current plan during a Plan Year the Customer has paid for, for any reason other than a breach of the kind this clause describes.

4.5 Company Accounts and Account Administrators.

(a) Every Company Account has at least one Account Administrator. The first is the person the Customer names at checkout or, for a quoted plan, in the Order Form.

(b) An Account Administrator may add more Account Administrators, and may edit the details of any Account Administrator or remove one, in the Company Account. An Account Administrator cannot change another Account Administrator's login email address.

(c) There is always at least one Account Administrator, except as paragraph (g) says. The last one cannot be removed in the Company Account until another has been added.

(d) The Customer chooses its Account Administrators and is responsible for what they do in its Company Account. What an Account Administrator does there is done for the Customer.

(e) An Account Administrator sees only what our Privacy Policy and Collection Notice says the Customer can see about its Learners. An Account Administrator never sees a Learner's individual assessment answers.

(f) The Customer warrants that each person it makes an Account Administrator has agreed to it and has been told where to read our Privacy Policy and Collection Notice. We email each new Account Administrator to tell them they have been added.

(g) If no Account Administrator can act, for example because the only one has left the Customer or has deleted their account, the Customer may contact us. After we check that the request comes from the Customer, we make a new Account Administrator, or turn automatic renewal off, as the Customer asks.

5. Availability, Events Outside Our Control, and Your Records

5.1 Availability. We aim to keep the website available at all times and to schedule maintenance outside Australian business hours where we can, but we do not promise uninterrupted access. If access is unavailable for more than 48 continuous hours for reasons within our control, a Customer with a WorkProof Current plan may ask us to extend its Plan Year by the length of the outage, and a Course Seat holder may ask us to extend their Access Period by the same. This clause does not limit your rights under the Australian Consumer Law.

5.2 Events outside our control. We are not responsible for a failure or delay in providing a Course, a WorkProof Current plan or the website that is caused by something outside our reasonable control, including: failure of the internet, power or telecommunications; failure or outage of a third party service we rely on, including our hosting, payment and email providers; a cyber attack, denial of service attack or other unauthorised interference that occurs despite the reasonable security steps we take; fire, flood, storm or another natural event; epidemic or pandemic; industrial action; or an act of a government or a court. While such an event continues, the obligations it affects are suspended. We will tell you what has happened and restore service as soon as we reasonably can. If an event stops us providing a WorkProof Current plan for more than 30 continuous days, either the Customer or we may end the plan by notice, and we refund the Plan Fee for the days we did not provide it; a Course Seat's Access Period is extended by the length of the event. This clause does not excuse payment for a period in which the service was provided, and it does not limit your rights under the Australian Consumer Law.

5.3 Security incidents. We take the security steps described in our Privacy Policy and Collection Notice, but no online service can be made completely secure. If a security incident affects your account or your personal information, we will tell you and act as that Policy describes. To the extent the law allows, we are not liable for loss caused by unauthorised access to our systems, or to your account, that occurs despite those reasonable steps, or that results from your login details not being kept secure (clause 4.1).

5.4 Your certificates and records. We keep backups of completion records and certificates and retain them for the periods in our Privacy Policy and Collection Notice. If a Certificate of Completion or a completion record is lost, corrupted or made unavailable by an event in clause 5.2, a security incident or a fault in our systems, we will restore it from our records, or reissue the certificate with the same verification identifier, at no charge once you contact us. A certificate is yours to keep and share, so we recommend you download a copy when it is issued.

6. Liability, Warranties and Course Limitations

6.1 Training that is not accredited. Our Courses are not nationally recognised training and do not lead to a qualification under the Australian Qualifications Framework. A Certificate of Completion is evidence that you completed the Course content and met our assessment requirements. It is not an accredited credential.

6.2 Certificate statement. The following statement appears on every Certificate of Completion and forms part of these Terms:

"This is a certificate of completion of a non-accredited professional development course. It is not a nationally recognised qualification, a VET statement of attainment, a competency card, a licence, or evidence of competency. It is issued by Creative Directions Management Consulting Pty Ltd, which is not a Registered Training Organisation."

6.3 Course content: what we promise and what we do not. Our Courses cover many subjects, for example work health and safety, legal and compliance topics, management systems and ISO standards, and corporate and business topics, and we add Courses on new subjects from time to time. This clause applies to every Course, whatever its subject, including any Course we add later. We prepare our Courses with care and review their references to the law, and to any standard they cover, against the versions current when we review them. But laws, standards and practice change, and a Course is general training written for a broad audience. We do not promise that a Course is complete, free of error, current at every moment, or right for your particular organisation, workplace, task or jurisdiction. A Course is not legal, safety, management system, certification, financial, tax or other professional advice for your situation, and it is not a substitute for the training, licensing, supervision, risk assessment, safe systems of work or professional advice that your organisation, your workplace or a regulator requires. Completing a Course about a standard does not mean that a person or an organisation meets that standard, or that it is or will be certified to it. If you rely on Course content for a decision that matters, check it against the current law or standard and take advice on your own circumstances. To the extent the law allows, we are not liable for loss arising from reliance on the content of a Course. Nothing in this clause excludes the consumer guarantees in clause 6.5.

6.4 Your responsibility. You are responsible for: (a) deciding whether a Course suits your learning needs or workplace requirements; (b) deciding whether completing a Course satisfies any requirement placed on you by your employer, a regulator or a client; (c) applying what you learn safely and in accordance with the law and your workplace's procedures.

6.5 Consumer guarantees. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot be excluded, including the guarantees that services will be provided with due care and skill and will be reasonably fit for any purpose you make known to us.

6.6 Limitation of liability. To the fullest extent the law allows: (a) we exclude all implied warranties other than those that cannot be excluded under the Australian Consumer Law; (b) where the law allows us to limit our liability for breach of a consumer guarantee, our liability is limited, at our option, to supplying the Course or WorkProof Current plan again or paying the cost of doing so; (c) we are not liable for indirect or consequential loss, including loss of income, business or employment opportunity, arising from your use of, or reliance on, a Course; (d) our total liability to you for all claims connected with a Course or WorkProof Current plan is limited to the amount you paid for it in the 12 months before the claim arose. Nothing in this clause limits liability that cannot be limited by law, including for death or personal injury caused by our negligence.

7. Complaints, Disputes and Governing Law

7.1 Complaints. If you have a complaint about a Course, a WorkProof Current plan or our service: (a) email contact@workproof.com.au, or use the contact form on this website, with the details; (b) we will acknowledge your complaint as soon as reasonably practicable; (c) we will investigate your complaint and respond as soon as reasonably practicable, and tell you if we need more time and when you can expect our response.

7.2 If we cannot resolve it. If our response does not resolve your complaint: (a) you may ask, in your reply, for it to be escalated for review; (b) for consumer law matters you may contact NSW Fair Trading (fairtrading.nsw.gov.au, 13 32 20) or the consumer protection agency in your own state or territory.

7.3 Governing law. These Terms are governed by the laws of New South Wales, Australia. You and we submit to the jurisdiction of the courts of New South Wales, which is not exclusive.

8. Changes to These Terms

8.1 Changes apply from the date published. They do not alter a contract already on foot, except as clause 8.4 provides for a WorkProof Current plan.

8.2 We may change these Terms from time to time. A change applies to purchases made on or after the day the changed Terms are published on this website, and we show the version number and effective date at the top.

8.3 A change does not alter the terms of a Course Seat you have already bought.

8.4 For a WorkProof Current plan, a change to these Terms does not apply during a Plan Year the Customer has already paid for. It applies from the next Plan Year only if the renewal notice (clause 12.5(d)) tells the Customer about it, at least 30 days before the current Plan Year ends. The Customer may then turn automatic renewal off (clause 12.5(c)). A change to these Terms never reduces a Learner's rights in a Certificate of Completion already issued.

8.5 We will not reduce your rights under the Australian Consumer Law by changing these Terms.

9. General

9.1 Notices to you. We send order confirmations, tax invoices, adjustment notes, Enrolment Codes, access reminders, renewal notices and reminders, Order Forms for quotes, and other notices to the email address you or your Company Account gave at checkout or in the Company Account. You are responsible for keeping that address current and checking it.

9.2 Notices to us. Email contact@workproof.com.au, or use the contact form on this website. We answer in writing and keep a record of every complaint.

9.3 Certificate verification. Anyone may verify a Certificate of Completion by entering its verification identifier at https://workproof.com.au/verify. The result shows the Learner's name, the Course title, the completion date, the certificate identifier and the certificate's status. It does not show the assessment score and does not name the Learner's employer or the Customer. A certificate is never shown as expired, and a refund never changes its status. Nothing done later changes the completion date on a certificate already issued. The status is one of these:

(a) Current. We have not withdrawn the certificate. "Current" means only that. It does not mean that the Course content is up to date with the law on the day of the check (clause 6.3), that the Learner is competent, or that anyone holds a WorkProof Current plan, and it does not change when a plan starts, ends or is refunded or a Named Worker comes off a Customer's plan.

(b) Withdrawn. We withdrew the certificate under clause 4.2(b).

9.4 If part of these Terms is void. If any part of these Terms is void or unenforceable, including under the unfair contract terms provisions of the Australian Consumer Law, that part is severed and the rest continues to apply.

9.5 Assignment. You may not transfer your rights under these Terms to anyone else. We may transfer ours only to a business that takes over this website and takes on all our obligations to you, and we will tell you if we do. If we transfer a WorkProof Current plan, the Customer may end the plan within 30 days after our notice, and we refund the Plan Fee for the days left in the Plan Year.

9.6 Whole agreement. These Terms, the order confirmation and the pricing shown at checkout are the whole agreement between you and us for your purchase. For an invoiced order under clause 3.7, the whole agreement is these Terms, our written acceptance and the tax invoice. For a WorkProof Current plan, it is these Terms and the Order Form and, for a later Plan Year, the renewal notice.

9.7 Privacy. Our Privacy Policy and Collection Notice explains how we handle personal information, including a Named Worker's or other Learner's details given to us by a Customer.

9.8 Language. These Terms are written in English. If we provide a translation of these Terms, a Course or a certificate, the English version prevails where there is any difference.

9.9 Clauses that continue. Clauses 4.2, 4.3, 5.4, 6, 7, 9, 12.10 and 12.11 continue to apply after your access or a WorkProof Current plan ends.

Clauses 10 and 11 apply to Courses bought one at a time, to Course packs and to Course Seats, including Team Licences. They do not apply to a WorkProof Current plan, which is in Part C.

10. Course Seats: Access Period and Licence

10.1 Access Period. Your Access Period for a Course is six months from the day of course start. For an individual purchase, course start is the day of purchase. For a Course Seat activated with an Enrolment Code, course start is the day of activation. We send a reminder 30 days before the Access Period ends.

10.2 When the Access Period ends. After the Access Period ends, your access to the Course materials and assessments continues until we end it, and we may end it at any time. Whether or not we do: (a) any Certificate of Completion you earned remains valid, does not expire, and stays available through your account. It can be withdrawn only under clause 4.2(b), and never because a purchase is refunded (clause 4.2(c)); (b) your completion record stays on file for verification; and (c) you may buy the Course again as clause 10.3 says, for example to refresh your knowledge.

10.3 Buying a Course again. Once you have completed a Course, you may buy it again. If we have ended your access to a Course you had not completed, you may also buy it again. While you still have access to a Course you have not completed, checkout does not let you buy it again, because you do not need to. Each repeat purchase is your choice, is made on the terms current at the time, and gives you a new Access Period from the day of that purchase.

10.4 Team Licences (multiple Course Seats). If a Customer buys a Team Licence, the following also apply:

(a) Enrolment Codes and allocation. The Customer receives one Enrolment Code for each Course Seat and is responsible for giving the codes to its chosen Learners. Each code can be activated once.

(b) Access Period under a Team Licence. Each Learner's six month Access Period begins when they activate their Enrolment Code, not on the day the Customer bought the Team Licence. Unused Enrolment Codes stay valid for at least 24 months from the purchase date.

(c) Certificates belong to the Learner. Certificates of Completion are issued in the Learner's name. The Learner keeps access to their own completion record and certificate through their own account, including after they leave the Customer. The Customer may verify a Learner's completion at any time through our verification system.

(d) Administrators. The Customer's Account Administrators (clause 4.5) manage its Team Licence, including seeing which Course Seats have been activated and who has completed a Course. They cannot see a Learner's individual assessment responses or personal learning data beyond completion status and score.

(e) No resale or transfer. A Team Licence is for the Customer's own use. Course Seats must not be resold, transferred outside the Customer's organisation or commercially exploited.

(f) Billing. For every Team Licence, whatever the amount, checkout asks for the Customer's legal name or registered business name, which we print on the tax invoice, and its ABN, which is optional and printed only if the Customer gives it (clauses 3.4 and 3.5).

11. Refunds for Courses, Course Packs and Course Seats

This clause applies to Courses bought one at a time, to Course packs and to Course Seats, including Team Licences. It does not apply to a WorkProof Current plan, which has its own refund rule in Part C (clause 12.9).

11.1 Seven day refund for a Course you have not started. Apart from your rights under the Australian Consumer Law (clause 11.3), you may request a refund within seven days of purchase if you have not started the Course. You have started a Course once you open any of its lessons, materials or assessments after purchase. For a Course pack, you may request a refund under this clause for any Course in the pack you have not started, and we refund that Course's share of the pack price, worked out in proportion to the prices at which the Courses in the pack are sold one at a time on the day you ask for the refund. If any Course in the pack is not sold one at a time on that day, each Course's share is the pack price divided by the number of Courses in the pack. Email contact@workproof.com.au with your order number, or send us a message through the contact form on this website.

11.2 No refund once a Course has been started. Apart from your rights under the Australian Consumer Law, a refund is not available: (a) once you have started the Course, however little of it you have viewed; (b) more than seven days after purchase; (c) if you have completed the Course or received a Certificate of Completion; or (d) for a second or later purchase of a Course you have already completed. Checkout tells you this before you pay.

11.3 Consumer guarantees are not affected. Nothing in this clause limits your rights under the Australian Consumer Law. If a Course fails to meet a consumer guarantee, for example because it is not provided with due care and skill, or it is not reasonably fit for a purpose you made known to us, you may be entitled to a remedy regardless of the time limits in this clause.

11.4 Team Licence refunds. For a Team Licence, the seven day period runs from the purchase date. A Course Seat whose Enrolment Code has been activated is not eligible for a refund. Unused, unactivated Course Seats may be refunded within the seven day period.

12. WorkProof Current Plan

12.1 What the plan is. A WorkProof Current plan is an optional yearly plan for a Company Account. The Customer may assign any Course the plan includes (clause 12.12) to each Named Worker, and each Named Worker may complete the Courses assigned to them while the Customer's Plan Year is paid. Nobody needs a plan to buy Course Seats, Course packs or a single Course; they stay on sale on these Terms. No credit is given against a Plan Fee for Course Seats or Course packs already bought, and those stay on the Terms under which they were bought.

12.2 How a plan is bought.

(a) Online. A Customer buys a plan for up to 100 Named Workers online. It fills in the Order Form at checkout with its legal name or registered business name, its ABN if it chooses to give it, its billing contact and its first Account Administrator (clause 4.5); chooses its Tier; accepts these Terms, including this Part C; and pays the first Plan Fee plus GST by card.

(b) The contract for the plan forms when that payment succeeds and we send the Customer a confirmation email. The plan starts at once.

(c) We email the tax invoice when the payment succeeds (clause 3.4). The first Plan Fee is paid at checkout: there is no invoice to pay later.

(d) The card used at checkout is saved for the automatic renewal of the plan (clause 12.5), with the Customer's agreement by the tick in clause 3.3. The Customer can turn automatic renewal off in its Company Account at any time (clause 12.5(c)).

(e) By quote. A plan for more than 100 Named Workers is sold only by quote, and any Customer may ask us for a quote, whatever its size, through the contact form on this website or by email. A quote for 100 Named Workers or fewer is for one of the Tiers in clause 2. When we give a quote, we email the Customer an Order Form with it. The Order Form states the Tier, the Plan Fee, how the Customer accepts it, when the Plan Fee is due, and how the plan renews. The contract forms when the Customer accepts the Order Form in the way it states. We then send the tax invoice, and the Customer pays it by the due date in the Order Form. The plan starts on the day we receive the first Plan Fee. If the first Plan Fee is not received by the due date, we may cancel the order by email, and no plan starts. Unless its Order Form says otherwise, a quoted plan renews this way: at least 30 days before its Plan Year ends, we send the Customer a renewal notice with our tax invoice for the next Plan Year, stating the Plan Fee, the GST and the total, the due date, any change under clause 12.4(d) or clause 8.4, and that there is no grace period; and the plan renews when that invoice is paid by the last day of the Plan Year. Clauses 12.5(g) and 12.5(i) apply to a quoted plan, and the other paragraphs of clause 12.5 apply only if its Order Form says so. The rest of this Part C applies.

(f) Automatic charges. For a plan bought online, we charge the saved card automatically for each renewal under clause 12.5, including the further tries in clause 12.5(f), unless the Customer has turned automatic renewal off. We make no automatic charge for a plan other than under clause 12.5. A charge the Customer starts itself, for example by updating its card under clause 12.5(f), is not an automatic charge.

12.3 The Order Form and these Terms. A plan is governed by the Order Form, this Part C and the rest of these Terms. The Order Form sets the Customer's Tier, its Plan Fee, any discount and the plan's dates and, for a quoted plan, how it is accepted, paid and renewed; on those points the Order Form applies if it differs from these Terms. On every other point these Terms apply. An Order Form can never reduce a Learner's rights under clauses 4.2, 9.3 and 12.11, or any right under the Australian Consumer Law.

12.4 Tiers, Plan Fees and the first 100 companies.

(a) The Order Form states the Customer's Tier, its Standard Plan Fee, any discount, and the Plan Fee payable. Plan Fees exclude GST (clause 3.1(b)).

(b) 25% off for the first 100 companies. The first 100 Customers to pay a first Plan Fee for a Micro, Crew, Site, Company or Enterprise plan, counted under clause 12.4(c), receive a fixed discount equal to 25% of the Standard Plan Fee of the Tier they first chose, fixed as a dollar amount. The Customer keeps that fixed amount each Plan Year it renews on the same Tier or a bigger Tier, and, for an Enterprise Customer that grows past 100 Named Workers, off its quoted Plan Fee. The Customer loses it for good: (i) from the renewal date on which a smaller Tier it chose starts (clause 12.6(d)); (ii) if its plan ends at the end of a Plan Year without being renewed, including because automatic renewal was off, the renewal charge failed, or the renewal charge was refunded under clause 12.5(h); or (iii) if its plan is ended under clause 4.4. A later plan is then at the Standard Plan Fee. The Customer does not lose it if its plan ends under clause 5.2 (an event outside our control) or because we chose not to renew it (clause 12.5(i)); if it takes a plan again, it keeps the fixed amount. Clause 12.5(j) also protects it. A Customer whose first plan is a quoted plan for more than 100 Named Workers does not receive it.

(c) Who counts as one of the first 100. The first 100 Customers are counted in the order in which their first Plan Fee is paid, at the moment the payment succeeds or, for a quoted plan, the moment we receive it. For a quoted plan, if the last of the 100 is taken before we receive its first Plan Fee, we tell the Customer before it pays, and it may pay the Standard Plan Fee or cancel the order. No Customer is told its position, and no position is printed on any document. While fewer than 100 have paid, checkout shows the discount. If the last of the 100 is taken before a Customer's payment goes through, checkout tells the Customer before any payment is taken and shows the Standard Plan Fee, which the Customer may choose to pay. If a first Plan Fee is refunded under clause 12.9, that Customer is not counted, and the next Customer to pay a first Plan Fee takes its position. When a Customer loses the discount under clause 12.4(b), its position does not pass to anyone else.

(d) Standard Plan Fees. We do not raise a Plan Fee during a Plan Year the Customer has paid for. A Standard Plan Fee may change only from the start of a new Plan Year, and only if the renewal notice, sent at least 30 days before the Plan Year ends (clause 12.5(d)), states the new amount. The same applies to the Plan Fee of a quoted plan. A renewing Customer pays the Standard Plan Fee of its Tier current at renewal, less its fixed discount if it keeps one.

(e) The fixed discount applies to the Plan Fee only. It does not apply to a payment to move up under clause 12.6, or to Course Seats, Course packs or single Courses, and it does not combine with any other discount or coupon.

12.5 Plan Year and automatic renewal.

This clause 12.5 applies to a plan bought online. For a quoted plan, clause 12.2(e) says which paragraphs apply. The table shows what happens in each Plan Year, by day number, for a Plan Year of 365 days. The paragraphs after it set out the rules.

A Plan Year that includes 29 February has 366 days. In that Plan Year each day in the table from day 335 onwards is one day later: the notice is sent on day 336, the charge is made on day 359, the reminders fall on days 363 and 366, the last day is day 366, and an unpaid plan is cancelled on day 367.

(a) The first Plan Year starts on the day we receive the Customer's first Plan Fee and lasts 12 months. Each later Plan Year starts on the day after the one before ends. A Plan Year that includes 29 February has 366 days. If a Plan Year is extended under clause 5.1 or paragraph (j), the renewal date and every date in this clause 12.5 that is counted from the end of the Plan Year move by the same number of days, and we send a new renewal notice if the day of the charge changes.

(b) Automatic renewal. A plan renews automatically for the next Plan Year, and the Customer does not need to accept the renewal. Automatic renewal is on from the first purchase, and the card used at checkout is saved for it (clause 12.2(d)). Before the Customer pays at checkout, checkout shows it, next to the payment button: that the plan is a subscription contract that renews automatically each year; the renewal price at today's Standard Plan Fee, less any fixed discount, plus GST, and that this price can change as clause 12.4(d) says; that a fixed discount ends as clause 12.4(b) says; that each Plan Year lasts 12 months; that we charge the saved card 7 days before each Plan Year ends and, if that charge fails, try it again 3 days before the end and on the last day; that no notice is needed to stop the plan renewing; how to turn automatic renewal off; and that while automatic renewal is off, the plan ends at the end of the Plan Year. The Customer agrees by the tick in clause 3.3.

(c) Turning automatic renewal off. The Customer's Account Administrator may turn automatic renewal off, and on again, at any time in the Company Account, and may change the saved card there. No notice to us is needed. While automatic renewal is off we do not charge the card, and the plan ends at the end of the last day of the Plan Year unless, before then, the Customer turns automatic renewal back on with a valid card saved (paragraph (f)).

(d) Renewal notice, 30 days before. At least 30 days before a Plan Year ends (day 335), we email the Customer a renewal notice and show it in the Company Account. The notice states: the Plan Fee for the next Plan Year, the GST and the total; the day we will charge the card; the card we will charge, by its last four digits; whether automatic renewal is on and how to turn it off; any change to the Standard Plan Fee or, for a quoted plan, to its Plan Fee (clause 12.4(d)), or to these Terms (clause 8.4); and that there is no grace period. If no card is saved, or the saved card has expired or will expire before the charge, the notice says so and tells the Customer how to update its card. If automatic renewal is off, the notice says that we will not charge the card and that the plan will end at the end of the last day of the Plan Year unless the Customer turns automatic renewal back on.

(e) The renewal charge, 7 days before. 7 days before the Plan Year ends (day 358), we charge the saved card the renewal Plan Fee plus GST, unless automatic renewal is off. On that day we email the Customer either the tax invoice for the renewal or, if the charge failed or automatic renewal is off, a notice that the plan has not been renewed, why, what to do if the Customer wants it to continue, and that while automatic renewal is off we do not charge. If the Customer chooses a smaller Tier, or moves to a bigger Tier, after the renewal charge and before the renewal date, the next Plan Year is at the new Tier, and on the renewal date we refund, or charge, the difference between the two renewal Plan Fees. If the Customer changes Tier after the renewal notice and before the renewal charge, we charge the renewal Plan Fee of the Tier that applies from the renewal date, and we tell the Customer the new amount when it makes the change. A payment to move up under clause 12.6(b) is separate: it pays for the rest of the current Plan Year, while the renewal charge and any difference under this paragraph are for the next Plan Year.

(f) If the renewal is not paid. If the charge fails, or automatic renewal is off, we remind the Customer again 3 days before the Plan Year ends (day 362) and on its last day (day 365). If the charge failed, we also try the saved card again on each of those two days, and email the Customer each time to say whether it worked. Each reminder says whether the charge failed, the card is missing or has expired, or automatic renewal is off; what to do to keep the plan; and that while automatic renewal is off we do not charge. From the day of the renewal charge until the end of the last day of the Plan Year, if the renewal has not been paid, as soon as the Customer enters a valid card or turns automatic renewal back on, we charge the card at once, because the Customer has asked us to, and the plan renews.

(g) No grace period. There is no grace period. If the renewal Plan Fee has not been paid by the end of the last day of the Plan Year (day 365), the plan ends at that moment and is cancelled on the next day (day 366). From day 366 Named Workers can no longer use the plan, the fixed discount is lost (clause 12.4(b)), and nothing more is payable. To continue, the Customer must buy a plan again, as a new purchase at the Standard Plan Fee or, for more than 100 Named Workers, at a new quote. Only the plan is cancelled: the Company Account stays, and the Customer's right to a copy of its Training Register under clause 12.10(b) is not affected. This paragraph does not apply where paragraph (j) applies.

(h) Choosing not to renew after the charge. If the Customer turns automatic renewal off after we have charged the renewal Plan Fee, on any day up to and including the last day of the Plan Year (days 358 to 365), we refund that renewal charge in full and the plan ends at the end of the Plan Year. Once the next Plan Year has started, the renewal Plan Fee is not refunded under this paragraph; the 30 Day Money Back Guarantee applies only to the first Plan Year (clause 12.9), and the Customer's rights under the Australian Consumer Law are not affected (clause 12.13).

(i) Our choice not to renew. We may choose not to renew a plan, for example because we stop offering WorkProof Current plans. We then tell the Customer by email at least 30 days before the Plan Year ends, and we do not charge the renewal. The plan continues to the end of the Plan Year the Customer has paid for. If the Customer has paid anything for time after the plan ends, including a renewal charge, we refund it in full.

(j) If we are late. If, for a reason on our side, we do not take a step in this clause 12.5 when this clause says, the plan does not end and the fixed discount is not lost because of our delay. The steps are: sending the renewal notice, a notice under paragraph (e) or a reminder; and, while automatic renewal is on and a valid card is saved, making the renewal charge, trying the card again under paragraph (f), or charging the card at once under paragraph (f). We extend the Plan Year by the days needed to give the Customer, after the missed step, the full time this clause would have given it; we then take the missed step, including any charge then due, and tell the Customer the new dates. Named Workers keep their access while the Plan Year is extended, and nothing is charged for the extra days.

12.6 Changing Tier.

(a) A Customer may move to a bigger Tier at any time, for example when it needs to name more workers than its Tier allows. It asks us through the contact form on this website or by email.

(b) To move up, the Customer pays the difference between the Standard Plan Fees of the new and old Tiers, multiplied by the number of days left in the Plan Year (counting the day we receive the payment) and divided by the number of days in that Plan Year, rounded down to the cent, plus GST. We tell the Customer the amount and send a tax invoice for it.

(c) The bigger Tier starts when we receive that payment, and the renewal date does not change. If the payment is not made, the bigger Tier does not start and nothing else changes.

(d) Moving to a smaller Tier. A Customer may choose a smaller Tier at any time during a Plan Year, by asking us through the contact form on this website or by email. The smaller Tier starts on the next renewal date, at that Tier's Standard Plan Fee; until then the plan stays on its current Tier, and no part of a Plan Fee is refunded, except as clause 12.5(e) says for a choice made after the renewal charge. When the Customer makes that choice, we tell it that the smaller Tier starts on its renewal date and that any fixed discount it holds (clause 12.4(b)) ends on that date. If more Named Workers are on the plan than the smaller Tier allows, the Customer chooses, before the renewal date, which of them stay on the plan.

12.7 Named Workers.

(a) The Customer names a worker by giving us, or entering in its Company Account, the worker's name and email address. The Customer's Tier sets the most Named Workers on its plan at any one time, and each named place is used for one worker for the whole Plan Year, except as clause 12.8(c) says. A named place is in use from the day the Customer names the worker. If the worker does not accept our invitation within 14 days, the invitation lapses and the place is free again.

(b) The Customer warrants that each person it names has agreed to be named and to have their name and email address given to us, and that it has told them where to read our Privacy Policy and Collection Notice.

(c) We email the person an invitation. Before a Named Worker starts their first Course under the plan, we show them the plan notice in our Privacy Policy and Collection Notice and ask them to confirm they have read it.

(d) A Named Worker uses their own Learner account, created with their own email address. The account belongs to the Named Worker, not the Customer. Access under the plan is personal to the Named Worker and must not be shared.

(e) Assigning Courses. The Customer chooses which Courses each Named Worker is to complete by assigning them in its Company Account. It may assign any Course the plan includes (clause 12.12), with no limit for each worker, and may add or remove an assignment at any time in a paid Plan Year. The Plan Fee depends only on the Tier, not on how many Courses are assigned. A Named Worker may open and complete under the plan only the Courses assigned to them, and cannot enrol under the plan in a Course that is not assigned to them. Assignments carry into the next Plan Year when the plan renews, until the Customer removes them.

(f) The Customer's choice. The Customer is responsible for deciding which Courses each Named Worker needs, including to meet any duty it has under work health and safety law or to a client. We do not advise on that choice, and assigning a Course does not mean we have assessed that it suits the worker or the work (clause 6.4).

(g) Removing an assignment. When the Customer removes a Course from a Named Worker, that worker's access to that Course under the plan ends at once. Their progress stays in their own account and continues if the Customer assigns the Course to them again while the plan is paid. While the Course is not assigned to them, the worker cannot continue it under the plan. The worker may buy the Course on these Terms and continue the rest of it from where they stopped. A Certificate of Completion already issued is not affected and can be withdrawn only under clause 4.2(b). Removing an assignment does not free the worker's named place.

12.8 Removing a Named Worker, and workers who leave.

(a) Only the Customer decides that a Named Worker comes off its plan: because the worker has left its organisation or, in the 30 days in paragraph (c), for any reason. The Customer does it itself, by ticking the box in its Company Account and then confirming. We do not accept this by email or in any other way. Before the Customer confirms, the screen tells it plainly, above the box, that this ends the worker's access under the plan now; that it cannot be undone in that Plan Year; whether the place is free at once (paragraph (c)) or stays empty until the next renewal date; and that to add someone sooner it can ask us to move it to a bigger Tier. We do not check it. By confirming, the Customer confirms that it is authorised to do so and, for a worker who has left, that the worker has left.

(b) The worker's access under the plan ends when the Customer confirms. The worker's own account is not closed, and the worker keeps every Certificate of Completion already earned (clause 12.11).

(c) Places after each renewal. Once a renewal is paid, for 30 days starting on the renewal date the Customer may take any Named Worker off the plan under paragraph (a), and the place is free at once: the Customer may name another worker in it at once, or leave it free and name someone later in that Plan Year. At any other time, a place freed under paragraph (a) stays empty until the next renewal date. On each renewal date, every Named Worker the Customer has not taken off stays on the plan with their assignments, and the Customer may name a new worker in each freed place, always within the most Named Workers its Tier allows at any one time. A new worker starts from the beginning each Course the Customer assigns to them. A Customer that needs a worker sooner may ask us to move it to a bigger Tier (clause 12.6).

(d) A Course the worker started but did not finish stays in the worker's own account. The worker may finish it by buying that Course on these Terms.

(e) Once confirmed, taking a worker off the plan cannot be undone in that Plan Year, even if it was done by mistake. To add a worker sooner, the Customer may ask us to move it to a bigger Tier (clause 12.6) or, in the 30 days in paragraph (c), name a worker in the freed place.

(f) The Training Register keeps the record of plan Courses the worker completed before the Customer confirmed. From that moment the Customer cannot see anything the worker does later in their own account.

12.9 30 Day Money Back Guarantee. This is the plan's own refund rule.

(a) If the plan is not right for the Customer's team, the Customer may email contact@workproof.com.au, or send a message through the contact form on this website, within 30 days after the day we receive its first Plan Fee (up to and including day 31 of the first Plan Year), and we refund in full everything it has paid for the plan in that time, including any payment to move up. This applies even if Named Workers have started or finished Courses. It applies to the Customer's first Plan Year only, and once for each company.

(b) If we refund under clause 12.9(a): (i) the plan ends on the day we confirm the refund, and every Named Worker's access under the plan ends; (ii) no Certificate of Completion is withdrawn or cancelled (clause 4.2(c)). Each Named Worker keeps, in their own account, every certificate they completed under the plan; (iii) from that day the Customer no longer has access, in its Company Account, to the Training Register, to its Named Workers' names or to their certificates; (iv) every Course assigned to a Named Worker under the plan that the worker has not completed, whether they started it or not, is blocked. The worker may buy it on these Terms; for a Course they started, their progress stays in their own account and they continue from where they stopped; and (v) if the Customer was counted among the first 100 companies, its position goes to the next Customer to pay a first Plan Fee (clause 12.4(c)).

(c) Clause 12.9(b)(iii) applies only to a refund under clause 12.9(a). It does not apply to a refund or other remedy under the Australian Consumer Law, under clause 5.2, under clause 12.5(h) or 12.5(i), or under any other law.

(d) Clause 11 does not apply to a plan. This clause 12.9 does not apply to Course Seats, Team Licences, Course packs or single Courses, which keep the refund rules in clause 11.

(e) This guarantee is in addition to the Customer's rights under the Australian Consumer Law and does not limit them (clause 12.13).

12.10 When a plan ends.

(a) When a plan ends for any reason (for example, it is not renewed, it is refunded under clause 12.9, we choose not to renew it under clause 12.5(i), or it is ended under clause 4.4 or 5.2), Named Workers can no longer use the plan to access Courses. Every Certificate of Completion already issued stays valid, stays in the worker's own account, and stays verifiable for the period in our Privacy Policy and Collection Notice.

(b) The Training Register after a plan ends. For 12 months after a plan ends, we email the Customer a copy of its Training Register whenever its Account Administrator asks us, through the contact form on this website or by email. A plan ends: if it is not renewed, at the end of the last day of the Plan Year (clause 12.5(g)); if it is refunded under clause 12.9, on the day we confirm the refund; otherwise, on the day it is ended under these Terms. After those 12 months, we send the Customer a copy on request for as long as we still hold the records. None of this paragraph applies to a plan refunded under clause 12.9(a): the Customer then has no access to the Training Register and we do not send it a copy (clause 12.9(b)(iii)), and each Named Worker keeps, in their own account, the certificates for the Courses they completed.

(c) We recommend the Customer keeps its own copy of its Training Register before its plan ends.

12.11 Certificates earned through a plan. A Certificate of Completion issued for a Course a Named Worker completed under a plan belongs to that Learner. It stays valid, verifiable and available in the Learner's own account after the Learner leaves the Customer or comes off its plan, after the plan ends, and after the plan is refunded. Nothing done under a plan changes the completion date on a certificate. The only way such a certificate can be withdrawn is clause 4.2(b), the Learner's own breach.

12.12 Courses included, and changes to Courses.

(a) The Customer may assign under the plan every Course we publish on this website during each paid Plan Year, including Courses we add after the plan starts, at no extra charge. A Course we add is not assigned to anyone until the Customer assigns it.

(b) We may update a Course at any time, for example to keep it in line with the law. An update never takes away a completion or a certificate already earned. We may withdraw a Course only by emailing the Customer at least 60 days before the day we withdraw it, giving that day. Until that day the Course stays on this website and can still be assigned and completed under a paid plan.

(c) We will not reduce the number of Courses on this website during a Plan Year below the number there on the day that Plan Year started.

12.13 Rights that cannot be excluded. Nothing in this clause 12 excludes, restricts or modifies any right or remedy the Customer or a Learner has under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

© 2026 WorkProof. All rights reserved.