Terms & Condition

1. Definitions and Interpretation

1.1 Definitions

• RTOPilot: The cloud-based student management system and associated services provided by XMB Technology Pty Ltd.
• RTO: A Registered Training Organisation that has agreed to these Terms and is authorised to use RTOPilot.
• Successful Enrolment: A student enrolment where the student has (i) made payment, (ii) attended or participated in training, and (iii) received a final grade or completion status.
• Booking Fee: The fee charged by RTOPilot for each Successful Enrolment, as outlined in the current pricing schedule.
• Platform Data: Data generated within RTOPilot during normal use.
• RTO Data: Any data entered, uploaded, or generated by the RTO or its authorised users.
• Student Data: Personal, educational, or other information relating to enrolled students.

1.2 Interpretation

• Headings are for convenience only.
• The singular includes the plural and vice versa.
• "Including" is not limiting.
• References to a "person" include companies and legal entities.
• Defined terms apply to all grammatical forms.

2. Service Description and Access

2.1 RTOPilot grants the RTO a non-exclusive, non-transferable, revocable licence to access and use the platform under these Terms.
2.2 RTOPilot may update or enhance the platform; material changes will be communicated in advance.
2.3 RTOPilot support staff may access your account for support purposes, subject to our [Privacy Policy] and internal protocols.
2.4 Access is managed through user accounts with permission levels. The RTO is responsible for:

• Keeping login credentials secure
• All activities under its accounts
• Ensuring users comply with these Terms

3. Data Management and Privacy

3.1 Storage and Security

• Data is stored within Australia with industry-standard security measures.
• Backup schedule:
  • Daily backups (retained 3 months)
  • Weekly backups (3–12 months)
  • Monthly backups (beyond 12 months)

3.2 Data Ownership

• The RTO retains ownership of all RTO Data.
• RTOPilot is licensed to use the data to deliver services.
• Students may access their Student Data via the portal in line with privacy laws.

3.3 Retention and Termination

• Upon termination, the RTO has 6 months ("Grace Period") to export its data.
• After the Grace Period:
  • RTO data is archived and deleted
  • Required Student Data is retained for compliance
  • Completion and AVETMISS records are preserved as legally required

4. Commercial Terms

4.1 Booking Fees and Payment

• The RTO agrees to pay Booking Fees for each Successful Enrolment.
• Payment methods:
  • Public enrolments: fees are deducted via Stripe Connect
  • Corporate bookings: fees are invoiced with 30-day payment terms
• Booking Fee changes require 7 days’ notice.

4.2 Refunds

• Booking Fees are refundable only if:
  • The enrolment is cancelled prior to completion
  • RTOPilot exercises discretion for valid reasons
• No refund applies for Successful Enrolments, even if student fees are refunded.

5. Platform Availability and Support

5.1 Availability

RTOPilot aims for high availability, subject to:

• Scheduled maintenance (minimum 3 days’ notice)
• Emergency maintenance
• External factors beyond our control

5.2 Support

Support is provided via:

• Email
• Chat
• Phone (for paying customers)

Critical issues will be addressed within 24 hours where possible.

6. Integration and Third-Party Services

6.1 RTOPilot offers integrations (e.g. LMS) on an “as-is” basis.
6.2 The RTO acknowledges:

• RTOPilot doesn’t guarantee accuracy of third-party integrations
• RTOPilot isn’t responsible for setup or operation of third-party tools
• The RTO must verify data accuracy

7. Compliance and Responsibilities

7.1 RTO Obligations

The RTO agrees to:

• Comply with relevant laws (e.g. Standards for RTOs 2015)
• Enter accurate data into the platform
• Verify AVETMISS submissions
• Obtain and store marketing consent per privacy law

7.2 RTOPilot Obligations

RTOPilot shall:

• Maintain security and availability
• Protect data
• Provide tools to assist compliance
• Retain system backups

8. Liability and Indemnification

8.1 Limitation of Liability

RTOPilot’s total liability is capped at the total Booking Fees paid in the 12 months prior to the claim.
We are not liable for:

• Indirect, special, or consequential damages
• Loss of data, profits, or goodwill
• Issues caused by third-party integrations
• Force majeure events

8.2 Indemnification

The RTO indemnifies RTOPilot for claims arising from:

• Breach of these Terms
• Platform misuse
• Violation of third-party rights
• Legal non-compliance

9. Term and Termination

9.1 These Terms commence upon acceptance and remain in effect until terminated.
9.2 Either party may terminate:

• With 30 days’ written notice
• Immediately upon material breach
  9.3 Upon termination:
• Access is revoked
• Any outstanding fees become payable
• Data is handled per Section 3.3

10. Changes to Terms

10.1 RTOPilot may update these Terms.
10.2 Changes will be:

• Notified by email and via the platform
• Effective 7 days after notice
• Binding if you continue using the platform
  10.3 If you disagree, you must stop using the platform before the effective date.

11. General Provisions

11.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia. Disputes are subject to the courts of NSW.

11.2 Entire Agreement

These Terms represent the full agreement between RTOPilot and the RTO.

11.3 Severability

If any provision is unenforceable, the remainder of the Terms remain valid.

11.4 Assignment

• The RTO must not assign rights without written consent.
• RTOPilot may assign its rights with notice.

12. Contact Information

For questions regarding these Terms, contact:
XMB Technology Pty Ltd
Email: support@xmb.com.au

The RTO is responsible for keeping contact details up to date and notifying RTOPilot of any changes.

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