Terms of Service

1. Who these Terms are between

These Terms of Service ("these Terms") are between:

• the Customer ("you"), the organisation that creates and operates a workspace on RTEO or orders an RTEO product, together with every person who accesses RTEO under that workspace; and
• ROCKHAWK PTY LTD (ABN 17 673 537 123) trading as RTEO ("we", "us"), the provider of the RTEO platform.

Where an individual creates a workspace on behalf of an organisation, that individual confirms they are authorised to accept these Terms for that organisation, and "the Customer" means the organisation.

"End User" means a person who is not you and not RTEO, and who deals with you through the platform or through something the platform produced: a student, an enrolling person, an enquirer, a reviewer you invite, or a visitor to a website you publish.

2. Acceptance of these Terms

By creating a workspace, accessing RTEO, or continuing to use RTEO, you accept these Terms. If you do not accept them, do not use the service.

There is no separate signature or acceptance step for these Terms. Use of the service is the acceptance. This includes use by any person you invite into your workspace: it is your responsibility to make sure the people you invite are aware of these Terms, and their use of the workspace binds you. Signing or accepting an order that refers to these Terms also accepts them.

Where these Terms change and the change has taken effect under clause 4, continued use of RTEO after that date is acceptance of the changed Terms.

3. The documents that make up this agreement

These documents apply to your use of RTEO, and each is incorporated into these Terms:

• RTEO's Data Processing Agreement ("the DPA"), which governs how RTEO processes personal information on your behalf, including where that processing happens and which AI models may receive it;
• RTEO's Acceptable Use Policy ("the AUP"), which sets out what the platform may and may not be used for;
• the Product Schedule for each product you take up; and
• your orders.

Accepting these Terms is accepting the DPA and the AUP. There is no separate acceptance step for either.

3.1 One set of Terms for every product. These Terms apply to every product RTEO supplies through the RTEO platform. Each product also has a Product Schedule, which sets out the terms specific to that product: what it includes, how its fees work, and what each of us does. The current Product Schedules are:

• Schedule A: Online Enrolments;
• Schedule B: RTEO Connected Managed Service; and
• Schedule C: Google Ads Management.

The Product Schedule for a product you take up forms part of your agreement with RTEO, and applies to that product only. When RTEO offers a new product, it publishes a Product Schedule for it. A new Product Schedule does not change the terms of a product you already have.

3.2 Your order. Your order records which products you have taken up, and so which Product Schedules apply to you, and sets the fees. An order is either:

• a proposal, quote or order form that you and RTEO have both signed or accepted in writing; or
• the plan you choose when you sign up or subscribe in the application.

3.3 Order of precedence. Where two of these documents address the same subject and cannot be read together, they apply in this order, with the earlier prevailing over the later to the extent of the inconsistency:

1. the DPA, but only to the extent the inconsistency concerns the processing of personal information;
2. your order, for the items it specifically deals with, such as the products, the fees, the minimum term and the start date;
3. the Product Schedule for the product concerned;
4. these Terms;
5. the AUP;
6. any other document RTEO publishes about the platform, including documentation, support material and marketing material.

Beyond the items it specifically deals with, an order changes a provision of these Terms or of a Product Schedule only where it expressly says it overrides that named provision and RTEO has signed or accepted it in writing. A purchase order, vendor portal terms, or other document you issue does not vary these Terms, whatever it says, unless RTEO signs it.

3.4 Your AI processing mode. You choose an AI processing mode for each workspace under clause 5 of the DPA. That choice is yours to make and yours to change, and it is a material part of what you are agreeing to here. Choosing Australia only disables some platform capabilities for private-class data, which the DPA describes.

4. Changes to these Terms

RTEO may change these Terms.

4.1 Material changes. A material change, for example a change to the fees, to the scope of the licence in clause 5, to the indemnities in clause 14, to the limitation of liability in clause 15, or to how we may use your content, will be notified to you at least 28 days before it takes effect, or at least 30 days before for a change to the fees (clause 11). Notice will be given by email to your workspace's registered contact, or in the application itself, or both.

4.2 Your right not to accept. If you do not accept a material change, you may stop using RTEO and terminate under clause 16 before the change takes effect. That is your remedy: we will not hold you to a changed agreement you did not want, but nor will we keep operating the old one for you alongside the new one.

4.3 Non-material changes. A non-material change, such as a correction, a clarification, or a change that does not reduce your rights or increase your obligations, will be versioned but takes effect without advance notice.

4.4 The Acceptable Use Policy is changed on its own terms. The AUP carries its own version number and effective date and may be updated without the 28 days' notice in clause 4.1, because it protects the platform, other customers and End Users and sometimes has to be tightened quickly. RTEO will tell you about a change to the AUP that would make something you are already doing unacceptable, and give you a reasonable period to stop doing it before treating it as a breach.

4.5 Versioning. These Terms and each Product Schedule carry a version number and an effective date at the top. The version published at a document's address is its current version, and it is in force from its effective date; until then, the previous version stays in force. Earlier versions of these Terms stay available: version 1.

4.6 Product Schedules and signed orders. This clause 4 applies to a change to a Product Schedule in the same way as to a change to these Terms. A change to these Terms or to a Product Schedule does not change the fees or the minimum term that a signed order sets, for the period that order covers.

5. The service, your licence, and custom development

5.1 The service and your licence. RTEO is a hosted software platform. Some products also include services RTEO performs for you, as the Product Schedule for that product describes. For as long as these Terms are in force and any applicable fees are paid, RTEO grants you a non-exclusive, non-transferable, revocable right to access and use the platform for your own business purposes, through the workspaces you create.

5.2 RTEO owns the platform. RTEO owns the platform, including its software, interfaces, and documentation, and all intellectual property in them, including anything RTEO builds under clause 5.6. Nothing in these Terms transfers any of that to you. You may not copy, resell, sublicense, reverse-engineer, or create a competing service from the platform, or permit anyone else to.

5.3 Changes to the platform. RTEO may change how the platform works, including adding, altering, or removing features. Where a change removes a feature you materially rely on, clause 4.1 applies to it as a material change.

5.4 Feature requests. You may ask RTEO to add a feature or to change how the platform works. A feature request is feedback under clause 8.7. RTEO decides whether, when, and how to build any request, and is not obliged to build it.

5.5 Work outside your order is quoted first. Where you ask for work that your order does not include, RTEO will either tell you it will not do the work, or give you a written quote before starting it. You are charged for that work only if you approve the quote in writing, which includes by email or in the application. Declining a quote costs you nothing and does not affect your service. If the work turns out to need more than the quote covers, RTEO will ask you before doing or charging for anything more.

5.6 What RTEO builds is part of the platform. Anything RTEO builds or changes in the platform, including work you asked for and work you paid for, becomes part of the RTEO platform. RTEO owns it under clause 5.2, and may offer it to any customer. Paying for custom development pays for the work being done and made available to you as part of the products you take up. It does not give you ownership of that work, or exclusive use of it, unless your order expressly says so.

5.7 Your content stays yours. Clause 5.6 is about the platform's software and features. Your content and data, including anything you supply for custom work and anything RTEO generates from it under clause 8.1, remain yours, and RTEO never shares them with another customer. When RTEO offers a feature it built at your request to other customers, it offers the feature only, never your content, your data, or your branding.

6. Your workspace and the people in it

You are responsible for your workspace: who you invite into it, what permissions you give them, what they do with it, and the security of their credentials. Access under your workspace is treated as access by you.

You must:

• keep account credentials confidential and not share a single account between multiple people;
• remove access promptly for anyone who should no longer have it; and
• tell us promptly if you believe an account or workspace has been accessed without authorisation.

Each person who accesses RTEO must be old enough to form a binding contract and must not be someone RTEO has previously removed from the service.

7. Acceptable use

Your use of the platform is governed by RTEO's Acceptable Use Policy, which forms part of these Terms. You are responsible for compliance with it by everyone who accesses RTEO under your workspace.

Where you connect a third-party system to your workspace, such as a student management system or your own website, your use of that system remains subject to your own agreement with its provider, and you must not use RTEO to do anything through it that your agreement with that provider prohibits.

RTEO may suspend a workspace, or an individual's access, where we reasonably believe the AUP has been breached and the breach presents a risk to the platform, to another customer, or to a person. Where we suspend, we will tell you why and, where the breach can be fixed, what would resolve it.

8. Your content, and what RTEO does with it

8.1 You own your content. Everything you upload to RTEO belongs to you as between you and RTEO, and so does everything RTEO generates for you from it: contacts, enrolments, course content, website content, blog drafts, and reports. RTEO claims no ownership of any of it. In these Terms, "your Input" means what you upload, submit, connect or instruct RTEO to process, and "AI Output" means what an AI model in the platform generates from it.

8.2 What RTEO may do with it. You grant RTEO the right to host, store, copy, transmit, display, and process your content only so far as is necessary to provide the platform to you, to support you, and to secure and maintain the service. The DPA governs this where the content is personal information.

8.3 What RTEO will not do with it. RTEO does not sell your content. RTEO does not use your content, of any data class, to train or fine-tune the weights of its own models or any third party's models, and does not permit a subprocessor to do so. Clause 9 and clause 8 of the DPA describe the one thing RTEO does derive from your use of the platform, which is Telemetry, and Telemetry is not your content.

8.4 AI-generated output. RTEO uses AI models to generate content and recommendations. AI output can be wrong, incomplete, or out of date, and two runs over the same input can differ. Output is a draft for you to review, not a verified statement of fact and not professional advice. You remain responsible for anything you publish, send, or rely on. Where you are a Registered Training Organisation, nothing RTEO generates relieves you of your own compliance obligations, and RTEO does not warrant that any output satisfies them.

8.5 Your responsibility for what you submit. You warrant that you have the right to submit the content you submit, and that submitting it to RTEO and having RTEO process it as described in the DPA does not breach any law or any agreement you have with anyone else.

8.6 AI Output is not unique and is not exclusive to you. RTEO serves many training organisations, including organisations that compete with you and organisations in your own city and your own training areas. The same models, prompts and research sources produce the work for all of them. That means:

• AI Output generated for you may be identical or substantially similar to AI Output generated for another customer, including a competitor, and RTEO does not check for that, prevent it, or undertake to tell you when it happens;
• RTEO does not grant you any exclusivity over a phrase, a page structure, a headline, a course description, an image, a keyword, a topic or a content plan that the platform produces or recommends;
• your ownership of AI Output under clause 8.1 is ownership as between you and RTEO only. It is not a warranty that the output is original, is capable of protection as your own intellectual property, or does not resemble someone else's material; and
• where originality, distinctiveness or exclusivity matters to you, for example for a trade mark, a claim of uniqueness, or a tender response, you must review and change the output before you use it.

RTEO gives no warranty of originality, uniqueness or non-infringement in respect of AI Output, and the RTEO indemnity in clause 14.2 does not cover AI Output.

8.7 Feedback and suggestions. You are welcome to give RTEO feedback, a suggestion, a feature request or a bug report ("feedback"). You do not have to, and not giving feedback has no effect on your service. If you do, you grant RTEO a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right to use, adapt and build on it to operate and improve the platform, without obligation to you and without attribution. RTEO does not have to act on feedback, and does not owe you payment for it. That right covers the suggestion itself. It does not give RTEO any right to your Input, to your Confidential Information, or to personal information, each of which stays governed by clause 8.2, clause 10 and the DPA, and RTEO never uses feedback in a way that discloses your content or your data to another customer.

9. Telemetry and de-identified learning

9.1 RTEO never trains on your data. RTEO does not use your Input, your AI Output, your workspace content or any personal information in it to train, fine-tune, adapt or otherwise alter the weights of any AI model, whether RTEO's own or a third party's. This promise is not qualified by anything in this clause, and RTEO contracts with its AI subprocessors on the same basis.

9.2 What Telemetry is. "Telemetry" means the operational record RTEO derives from how the platform is used, and the conclusions RTEO draws from it. Telemetry includes event logs, timings, error and failure records, counts and other summary statistics, aggregates, one-way hashes, classifications and labels, quality and performance metrics, model routing decisions, and the learnings RTEO forms from any of them. Telemetry is de-identified: it does not include your Input, your AI Output, your workspace content, the text of anything you or an End User wrote, or any personal information, and RTEO does not construct Telemetry in a way designed to allow an individual, or your workspace's content, to be re-identified from it.

9.3 Telemetry is RTEO's own record, not your content. Telemetry is a derived artefact created by RTEO about the operation of RTEO's own platform. It is not your Input, not AI Output, and not your Confidential Information, and clause 8.1 does not apply to it. RTEO owns Telemetry and may process, retain and use it without restriction to operate, secure, measure, debug, support and improve the platform, to plan and build new features, to report on platform-wide usage and performance, and to meet its own legal and accounting obligations. RTEO may publish or share aggregate Telemetry, provided it does not identify you, your workspace or any individual.

9.4 Examples of what this covers. By way of example and without limiting clause 9.2, Telemetry includes how far through an enrolment form people get before they stop, how many times a draft enrolment is saved before it is submitted, how often a generation step fails and why, which AI role and model served a request and how long it took, and which features are used and how often. These records are kept about the workspace and the step, not about the person: the enrolment form fields themselves, including a student's answers, are not Telemetry.

9.5 Your own tracking tags are yours, not RTEO's. RTEO lets you install your own measurement and advertising tags in your workspace, for example a Google Tag Manager container, a Google Analytics 4 property, Google Ads conversion tracking, a Meta Pixel or a Bing UET tag, and lets you choose which surfaces they fire on, including your enrolment pages. Those tags are yours. They fire in the End User's browser, they send data to the tag vendor you chose under your own agreement with that vendor, and RTEO does not control, receive, inspect or store what they collect. Enrolment pages are pages on which a student may enter a Unique Student Identifier, a date of birth, sensitive information and other personal information, so a tag you enable there may observe an End User's activity on those pages. You are the APP entity for that collection: it is your decision, it needs your own privacy notice and, where the law requires it, your own consent, and RTEO is not your service provider in respect of it. RTEO's own analytics on its own public marketing website are a separate thing, described in RTEO's Cookie Policy.

10. Confidentiality

10.1 What is confidential. "Confidential Information" means information one party ("the discloser") gives the other ("the recipient") in connection with this agreement that is identified as confidential, or that a reasonable person would understand to be confidential from its nature or the circumstances of its disclosure. Your Input and your workspace content are your Confidential Information. The platform's non-public features, architecture, security arrangements, roadmap, and any non-public pricing are RTEO's Confidential Information.

10.2 Obligations. The recipient will keep the discloser's Confidential Information confidential, use it only to perform or receive the service under this agreement, protect it with at least the care it uses for its own confidential information of similar importance and no less than reasonable care, and disclose it only to its own personnel, professional advisers and, in RTEO's case, subprocessors under the DPA, who need it and who are bound by obligations no less protective than these.

10.3 Exclusions. These obligations do not apply to information that is or becomes public other than through a breach of this clause, that the recipient already held without an obligation of confidence, that the recipient receives from a third party free to disclose it, or that the recipient develops independently without using the discloser's Confidential Information.

10.4 Required disclosure. The recipient may disclose Confidential Information where a law, a court, a regulator or a stock exchange requires it. Where the recipient is permitted to do so, it will tell the discloser first, promptly and with enough detail that the discloser can seek a protective order or other relief, and will disclose only what is required.

10.5 Duration. These obligations continue while this agreement is in force and for three years after it ends. For information that is personal information, or that is a trade secret, they continue for as long as the law or the nature of the information requires, and the DPA also applies.

11. Fees and payment

You agree to pay the fees for the products in your order. The fees, the billing period, and what each plan includes are those in your order, or published or quoted to you when you subscribe. The Product Schedule for each product explains how its fees work. You pay for work outside your order only where you approved a quote for it under clause 5.5.

Fees are exclusive of GST and any other applicable taxes, which are payable by you in addition.

A change to the fees for your plan, or to how they are worked out, is a material change under clause 4.1. Because recurring fees are charged by direct debit, RTEO gives you at least 30 days' written notice of it, and clause 4.6 protects the fees a signed order sets.

11.1 How you pay. One-off fees that your order says are paid when you sign it, such as a setup fee, are paid online by card when you sign. RTEO does not add a surcharge for paying by card. All other fees are charged automatically, by direct debit from the bank account you nominate. Recurring fees are charged monthly, in advance unless the Product Schedule says they are charged in arrears, from the date the Product Schedule or your order states. Any other one-off fee, such as an onboarding fee, and a usage fee, such as a fee for enrolments above an allowance, are charged when the Product Schedule or your order says. RTEO does not send manual invoices: a tax invoice or receipt is issued automatically for each payment. Payments are processed by RTEO's payment provider, and RTEO does not store your card or bank account details. Keep your nominated account able to meet each payment, and update it when it changes.

11.2 Failed and late payments. If a direct debit fails, RTEO will try it again and tell you. RTEO may charge a flat late payment fee of $25, plus any GST that applies, for each failed direct debit or late payment, to cover the bank and administration costs it causes. RTEO may also recover the reasonable costs it actually incurs in recovering a debt, including reasonable debt collection agency fees and reasonable legal costs, to the extent the late payment fee does not already cover them. RTEO will give you notice before it refers a debt for collection, and will not charge a late payment fee on an amount you have disputed in good faith and in writing while the dispute is being worked through. If payments fail repeatedly, RTEO may ask you to move to a different payment arrangement.

11.3 Suspension for non-payment. If an amount is more than one month overdue, RTEO may suspend the service, including any website RTEO hosts for you, after giving you written notice and at least 7 days to pay. RTEO restores the service promptly once the overdue amount is paid. Suspension for non-payment does not delete your data; termination under clause 16 does. During a minimum term, fees continue to fall due while the service is suspended.

11.4 Refunds. Fees already paid for a billing period are not refunded on termination except where clause 16 or a Product Schedule says otherwise or where the law requires it.

12. Availability and support

12.1 How to get support. You can get support by phoning RTEO on 1800 MYRTEO (1800 697 836) or by emailing support@rteo.com.au. When it becomes available in your account, your RTEO Connected account will also have a support area, where an AI assistant answers questions and, when it cannot resolve an issue, passes it to the RTEO team or raises a support ticket for you, and where you can see all of your tickets and their progress. The AI assistant's answers are AI output under clause 8.4. RTEO publishes any change to these support channels in the application.

12.2 What support covers. The Product Schedule for each product says what support covers for that product.

12.3 Availability. RTEO aims to keep the platform available and to resolve problems promptly.

RTEO does not commit to a specific level of uptime or to a specific support response time under these Terms, and no such commitment should be inferred from this clause. The platform may be unavailable during maintenance, during an incident, or because of a failure in a third-party service RTEO depends on. Where an outage is planned and we expect it to be material, we will give you advance notice where we reasonably can.

A contractual service level applies only where your order expressly sets one.

13. Warranties and disclaimers

RTEO provides the platform, and any services a Product Schedule describes, with due care and skill.

Beyond that, and to the maximum extent the law allows, the platform is provided "as is". RTEO does not warrant that it will be uninterrupted or error-free, that it will meet your particular requirements, that AI output will be accurate, original or unique, or that any particular result will be achieved, whether commercial, search-ranking, enrolment, or compliance.

RTEO does not hold, and these Terms do not assert, any formal security certification such as ISO 27001 or SOC 2. Schedule 3 of the DPA describes the security measures RTEO actually operates.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where a statutory guarantee applies and RTEO is permitted to limit its liability for failing to meet it, RTEO's liability is limited, at RTEO's option, to resupplying the service or paying the cost of having it resupplied.

14. Indemnities

14.1 Your indemnity. You indemnify RTEO against loss, damage, and reasonable costs (including reasonable legal costs) RTEO actually incurs from a third-party claim arising out of:

• your Input, including a claim that it infringes someone's intellectual property or other rights, or that you had no right to submit it;
• an instruction you gave RTEO, or a configuration you chose, that caused RTEO to do something you were not entitled to have done;
• your use of AI Output, including what you published, sent or relied on after the review clause 8.4 says is yours to do;
• a message you sent through the platform to an End User, including email and SMS, where the claim is that it was sent without a required consent or otherwise in breach of a law that applies to you;
• your breach of the AUP; or
• a claim by an End User about your training services, your admissions or assessment decisions, your fees, or your own regulatory compliance.

14.2 RTEO's indemnity. RTEO indemnifies you against loss, damage, and reasonable costs (including reasonable legal costs) you actually incur from a third-party claim that the RTEO platform itself, used by you in accordance with this agreement, infringes that third party's Australian intellectual property rights.

This indemnity does not cover, and RTEO is not liable under it for, a claim to the extent it arises from:

• AI Output, which clause 8.6 addresses and which is expressly excluded from this indemnity;
• your Input, or anything RTEO did on your instruction or to your specification;
• a combination of the platform with anything RTEO did not supply, including a third-party system you connected to your workspace, where the claim would not have arisen without the combination;
• your use of the platform after RTEO told you to stop because of a claim, or your use of a version or configuration RTEO had replaced; or
• your breach of this agreement.

Where a claim under this clause is made or RTEO reasonably believes one is likely, RTEO may at its own cost modify the platform so it is non-infringing, obtain the right for you to keep using it, or, if neither is reasonably available, terminate the affected part of the service and refund fees you have paid for the unused part of the current billing period. That is your exclusive remedy for an infringement claim of this kind, other than a remedy that cannot lawfully be excluded.

14.3 How an indemnity works. A party claiming under an indemnity must tell the other party promptly after it becomes aware of the claim, let that party have conduct of the defence and any settlement (except that no settlement may impose an obligation or admission on the indemnified party without its consent, which must not be unreasonably withheld), and give reasonable assistance at the indemnifying party's cost. An indemnity is reduced to the extent the claim was caused or made worse by the indemnified party's own act, omission or breach, or by its failure to take reasonable steps to limit its loss. Neither indemnity covers indirect or consequential loss.

15. Limitation of liability

Subject to clause 13, and to the maximum extent the law allows:

• neither party is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss, however caused; and
• RTEO's total liability to you arising out of or in connection with these Terms, in aggregate across all claims, is limited to the fees you paid RTEO in the 12 months immediately before the event giving rise to the liability.

15.1 Excluded Claims. The cap in this clause does not apply to, and the amounts under the following are not counted towards it ("Excluded Claims"):

• your obligation to pay fees, taxes and other amounts payable under clause 11;
• either party's liability under an indemnity in clause 14;
• either party's breach of clause 10 (confidentiality);
• your breach of clause 5.2 (the licence limits) or of the AUP in a way that infringes RTEO's intellectual property; and
• liability that cannot lawfully be limited, including liability for fraud, and liability under the Australian Consumer Law to the extent it cannot lawfully be limited.

RTEO's aggregate liability for Excluded Claims under clause 14.2 is limited to five times the fees you paid RTEO in the 12 months immediately before the event giving rise to the liability, and nothing in this clause limits liability that cannot lawfully be limited.

15.2 Your own records. You are responsible for keeping your own records where your own legal or regulatory obligations require you to hold them. RTEO's retention and deletion behaviour is described in Schedule 4 of the DPA, and it is not a substitute for your own record-keeping.

16. Term and termination

These Terms apply from when you first access RTEO or accept an order, and continue until terminated.

16.1 Termination by you. Subject to any minimum term your order sets, you may terminate at any time by deleting your workspace or by telling us to close your account. Termination takes effect at the end of the current billing period unless we agree otherwise. During a minimum term, the Product Schedule and your order say how the product concerned may end early. You may also end a single product without ending these Terms, as its Product Schedule describes.

16.2 Termination by RTEO. RTEO may terminate these Terms and close a workspace, or end a single product:

• on 28 days' notice to you for any reason, except during a minimum term your order sets; or
• immediately, where you have materially breached these Terms and either the breach cannot be fixed or you have not fixed it within a reasonable period after we asked you to.

16.3 Termination for insolvency. Either party may terminate these Terms immediately by notice if the other party becomes insolvent, is wound up, has a receiver, administrator, liquidator or controller appointed to it or any of its assets, enters into an arrangement or composition with its creditors, ceases or threatens to cease to carry on business, or suffers anything with a substantially similar effect under any law. Where you terminate under this clause, RTEO will refund the unused part of any fee you have paid in advance. Where RTEO terminates under this clause, fees already paid are not refunded.

16.4 What happens to your data. Deleting a workspace deletes the data in it, as Schedule 4 of the DPA describes, including the timing of each part of that deletion. Export your data before you terminate: except where a Product Schedule says otherwise, RTEO does not undertake to retrieve it for you afterwards, and backups age out on their own schedule.

16.5 What survives. Clauses 5.6, 5.7, 8.1, 8.5, 8.6, 8.7, 9, 10, 13, 14, 15, 19, and this clause survive termination, together with any accrued right or obligation, and any provision that by its nature is intended to survive.

17. Force majeure

Neither party is liable for a failure or delay in performing an obligation under these Terms, other than an obligation to pay money, to the extent the failure or delay is caused by something beyond its reasonable control. That includes a natural disaster, fire, flood, pandemic or public health order, war, civil unrest, act of terrorism, industrial action not involving that party's own workforce, failure of a telecommunications, internet, cloud or power provider, government action, and a widespread cyber attack not caused by that party's own failure to take reasonable security measures.

The affected party must tell the other party as soon as reasonably practicable, take reasonable steps to work around the event and resume performance, and keep the other party informed. Where the event continues for more than 30 consecutive days and materially prevents the platform from being provided, either party may terminate these Terms by notice, and RTEO will refund the unused part of any fee you have paid in advance for the period after termination.

18. Publicity

RTEO may identify you as a customer by name and logo on its website, in its marketing material, and in proposals and tenders, and may describe in general terms what the platform does for you. RTEO will use your logo in accordance with any brand guidelines you give it, will not quote you or publish a case study, testimonial or customer metric about you without your prior written consent, and will not disclose your Confidential Information.

You may opt out of this clause at any time by telling RTEO in writing. RTEO will stop using your name and logo in new material promptly, and in existing material within a reasonable period. Opting out does not affect anything else in these Terms and is not a breach of them.

19. Governing law

These Terms are governed by the laws of New South Wales, Australia, and any dispute under them is subject to the non-exclusive jurisdiction of the courts of New South Wales.

20. General

20.1 Entire agreement. These Terms, the DPA, the AUP, the Product Schedules for the products you take up, and your orders are together the entire agreement between you and RTEO about the platform and those products, and replace any earlier understanding about them.

20.2 Assignment. You may not assign these Terms without RTEO's consent, which will not be unreasonably withheld. RTEO may assign them to a successor to its business.

20.3 Severability. If part of these Terms is unenforceable, that part is severed and the rest continues to apply.

20.4 No waiver. A failure to enforce a provision is not a waiver of it.

20.5 No partnership. Nothing in these Terms makes either party the partner, agent, employee or fiduciary of the other.

20.6 Notices. RTEO gives notice to you by email to your workspace's registered contact or in the application. You give notice to RTEO under these Terms in writing, by email to support@rteo.com.au with "Legal notice" in the subject line, or by post to RTEO at 53 Barry Rd, Campbellfield VIC 3061. An email to support@rteo.com.au without "Legal notice" in the subject line is a support request under clause 12.1, not a notice under this clause.

20.7 This is not legal advice. These Terms, the DPA, the AUP and RTEO's other published documents describe what RTEO does and what the parties agree. None of them is legal advice to you, and none of them tells you whether you meet your own obligations under the Privacy Act 1988 (Cth), the Student Identifiers Act 2014 (Cth), the National Vocational Education and Training Regulator Act 2011 (Cth), the Standards for RTOs, or any other law that applies to you. Get your own advice on that.