To access all facets of the “partnership program” (the “PP”) you must agree with the Terms and Conditions of use below. Your inclusion in the PP indicates your acceptance of these terms and conditions.
The terms and conditions of the PP are subject to change at any time and at the sole discretion of Real Plus Services Pty Ltd (‘Real Plus’).
1.1 This agreement is made between you (‘You’) as a member of the PP accessing the associated entitlements and Real Plus as the owner and operator of the Platform.
1.2 You may authorise your staff to provide brand required materials, resources, create video content, deliver webinars & Partner Showcase, develop module content and any other element requestd by Real Plus.’ for whom:
1.3 This agreement constitutes the terms and conditions in respect of Your:
1.4 Any provision of materials or delivery of content for use of this Site or its associated business by You or any employee will constitute acceptance of these Terms and Conditions.
2. Use of the site and Fees
2.1 Real Plus, at its sole discretion, will determine and publish the fees payable in relation to use of the PP(the ‘Fees’).
2.2 The publication of Fees may be via display online at the Platform, or via any other reasonable means chosen by Real Plus.
2.3 For You to access and/or use the PP You must have paid the Fees.
2.4 Unless expressly stated to the contrary in writing by Real Plus, the Fees quoted do not include any sales, goods and services, value added, customs or any other applicable government taxes or duty, the cost of which You will bear.
2.5 Your use of the PP is restricted to facilitating access to the Program.
2.6 All payments must be made via direct debit by way of an acceptable credit or debit card using our secure third party online payment processor or other means as agreed in writing.
2.7 All PP’s are created for a minimum period of 12 months and will be renewable prior to the next financial year end and no earlier. Should the financial year end be less than 12 months from the date of the commencement of the agreement, the minimum 12 months will apply.
3. Links from the Platform
3.2 Real Plus has no responsibility or liability for these terms or practices or the content of such Platforms, and makes no representation or warranties about the products or services they may provide.
3.3 If You or any employee or User chooses to access these linked sites, You and/or the employee and User does so at their own risk.
3.4 Real Plus is not liable for any loss, damage, claims, costs or expenses arising out of You or any employee or User accessing another Platform, and You and the employee will indemnify Real Plus against all loss, damage, claims, costs or demands in this regard.
4.1. The results of all assessments from educational activities undertaken on the Platform will:
4.2 Data and information enter into the Platform is the property of Real Plus and, subject to clause 5.1, may be used by Real Plus in its absolute discretion.
5. Intellectual Property
5.1. Intellectual property:
in the Platform and the Services, is:
5.2. All unauthorised copying, downloading, reproduction, distribution adaptation, modification or other communication of any materials, written works, literary works, programs, software, and all other content of the Platform is prohibited by You or Your employee without expressed permission in writing by a Director of Real Plus
5.3 You and the employees acknowledge that breaching these Terms and Conditions may infringe not only the rights of Real Plus, but also the rights of third parties. Without limiting any other provision of these Terms and Conditions, You and each employee agree to indemnify Real Plus in respect of:
6. Presentations, Warranties and Disclaimer
6.1 The information and other material contained (whether visual, written, audible, binary, electronic or others) in the Platform and the Services (the ‘Owned Content’) is offered ‘as is’ and in relation to the Owned Content Real Plus makes no representations or warranties of any kind whether expressed, implied, statutory or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, non infringement or the presence or absence of defects or errors.
6.2 The Owned Content is subject to change at any time without notice.
6.3 The Platform and the Services are provided for education and training purposes only and are not intended to be, or as a substitute for, advice.
6.4 Real Plus:
6.5 Real Plus cannot guarantee the safety of Your or the User’s computer systems including all hardware, software, networks, servers or any other component of such computing tools and You and each User release Real Plus from all liability or claim for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Platform, the Services or the Owned Content.
6.6 You and each User acknowledge You and the employees enter and use the Platform, the Services and the Owned Content at their own risk.
Despite any other clause of these Terms and Conditions:
You and each employee will indemnify Real Plus in respect of all loss, damage, costs, expenses (including legal fees – whether on a party basis or on an indemnity basis – and interest), fines, penalties, claims, demands and proceedings howsoever arising, whether at law (including negligence), in equity, under statute or in connection with any of the following:
9. Prohibited Uses
9.1 In using the Platform, the Services or the Owned Content You and each employee must not:
10.1 This agreement is governed by and must be construed in accordance with the laws of New South Wales and the Commonwealth of Australia.
10.2 The parties submit to the exclusive jurisdiction of New South Wales and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms and Conditions, their performance and subject matter.
11.1 You may serve a notice on Real Plus for the purposes of this agreement by sending an email to the email account (as registered with “auDA”) of the administrator of the Platform.
11.2 Real Plus may serve a notice on You or any employee by sending it to Your email address provided to Real Plus in Your registration process.
11.3 Notices will be deemed to have been served one hour after transmission by email in accordance with this clause 11.
12. Changes to the User Agreement
12.1 Real Plus may add, remove or change the provisions of this agreement from time to time.
12.2 All changes will be notified to you by being posted on the Platform.
12.3 It is Your and the employees responsibility to refer to these additions and changes.
12.4 Changes will come into effect immediately on being posted on the Platform and You or the employee will be deemed to have accepted the change if You or the employee (respectively) continue to access the Platform after that time.
12.5 If You or the employee do not wish to accept the change the agreement must be terminated before further use of the Platform, the Services or the Owned Content.
13. Advertising Material.
13.1 Advertising, sponsorship and other commercial promotions from You and your employees in line with the PP, together with other third parties may appear on the Platform, the Services or the Owned Content. Such materials may include links to other Platforms operated by You and other third parties. Each party is responsible for ensuring that such Platforms comply with all relevant local laws and regulations.
13.2 To the extent permissible by law Real Plus disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations.
14.1 Each party will promptly execute all documents (if any) and do all things that the other party reasonably requires of it to give effect to the provisions of these Terms and Conditions.
14.2 The failure of any party to insist upon a strict performance of any of these Terms and Conditions will not be deemed a waiver of any subsequent breach or default in these Terms and Conditions.
14.3 If any provision in this agreement is held to be illegal or unenforceable for any reason, such provision shall be severed and the remainder of this agreement shall continue in full force and effect.
14.4 You or the employees are not permitted to assign any of rights, benefits or obligations under these Terms and Conditions without the express written consent of Real Plus.
14.5 This document embodies the entire understanding and agreement between the parties as to the subject matter of these Terms and Conditions and supersedes all prior communications and agreements between the parties as to its subject matter. Each party agrees that unless expressly stated in these Terms and Conditions, that party has not relied on any representation, warranty or undertaking of any kind in relation to the subject matter of these Terms and Conditions.
14.6 Headings have been included in these Terms and Conditions for convenience only and are not considered part of, or be used in interpreting, these Terms and Conditions.
14.7 All details contained with Your personalised Partnership Plan are to be considered a guide only and subject to change at the discretion of Real Plus. Changes are done for the benefit of the User
16. Future Changes