Terms &
Conditions

By enrolling in or accessing any of the Programs provided by IMPOWRD PTY LTD (ABN 37 615 330 580) (Impowrd), including, but not limited to, Developing Social Skills, Employment Advantage, Foundations in Reasoning, Foundations of Workplace Success, Foundations of Workplace Success: Transitions and Ready Match Place, you agree to be bound by these Terms and Conditions (Terms).

These Terms govern your membership, account and use of all Impowrd Online Programs. Organisation accounts (such as a school's educator account) are for use by that organisation. Student accounts are personal to the named student and must not be shared (see clause 3). You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Impowrd may suspend, restrict or terminate access in accordance with these Terms.

In these Terms:

• School means a school or other organisation that purchases access to a Program for its students.

• Student means a person enrolled in a Program by a School.

• Program means any Impowrd Program.

• Resources means any materials provided with or through a Program, including workbooks, worksheets, slides, videos, teacher guides, assessment tasks, rubrics and other downloadable materials.

• Seat means the right for one named Student to access one Program.

• Commenced means the Student has opened or accessed any lesson, activity or assessment in the Program.

• Licence Period, Access Period and Transfer Period have the meanings given in clause 3.

2.1 You are responsible for maintaining the security of your account credentials. Impowrd is not liable for any loss or damage resulting from a failure to comply with this obligation.
2.2 All Resources are for your personal or your organisation's use only and may not be shared with other individuals or organisations without Impowrd's written permission.
2.3 Impowrd respects and protects your privacy.
2.4 You may be required to provide personal information such as contact details and payment information. This information will only be used to provide program access, deliver training, process payments, or inform you of new products and services. You may opt out of marketing communications at any time.
2.5 All personal information is stored securely and accessed only by authorised Impowrd staff and the service providers Impowrd uses to host and deliver its Programs. Personal information will not be sold, or disclosed to other third parties except where required by law.
2.6 You have the right to access, review and correct personal information held by Impowrd to ensure it is accurate and up to date.

3.1 Seats and access periods
(a) Each Program purchase entitles the School to the number of Seats stated in the order.
(b) The School must enrol Students into its Seats within 12 months of the purchase date (the Licence Period). Seats not used within the Licence Period expire and are not refundable.
(c) Each enrolled Student has access to the Program for 12 months from their enrolment date (the Access Period).

3.2 Seat transfers
(a) The School may transfer a Seat from an enrolled Student to a different Student if:
(i) Impowrd receives written notice (including by email to customerservice@impowrd.com.au) within 30 days of the original Student's enrolment date (the Transfer Period); and
(ii) the original Student has not Commenced the Program.
(b) The notice must include the name of the Student being unenrolled and the name and school email address of the replacement Student.
(c) When a Seat is transferred, the original Student's access is removed and a new account is created for the replacement Student. The replacement Student starts the Program from the beginning and receives a new Access Period of 12 months from their own enrolment date.
(d) Each Seat may be transferred only once.
(e) After the Transfer Period, or once the original Student has Commenced the Program, the Seat cannot be transferred. The School may purchase additional Seats for any further Students.
(f) A transfer does not entitle the School to a refund or credit.

3.3 Individual student accounts
(a) Each Student account is for the use of the named Student only.
(b) A Student must not use, or allow anyone else to use, another Student's account or login details.
(c) The School must take reasonable steps to ensure its Students comply with this clause.
(d) If Impowrd reasonably believes an account has been shared or used by someone other than the named Student, Impowrd may suspend or disable that account. Any progress, results or certificates recorded on it may not be valid, and clause 6.14 may apply.

3.4 Records
Each Student account holds that Student's own progress, assessment results and personal information. For privacy and record-keeping reasons, Impowrd will not reassign an existing account or its records to another Student.

3.5 Enrolment is final
(a) The School has the full Licence Period to decide which Students to enrol, and should enrol only Students it intends to take part in the Program.
(b) Once a Student is enrolled, that Seat is allocated to that Student for the Access Period, whether or not the Student starts, continues with or completes the Program.
(c) Apart from a transfer made under clause 3.2 within the Transfer Period, a Seat cannot be reassigned because:
(i) the enrolled Student has not Commenced or has stopped using the Program;
(ii) the School has used all of its Seats; or
(iii) the School wishes to enrol a different Student.
(d) If the School needs to enrol more Students than its remaining Seats allow, it may purchase additional Seats.

3.6 Duplicate accounts
(a) Each Student may hold only one account for each Program.
(b) If a Student creates, or is enrolled under, more than one account for the same Program, the School may ask Impowrd to remove the duplicate account and return the Seat to the School, provided Impowrd receives written notice (including by email to customerservice@impowrd.com.au) within 30 days of the duplicate account's enrolment date.
(c) The notice must name the Student and identify which account is to be kept. Impowrd will remove the other account. Progress, results or certificates recorded on the removed account cannot be transferred to or merged with the account that is kept.
(d) Returning a Seat under this clause is not a transfer under clause 3.2.
(e) If Impowrd is not notified within the 30-day period, each account remains allocated to a Seat for its Access Period and the Seat will not be returned.

3.7 Seat usage
(a) The School may request a summary of its Seat usage at any time by emailing customerservice@impowrd.com.au. The summary will include the number of Seats purchased, used and remaining.
(b) Impowrd will aim to provide the summary within two business days.
(c) The School is responsible for monitoring its Seat usage, including the Licence Period and any Transfer Period, and for requesting additional Seats when needed.

4.1 Impowrd does not provide refunds or credits if the School or account holder changes their mind, no longer requires the Program, or does not use its Seats within the Licence Period.
4.2 If a Program does not meet the consumer guarantees under the Australian Consumer Law (for example, if it contains a fault or does not function as described), Impowrd will provide the remedies required by law, which may include a replacement, repair or refund.

5.1 Impowrd may suspend or terminate an account, and refuse current or future use of any Program, if the account holder breaches these Terms, or where Impowrd otherwise has reasonable grounds to do so.
5.2 Termination may result in the deactivation or deletion of the account and the loss of all content associated with it.
5.3 Impowrd reserves the right to refuse service to any individual or organisation.

6.1 Your use of Impowrd's Online Programs is at your own risk. Subject to clause 6.17, all Programs are provided on an "as is" and "as available" basis.
6.2 Technical support is available only to paying account holders via email. We aim to respond within one business day.
6.3 You must not modify, hack or falsely represent Impowrd Programs or associated websites.
6.4 You may not reproduce, duplicate, sell, resell or exploit any part of our Programs or Resources without Impowrd's written permission[, except that a School may reproduce Resources to the extent reasonably needed to deliver the Program to its enrolled Students].
6.5 Impowrd may remove or restrict access to content deemed unlawful, offensive or otherwise objectionable.
6.6 Any verbal, written or physical abuse towards staff, members or other participants may result in immediate termination of the relevant account.
6.7 Technical processing may involve transmission over networks. While security measures are in place, absolute security cannot be guaranteed.
6.8 You must not upload or transmit viruses, worms or unsolicited communications (spam).
6.9 Impowrd does not guarantee uninterrupted, error-free or secure access, nor that program results will meet your expectations.
6.10 Subject to clause 6.17, Impowrd is not liable for direct, indirect or consequential damages, including loss of profits, goodwill or data, resulting from use of or inability to use our Programs.
6.11 Failure to enforce any provision does not constitute a waiver of rights. These Terms constitute the entire agreement between you and Impowrd regarding program use.
6.12 Impowrd reserves the right to revoke certificates of completion if program processes and learning activities are not followed as designated.
6.13 If a School uses Impowrd endorsed Programs to obtain points on a relevant state certificate of education, and Students have been awarded points without correctly completing all endorsed Program requirements, Impowrd reserves the right to notify the relevant state curriculum authority (such as the School Curriculum and Standards Authority in Western Australia), which may result in those Students' endorsement points being revoked.
6.14 Academic integrity and certificate fraud. Plagiarising, falsifying or misusing a completion certificate, including completing a Program on behalf of another account holder, using another Student's account, or copying any portion of our Online Programs, will result in immediate termination of the account in accordance with clause 5.2. Impowrd reserves the right to take legal action in such instances to protect its intellectual property and uphold academic integrity.
6.15 All reasonable care is taken to ensure that the content provided is accurate and current. The information is provided for educational purposes only. Subject to clause 6.17, Impowrd accepts no responsibility or liability for any errors, omissions, misunderstandings, interpretations or decisions made by Students, nor for any consequences arising from the use of the Program.
6.16 SCSA assessment materials. Where Impowrd provides grading rubrics, sample assessment outlines, assessment tasks or other assessment-related materials to support delivery of the SCSA Careers and Employability (General Year 11) Syllabus, these are provided as a guide only. They are not issued, endorsed or approved by SCSA and do not constitute official SCSA assessment or syllabus documentation. Schools and teachers remain solely responsible for ensuring that all assessment practices, evidence collection and program delivery comply with SCSA's current assessment requirements, endorsement conditions and syllabus completion requirements.
Outside of this specific use by Western Australian schools, Foundations of Workplace Success is a standalone Program, and Impowrd makes no representation that it aligns with or is endorsed under any other state or territory syllabus. To the maximum extent permitted by law, Impowrd accepts no liability for any loss, damage or adverse outcome, including a finding of non-compliance with SCSA's requirements, arising from a School's use of or reliance on this material.
6.17 Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

Questions regarding these Terms should be directed to:
customerservice@impowrd.com.au