Compliance and License agreement

Our Compliance commitment to you

We stand behind the quality of our products and services, we ensure our resources are relevant, current to industry and meet Australian regulatory standards.

We always welcome any feedback provided by clients and auditors as this assists us to continually improve to ensure that we are providing the highest quality resources and services.

If our resources result in a non-compliant audit outcome due to the validity of assessments, we commit to working with you to fix the rectifications required free of charge. This only includes rectifications in relation to the documents provided by resources Now and does not cover any other related non-compliance or audit outcome.

This only applies in the following circumstances:
  • The audit findings have come from an audit conducted by a VET regulatory body in Australia. Regulatory bodies are - Australian Skills Quality Authority (ASQA), Queenslandn Registration and Qualifications Authority (VRQA) or Training and Accreditation Council WA (TAC).

For assistance with rectifications, you will need to provide us with all copies of the following documents with a minimum of fifteen days’ notice prior to your rectification due dates:

  • A full copy of your audit report
  • A copy of all assessment resources that were presented at audit
  • A copy of the Training and Assessment Strategy presented at audit.
  • You ensure that no changes have been made to the resources other than changes to the logo and RTO details.
  • The full set of resources provided by us were only used and you can demonstrate that the auditor was provided with the full set of resources during the audit.
  • The resources have been used for their intended purpose, and the Training and Assessment Strategy presented at audit by the client clearly and appropriately describes the tools and their intended purpose.
When you have provided the above, we will:
  • Make any rectifications required to the resources where the findings are consistent with the training package, the standards being audited, the principles of assessment and rules of evidence.
  • Provide you with a written rectification response and all updated files.
Please note:
  • If you need rectifications made and you have given us less than the minimum 15 days’ notice required, we may be able to assist you, however this will be a paid service and will be charged at our normal consultancy rates.
  • We reserve the right to challenge audit findings and refrain from making rectifications. In this instance, we will assist clients with a response to the regulatory body to explain why we disagree with the findings of the original audit.
  • We accept no liability for any audit outcome or non-compliance.
  • We reserve the right to refuse assistance if the above requirements are not met.
Our license agreement

Upon the purchase of any products sold on a licensed basis, the purchaser agrees to the following License Agreement:

  1. Approval of Licence

    Resources Now is the owner of the resources purchased (“the Package”) by the purchaser. The Package includes the documents and components outlined in the product description of the relevant product which is available on the Resources Now’s website and provided on the invoice and/or the proposal provided at the time of purchase.

    In consideration of payment of the licence fee, or any deposit paid towards the licence fee, this licence is issued to the Licensee to only use the Package in the bona fide operation of the Licensee’s business. Any other use, distribution, or sharing of these products is otherwise prohibited.

    This licence is issued on a non-exclusive basis to the Licensee and does not permit the Licensee (other than in compliance with the above paragraph) to allow the Package to be sold, used, accessed, stored or copied by or for the benefit of any other person or business including any subsidiary, joint venturer, strategic partner, partner or parent organisation, affiliate or associate.

    The licence is issued on the date that full payment has been made towards the licence fees.

  2. Fees

    The licence fee is listed on the invoice for the resources and or services purchased.

  3. Licence Terms and Conditions

    By purchasing and/or using the Package or our services, the Licensee and its employees agree to be bound by the terms and conditions of this agreement.

    The Licensee is expected to read through the resources included in the Package and customise them to suit its business requirements. The resources are not intended, nor represented or warranted by the Resources Now to be used by the Licensee as an ‘off-the-shelf’ Package automatically suitable for the Licensee’s business requirements.

  4. Intellectual Property Rights

    Resources Now has the rights to all intellectual property, including but not limited to, copyright, contained within the Package.

    Resources Now reserves all of its rights referred to in clause 1 above and nothing in this licence shall be taken to affect such rights.

    The Licensee is only permitted to use the Package in accordance with the terms and conditions of this licence, including but not limited to the access rights at clause 5 below.

    The parties hereby specifically acknowledge and agree that all intellectual property, including but not limited to copyright, in respect of any works, computer programs or other subject matter produced or arising by reason of the variation, modification, amendment, adaptation and reproduction of any part of the Package by the Licensee as anticipated at clause 5 below, or otherwise, (the “Modified Versions”), shall vest solely in Resources Now.

  5. Use of products and services

    The resources included in the Package are licensed for use bonafide delivery of training and/or assessment within the licensed RTO for the unit/s of competency that are included in the Package. This may include the delivery of face-to-face classes, eLearning, LLN assessments, RPL assessment and traditional training and assessment pathways. The resources are not to be repurposed in any other way for use in any other context or for any other training or assessment other than for the unit/s of competency for which they are sold.

    Resources Now allows the Licensee to vary, modify, amend and/or adapt the resources to contextualise them to suit its learner cohorts subject to this clause 5 and to the extent to which the format in which the products that are purchased allows. In some cases, an additional fee may be charged to buy unlocked or editable versions of the resources.

  6. Amendments or updated packages

    For payment of the Licence Fee, the Licensee is entitled to access free updates made by Resources Now to the resources included in the Package. This does not include updates made to the national Training Package where the Training Package or units of competency become superseded.

    The Licensee acknowledges that while Resources Now makes efforts to maintain all references included in the Package, from time to time these references become out of date without Resources Now becoming aware of this. Should this occur, the Licensee is invited to contact Resources Now to make updates. Resources Now does not provide any guarantees about how quickly the Package will be updated once it is notified.

  7. Protection of Intellectual Property

    To ensure that the Package and resources included in the Package are not wrongfully accessed, used or copied in breach of this Licence, the Licensee agrees to only allow authorised employees of the Licensee’s business access to the Package on a needs-only basis.

    The documents must not be shared in an editable format with any other person or organisation.

    The Licensee agrees that it will take reasonable measures to ensure that the resources are not wrongfully accessed and that documents are appropriately stored and protected from infringements against this Agreement.

    The Licensee further agrees to inform all employees and students and any other person who may have access to the Package or documents modified from the Package, that the documents are subject to copyright, that they are owned by the Resources Now and that sharing of the content is punishable under Australian Copyright Law.

    Without limiting the foregoing, the Licensee is required to ensure that each resource included in the Package including any Modified Versions, retains all copyright notices and the Resources Now’s logo. The copyright notices must be clear and legible, in a font size of a minimum of 10.

  8. Duration

    This licence is for so long as the Licensee continues to use the Package or any of the publications forming part of the Package, unless terminated earlier in accordance with clause 11 of this licence.

  9. Limitation of Liability

    The Package is sold ‘as is’, and Resources Now will not be held responsible for any audit outcomes based on the use of this Package. The Resources Now welcomes feedback about the Package and if an update is made to the Package based on feedback obtained from an audit, Resources Now will make updates in accordance with Clause 6.

    Resources Now does not warrant that the Package will ensure a compliant audit outcome. Compliant audit outcomes rely upon the effective implementation of the content of the Package by the Licensee as well as the supporting documents and framework used by Resources Now.

    Resources Now on behalf of itself and any other person involved in the production of the documents comprising the Package, disclaims any liability to the fullest extent possible by law arising in connection with the use of the Package or reliance on their contents by any person whether used in the original form or altered in some way by the Licensee.

    Resources Now gives no warranties nor makes any representation in respect of the documents comprising the Package, including without limitation any warranties as to quality, standard or legal efficacy to the fullest extent permitted by law.

  10. Infringement

    If the Licensee learns of:

    • Any infringement or threatened infringement of the Intellectual Property rights licensed under this Agreement; or
    • Any common law passing-off which may cause deception or confusion to the public by a third party.
    • The Licensee will immediately notify Resources Now in writing giving particulars of the infringement.

    In the event of any action described in clause 10:

    • Resources Now will then seek the opinion of Counsel practising in Intellectual Property Rights as to the possible success of any actions.
    • Resources Now will promptly institute and prosecute an action against infringement.
    • The Licensee and Resources Now must each execute all documents and do all things reasonably necessary to aid and cooperate in the prosecution of any such actions brought by a party under this clause 10.

  11. Termination

    Resources Now may terminate this licence and the rights granted under it by written notice with immediate effect if the Licensee commits a breach of this licence and has not remedied that breach within 10 days of receipt of a notice from Resources Now requesting the breach to be remedied.

    Automatic termination will occur in the event that the Licensee commits an act of insolvency.

    Upon termination of this licence, the Licensee shall immediately cease using and destroy or return to Resources Now (as Resources Now will direct) all copies of the Package in any form, including partial copies and Modified Versions.

  12. General

    Any amendment to this licence must be made in writing and signed by each party.

    This agreement may not be assigned by the Licensee without Resources Now’s prior written approval.

    The agreement shall be governed by the laws of Queensland, Australia.

  13. Severance

    If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.

  14. No Partnership or Agency Relationship

    Nothing contained in this Agreement must be deemed to constitute partnership between the parties and nothing contained in this Agreement must deem either party to be the agent of the other party and the Licensee must not hold itself out as, engage in any conduct or make any representation which may suggest to any person that the Licensee is for any purposes, the agent of Resources Now.

  15. Acceptance of the License

    Upon payment of the Licence Fee, the Licensee of the Package, acknowledge and accept the terms and conditions of this Licence Agreement.

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