Terms of Service

By accessing or using Upskroll ("the Service"), operated by Upskroll (ABN: 66 666 375 819), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

Upskroll is a cloud-based student management system designed specifically for Australian Registered Training Organisations (RTOs). The Service provides:

• Student enrolment and lifecycle management
• Course and unit management
• AVETMISS reporting and compliance tools
• Certificate generation and verification
• Delivery offering management
• State-specific compliance features for NSW, VIC, and QLD

3.1 Account Creation

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorised access
• Accept responsibility for all activities under your account

3.2 Account Eligibility

The Service is intended for use by Australian RTOs and their authorised staff. You must be at least 18 years old and have the authority to bind your organisation to these Terms.

3.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activities.

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Upload malicious code, viruses, or harmful software
• Attempt to gain unauthorised access to the Service or other users' accounts
• Interfere with or disrupt the Service's operation
• Use the Service to transmit spam or unsolicited communications
• Reverse engineer, decompile, or disassemble the Service
• Resell or redistribute the Service without authorisation
• Submit false or misleading information to regulatory bodies

5.1 Subscription Fees

Subscription pricing is tailored to each organisation based on enrolment volume, delivery model, and operational requirements. A customised proposal is provided following a demonstration. Contact us at support@upskroll.com for pricing enquiries.

5.2 Payment Processing

Payments are processed through third-party payment providers. You agree to provide accurate payment information and authorise us to charge your payment method for all fees incurred.

5.3 Refunds

Refunds are assessed in accordance with Australian Consumer Law. Where a service failure constitutes a major failure under Australian Consumer Law, you are entitled to a remedy. Please contact us to discuss your specific circumstances.

5.4 Late Payments

Failure to pay fees may result in suspension or termination of your account. We reserve the right to charge interest on overdue amounts at the rate permitted by law.

6.1 Your Data

You retain all ownership rights to the data you input into the Service ("Your Data"). You grant us a limited licence to use Your Data solely to provide and improve the Service.

6.2 Our Intellectual Property

The Service, including all software, designs, trademarks, and content, is owned by Upskroll and protected by intellectual property laws. You may not use our intellectual property without written permission.

6.3 Data Backup

While we implement backup procedures, you are responsible for maintaining your own backups of critical data. We are not liable for data loss except as required by Australian Consumer Law.

While the Service is designed to assist with AVETMISS compliance, you remain solely responsible for:

• Ensuring the accuracy of data submitted to regulatory bodies
• Complying with all VET sector regulations and standards
• Verifying that generated reports meet current AVETMISS requirements
• Maintaining your RTO registration and compliance obligations

We do not guarantee that use of the Service will ensure regulatory compliance. You should seek professional advice regarding your specific compliance obligations.

8.1 Uptime

We target 99.9% monthly uptime and operate within a documented service availability framework with severity-based response targets. The Service may be temporarily unavailable due to scheduled maintenance or circumstances beyond our control.

8.2 Maintenance

Planned maintenance windows are communicated in advance. Emergency maintenance may occur without notice where required to protect service security or stability.

8.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice of material changes.

Our collection and use of personal information is governed by our Privacy Policy, which is aligned with the Privacy Act 1988 (Cth) and Australian Privacy Principles. By using the Service, you consent to our data practices as described in the Privacy Policy.

10.1 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, condition, or right that cannot be excluded under the Australian Consumer Law or other applicable law.

10.2 Liability Cap

To the maximum extent permitted by law, our total liability for any claims arising from or related to the Service is limited to the amount you paid us in the 12 months preceding the claim.

10.3 Exclusions

We are not liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from your misuse of the Service
• Third-party actions or content
• Regulatory penalties or compliance failures

You agree to indemnify and hold harmless Upskroll, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of third parties.

12.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

12.2 Informal Resolution

Before initiating formal proceedings, you agree to contact us at support@upskroll.com to attempt to resolve the dispute informally.

13.1 Termination by You

You may terminate your account at any time by contacting us. You remain responsible for fees incurred before termination.

13.2 Termination by Us

We may terminate or suspend your account immediately if you breach these Terms or engage in prohibited activities.

13.3 Effect of Termination

• Your access to the Service will cease
• You may request a data export within 30 days
• We may delete Your Data after the retention period
• Provisions of these Terms that by their nature should survive will remain in effect

We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Your continued use after changes constitutes acceptance of the updated Terms.

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Upskroll regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

For questions about these Terms, please contact us: