{"id":15869,"date":"2024-07-20T19:26:35","date_gmt":"2024-07-20T09:26:35","guid":{"rendered":"https:\/\/whirligiglearning.com.au\/?page_id=15869"},"modified":"2026-01-12T15:43:59","modified_gmt":"2026-01-12T05:43:59","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/whirligiglearning.com.au\/?page_id=15869","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"<p>[et_pb_section fb_built=&#8221;1&#8243; admin_label=&#8221;Services&#8221; _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; custom_margin=&#8221;||||false|false&#8221; custom_padding=&#8221;1%||1%||true|false&#8221; locked=&#8221;off&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_row _builder_version=&#8221;4.27.5&#8243; _module_preset=&#8221;default&#8221; max_width=&#8221;1145px&#8221; custom_padding=&#8221;1%||1%|0px|true|false&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_column type=&#8221;4_4&#8243; _builder_version=&#8221;4.27.5&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_text _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; header_2_font=&#8221;Bebas Neue||||||||&#8221; header_2_font_size=&#8221;80px&#8221; custom_margin=&#8221;||||false|false&#8221; header_2_font_size_tablet=&#8221;42px&#8221; header_2_font_size_phone=&#8221;30px&#8221; header_2_font_size_last_edited=&#8221;on|phone&#8221; header_2_line_height_tablet=&#8221;1.2em&#8221; header_2_line_height_phone=&#8221;1.2em&#8221; header_2_line_height_last_edited=&#8221;on|tablet&#8221; locked=&#8221;off&#8221; global_colors_info=&#8221;{}&#8221;]<\/p>\n<h2>Terms &amp; Conditions<\/h2>\n<p>[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section][et_pb_section fb_built=&#8221;1&#8243; _builder_version=&#8221;4.19.0&#8243; _module_preset=&#8221;default&#8221; custom_padding=&#8221;0px||50px|||&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_row _builder_version=&#8221;4.27.0&#8243; _module_preset=&#8221;default&#8221; background_color=&#8221;#FFFFFF&#8221; width=&#8221;90%&#8221; max_width=&#8221;1920px&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_column type=&#8221;4_4&#8243; _builder_version=&#8221;4.27.0&#8243; _module_preset=&#8221;default&#8221; background_color=&#8221;#FFFFFF&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_accordion _builder_version=&#8221;4.27.5&#8243; _module_preset=&#8221;default&#8221; hover_enabled=&#8221;0&#8243; global_colors_info=&#8221;{}&#8221; sticky_enabled=&#8221;0&#8243;][et_pb_accordion_item title=&#8221;The Whirligig Terms and Conditions&#8221; open=&#8221;on&#8221; _builder_version=&#8221;4.27.5&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221; toggle_level=&#8221;h2&#8243; toggle_font=&#8221;Nunito Sans|600|||||||&#8221;]<\/p>\n<p>By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, \u201cUs\u201d, \u201cOur\u201d, \u201cWe\u201d and \u201cProvider\u201d refers to The Whirligig Group and \u201cClient\u201d, \u201cYou\u201d and \u201cYour\u201d refers to you, the client, visitor, website user or person using our websites.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">1. General Statement<\/span><\/strong><\/h2>\n<ul>\n<li>With each visit and use of the Site you signify your agreement to these Terms.<\/li>\n<li>These Terms were last modified on 17 November 2025.<\/li>\n<li>The Whirligig Group and its suppliers own the Whirligig trade names, brands and trademarks and the websites. Hereafter, Whirligig means The Whirligig Group Pty Ltd.<\/li>\n<li>Whirligig Material is defined as any intellectual property, legal materials, documents, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by Whirligig or the Site, including any portion thereof. Whirligig Services is defined as any Whirligig service.<\/li>\n<li>If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or Whirligig Material.<\/li>\n<li>The Whirligig Group includes the following entities:<\/li>\n<li><span>The Whirligig Group Pty Ltd<\/span><\/li>\n<li><span>PW Compliance Consulting Pty Ltd<\/span><\/li>\n<li><span>Achieve Best Practice Pty Ltd.<\/span><\/li>\n<li><span>MyHSEQ<\/span><\/li>\n<li><span>Manage My RTO<\/span><\/li>\n<li><span>Whirligig<\/span>SkillCard<\/li>\n<li><span>Whirligig Learning<\/span><\/li>\n<li><span>Whirligig Compliance Pty Ltd <\/span><\/li>\n<li>WG PODZ Pty Ltd\u00a0<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">2. Use of the Materials and Services<\/span><\/strong><\/h2>\n<ul>\n<li>You agree not to use any Whirligig Materials, Whirligig Platform and Whirligig Services for any purpose which is against any law in any jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">3. Whirligig Platforms \u2013 Hosted Services<\/span><\/strong><\/h2>\n<ol>\n<li>The Whirligig Platforms include:\n<ul>\n<li><span>Whirligig Compliance<\/span><\/li>\n<li><span>Whirligig Learning<\/span><\/li>\n<li><span>Whirligig Skill Card<\/span><\/li>\n<li><span>MyHSEQ<\/span><\/li>\n<li><span>Manage My RTO<\/span><\/li>\n<\/ul>\n<\/li>\n<li>Whirligig shall ensure that the Platform will, on the Effective Date, automatically generate an Account for the Client and provide to the Client login details for that Account on or promptly following the Effective Date.<\/li>\n<li>Whirligig hereby grants to the Client a worldwide, non-exclusive licence to use the Hosted Services on a Supported Web Browser for the internal business purposes of the Client in accordance with the Documentation during the Term.<\/li>\n<li>The licence granted by Whirligig to the Client under Clause 3.3 is subject to the following limitations:\n<ol>\n<li>the Hosted Services may only be used by the officers, Workers, agents, and subcontractors of the Client.<\/li>\n<li>the Hosted Services may only be used by the named users identified in the initial application, providing that the Client may change, add, or remove a designated named user in accordance with the procedure set out therein; and<\/li>\n<li>the Hosted Services must not be used at any point in time by more than the number of concurrent users specified in the original application, providing that the Client may add or remove concurrent user licences in accordance with the procedure set out therein; and<\/li>\n<li>the Client\u2019s designated users will not disclose their secure log in detail to others to use in their stead.\n<ol>\n<li>Except to the extent expressly permitted in this Agreement or required by law on a non-excludable basis, the licence granted by Whirligig to the Client under Clause 3.3 is subject to the following prohibitions:<\/li>\n<\/ol>\n<\/li>\n<li>the Client must not sub-license its right to access and use the Hosted Services.<\/li>\n<li>the Client must not permit any unauthorised person to access or use the Hosted Services.<\/li>\n<li>the Client must not use the Hosted Services to provide services to third parties.<\/li>\n<li>the Client must not republish or redistribute any content or material from the Hosted Services; and<\/li>\n<li>the Client must not make any alteration to the Platform<\/li>\n<li>The client or its officers, Workers, agents, and subcontractors shall not attempt to backwards engineer a copy of the services\n<ol>\n<li>The Client shall use reasonable endeavours, including reasonable security measures relating to Administrator Account access details, to ensure that no unauthorised person may gain access to the Hosted Services using an administrator Account.<\/li>\n<li>Whirligig shall use all reasonable endeavours to maintain the availability of the Hosted Services to the Client at the gateway between the public internet and the network of the hosting services provider for the Hosted Services but does not guarantee 100% availability.<\/li>\n<li>For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Agreement:<\/li>\n<\/ol>\n<\/li>\n<li>a Force Majeure Event.<\/li>\n<li>a fault or failure of the internet or any public telecommunications network.<\/li>\n<li>a fault or failure of the Client\u2019s computer systems or networks.<\/li>\n<li>any breach by the Client of this Agreement; or<\/li>\n<li>scheduled or notified maintenance carried out in accordance with this Agreement.\n<ol>\n<li>The Client must comply with Acceptable Use Policy and must ensure that all persons using the Hosted Services with the authority of the Client or by use of an Administrator Account comply Acceptable Use Policy.<\/li>\n<li>The Client must not use the Hosted Services in any way that causes, or may cause, damage to the Hosted Services or Platform or impairment of the availability or accessibility of the Hosted Services.<\/li>\n<li>The Client must not use the Hosted Services:<\/li>\n<\/ol>\n<\/li>\n<li>in any way that is unlawful, illegal, fraudulent, or harmful; or<\/li>\n<li>in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.<\/li>\n<li>as Consultancy advice, for Consulting you must engage WG formally\n<ol>\n<li>For the avoidance of doubt, the Client has no right to access the software code (including object code, intermediate code, and source code) of the Platform, either during or after the Term.<\/li>\n<li>Whirligig may suspend the provision of the Hosted Services if any amount due to be paid by the Client to Whirligig under this Agreement is overdue, and Whirligig has given to the Client at least 7 days\u2019 written notice following the amount becoming overdue, of its intention to suspend the Hosted Services on this basis.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<h2><strong><span style=\"color: #ff0000;\">4. Accounts<\/span><\/strong><\/h2>\n<ul>\n<li>When you create an account on our Site, you agree to the following:<\/li>\n<\/ul>\n<ol>\n<li style=\"list-style-type: none;\">\n<ol>\n<li>You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and<\/li>\n<li>All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<ul>\n<li>We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.\u00a0<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">5. Maintenance Services<\/span><\/strong><\/h2>\n<ul>\n<li>Whirligig shall provide the Maintenance Services to the Client during the Term.<\/li>\n<li>Whirligig shall where practicable, give to the Client at least 7 Business Days\u2019 prior written notice of scheduled Maintenance Services that are likely to affect the availability of the Hosted Services or are likely to have a material negative impact upon the Hosted Services, without prejudice to the Provider\u2019s other notice obligations under this main body of this Agreement, unless an urgent rectification is required to maintain the security of the platforms.<\/li>\n<li>Whirligig shall give to the Client at least 7 Business Days\u2019 prior written notice of the application of an Upgrade to the Platform.<\/li>\n<li>Whirligig shall publicise on its website the application of any system updates.<\/li>\n<li>Whirligig shall provide the Maintenance Services with reasonable skill and care \/ in accordance with the standards of skill and care reasonably expected from a leading service provider in the Provider\u2019s industry.<\/li>\n<li>Whirligig may suspend the provision of the Maintenance Services if any amount due to be paid by the Client to Whirligig under this Agreement is overdue, and Whirligig has given to the Client written notice, following the amount becoming overdue, of its intention to suspend the Maintenance Services on this basis.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">6. Support Services<\/span><\/strong><\/h2>\n<ul>\n<li>Whirligig shall provide the Support Services to the Client during the Term.<\/li>\n<li>Whirligig shall make available to the Client a helpdesk in accordance with the provisions of this main body of this Agreement.<\/li>\n<li>Whirligig shall provide the Support Services with reasonable skill and care \/ in accordance with the standards of skill and care reasonably expected from a leading service provider in the Provider\u2019s industry.<\/li>\n<li>The Client may use the helpdesk for the purposes of requesting and, where applicable, receiving the Support Services; and the Client must not use the helpdesk for any other purpose.<\/li>\n<li>Whirligig shall respond promptly (under the facts and circumstances at the time) to all requests for Support Services made by the Client through the helpdesk as per the Support Severity Definition and Response Times.<\/li>\n<li>Whirligig may suspend the provision of the Support Services if any amount due to be paid by the Client to Whirligig under this Agreement is overdue, and Whirligig has given to the Client written notice, following the amount becoming overdue, of its intention to suspend the Support Services on this basis.<\/li>\n<li>All requests for support for non-business hours shall be deemed to be After-Hours Support. After-Hours Support will be provided at hourly rate if the \u201cProvider\u201d has an available technician.<\/li>\n<li>Initial on-line training shall be provided for the system to one operator. Additional training is available from Whirligig or one of our Suppliers at hourly rate at a rate to be determined from time to time. At all times there is available \u201cHelp &amp; Tuition\u201d training within the system.\u00a0<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">7. Service Availability<\/span><\/strong><\/h2>\n<ul>\n<li>Our Platforms are hosted on AWS and Service Availability is provided in line with AWS Service Terms <span><a href=\"https:\/\/aws.amazon.com\/service-terms\/\">https:\/\/aws.amazon.com\/service-terms\/<\/a><\/span>\u00a0<\/li>\n<\/ul>\n<h2><a name=\"_Toc144813260\"><\/a><a name=\"_Toc21602225\"><\/a><a name=\"_Toc84500369\"><\/a><strong><span style=\"color: #ff0000;\">8. Continuous Improvement and Upgrades<\/span><\/strong><\/h2>\n<ul>\n<li>Whirligig runs an innovation, measured feedback and improvement development framework across our solution suite. This allows a great emphasis on continuous improvement for all our products while ensuring they remain relevant to our clients\u2019 needs.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">9. Acceptance<\/span><\/strong><\/h2>\n<ul>\n<li>All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (&#8220;Acceptance&#8221;) on installation of the Software.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">10. Indemnification<\/span><\/strong><\/h2>\n<ul>\n<li>Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, the Client agrees to indemnify and hold harmless the Whirligig Group, and its respective directors, shareholders, affiliates, officers, agents, Workers, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, Workers, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.<\/li>\n<li>Any claim against WG shall only be considered to the value of any subscription paid, no consideration shall be given to any claim for loss of earnings by the client or other expenditure incurred.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">11. Exclusion of Competitors<\/span><\/strong><\/h2>\n<ul>\n<li>If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Whirligig. Whirligig expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party, unless a formal &#8220;Reseller Agreement&#8221; is in place. If you breach this term, then Whirligig will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Whirligig reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">12. Intellectual Property<\/span><\/strong><\/h2>\n<ul>\n<li>All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, Integrated management system documents, industrial design and trade name (the &#8220;Intellectual Property&#8221;) that is developed or produced under this Agreement, will be the sole property of Whirligig, unless a formal agreement to share the IP has been agreed as part of our association. The use of the Intellectual Property by the Client will be restricted to use by the client for their business use only and may not be shared without express written approval of Whirligig. The materials are supplied for use Under Licence.<\/li>\n<li>Whirligig may not use the Intellectual Property of the Client, which constitutes the client\u2019s own business systems, documentation or proprietary processes of their business for any purpose other than that contracted for in this Agreement except with the written consent of the Client.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">13. Sale of Goods And Services<\/span><\/strong><\/h2>\n<ul>\n<li>These Terms and Conditions govern the sale of goods and services available on our Site.<\/li>\n<li>The following goods are available on our Sites:<\/li>\n<\/ul>\n<ol>\n<li>Software as a Service<\/li>\n<li>Compliance documents and forms<\/li>\n<li>Compliance administration workflows<\/li>\n<li>Training Materials\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>The services will be paid for in full when the services are ordered or paid by subscription.<\/li>\n<li>These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it or may have previously been available . This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.<\/li>\n<li>We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ol>\n<h2><strong><span style=\"color: #ff0000;\">14. Third Party Goods and Services<\/span><\/strong><\/h2>\n<ul>\n<li>Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">15. Subscriptions<\/span><\/strong><\/h2>\n<ul>\n<li>Your subscription automatically renews, and you will be automatically billed until we receive notification that you want to cancel the subscription.<\/li>\n<li>To cancel your subscription, complete the cancellation form.<\/li>\n<li>It is your responsibility to cancel any subscription with the required notice period, as refunds requested due to your inattention to renewal dates will not be considered.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">16. Payments<\/span><\/strong><\/h2>\n<ul>\n<li>We accept the following payment methods on our Site:<\/li>\n<\/ul>\n<ol>\n<li style=\"list-style-type: none;\">\n<ol>\n<li>Credit Card.<\/li>\n<li>PayPal; and<\/li>\n<li>Direct Debit.\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due under this payment instrument.<\/li>\n<li>If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.<\/li>\n<li>A retainer (the &#8220;Retainer&#8221;) may be payable by the Client upon execution of this Agreement. Note where a retainer is charged, works will not commence or be scheduled until the payment is received as clear funds.<\/li>\n<li>For the remaining amount, the Client will be invoiced every two weeks, or as otherwise agreed or itemised in our formal written quote.<\/li>\n<li>All invoices, quotes, services announcements and any other notifications will be sent to the Client via email.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<h2><strong><span style=\"color: #ff0000;\">17. Links to Other Websites<\/span><\/strong><\/h2>\n<ul>\n<li>Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.<\/li>\n<li>These websites are considered our Partners form time-to-tie. Their services are offered on a referral basis and a fee is payable to the Whirligig Group for a successful referral.\u00a0<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">18. Limitation of Liability<\/span><\/strong><\/h2>\n<ul>\n<li>Whirligig group and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">19. Warrants and Representations<\/span><\/strong><\/h2>\n<ul>\n<li>The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the licence to use this Software is not in violation of any other agreement, copyright or applicable statute.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">20. Indemnity<\/span><\/strong><\/h2>\n<ul>\n<li>Except where prohibited by law, by using this Site you indemnify and hold harmless Whirligig group and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.\u00a0<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">21. Confidentiality<\/span><\/strong><\/h2>\n<ul>\n<li>Confidential information (the &#8220;Confidential Information&#8221;) refers to any data or information relating to the business of the Client which would reasonably be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.<\/li>\n<li>Whirligig agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which Whirligig has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.<\/li>\n<li>All written and oral information and material disclosed or provided by the Client to Whirligig under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to Whirligig.<\/li>\n<li>It is solely the responsibility of the Client to keep Whirligig up to date on any changes in their contact details. Failure to do so may result in service expiry or inability to render ongoing services.<\/li>\n<li>An account with Whirligig is to be used only by the Client associated with the account. Individual account holders are prohibited from selling, reselling, storing or giving away Whirligig services to third parties.<\/li>\n<li>Whirligig reserves the right to refuse its services and\/or products to anyone. This includes the right to suspend or cancel a Client\u2019s access to existing services on the violation of this Terms of Agreement or at Whirligig\u2019 absolute discretion that the services have been abused or used inappropriately.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">22. Applicable Law<\/span><\/strong><\/h2>\n<ul>\n<li>These Terms and Conditions are governed by the laws of the State of Queensland.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">23. Consumer Protection Law<\/span><\/strong><\/h2>\n<ul>\n<li>Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.\u00a0<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">24. Severability<\/span><\/strong><\/h2>\n<ul>\n<li>If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">25. Changes<\/span><\/strong><\/h2>\n<ul>\n<li>These Terms and Conditions may be amended from time to time to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">26. Assignment<\/span><\/strong><\/h2>\n<ul>\n<li>Whirligig will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">27. Contact Details<\/span><\/strong><\/h2>\n<ul>\n<li>Please contact us if you have any questions or concerns.<\/li>\n<\/ul>\n<p>[\/et_pb_accordion_item][et_pb_accordion_item title=&#8221;Terms and Conditions \u2013 Training Services&#8221; _builder_version=&#8221;4.27.5&#8243; _module_preset=&#8221;default&#8221; hover_enabled=&#8221;0&#8243; global_colors_info=&#8221;{}&#8221; toggle_level=&#8221;h2&#8243; toggle_font=&#8221;Nunito Sans|600|||||||&#8221; open=&#8221;off&#8221; sticky_enabled=&#8221;0&#8243;]<\/p>\n<p>We offer Training under various partnering Agreements with Registered Training Organisations (RTO). We are bound by that RTO\u2019s requirements and the Standards for Registered Training Organisations (SRTO). Registered Training Organisation (RTO) are held accountable by Australian Skills Quality Authority (ASQA). To this end we have separate and additional policies and procedures that affect our business.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Training Delivery<\/span><\/strong><\/h2>\n<p>Whirligig provides training services, generally only by<\/p>\n<ol>\n<li>referring the Client to an RTO for Nationally Recognised Training<\/li>\n<li>Conducting \u201cUpskilling \u201c training which is not &#8220;Nationally Recognised Training&#8221;<\/li>\n<\/ol>\n<p>via:<\/p>\n<ul>\n<li>Online<\/li>\n<li>In person face-to-face<\/li>\n<li>Mixed Learning \u2013 combination of some elements online and some face-to-face<\/li>\n<\/ul>\n<h2><strong><span style=\"color: #ff0000;\">RPL Submission<\/span><\/strong><\/h2>\n<p>Applications for RPL are taken subject to the Partner RTO Terms &amp; Conditions. You are required to demonstrate<\/p>\n<ul>\n<li>100 points of ID<\/li>\n<li>Employment history<\/li>\n<li>2 years of relevant industry experience<\/li>\n<li>Knowledge and understanding<\/li>\n<li>Relevant skill levels to the qualification sought which may include<\/li>\n<li>Computer skills<\/li>\n<li>Time management skills<\/li>\n<li>People management skills<\/li>\n<li>Fluent English appropriate to the task to give and receive instruction<\/li>\n<\/ul>\n<p>The application process is managed within our Learning Management System. You generally must complete the application in full within 90 days to demonstrate your knowledge by providing relevant evidence which may include:<\/p>\n<ul>\n<li>Employment history<\/li>\n<li>Employer \/ client references relevant to the qualification<\/li>\n<li>project \/ task documentation<\/li>\n<li>Photos &amp; videos<\/li>\n<li>Completion of theory assessment<\/li>\n<li>Completion of relevant industry paperwork<\/li>\n<li>Competency conversation<\/li>\n<li>Interview<\/li>\n<\/ul>\n<p>Issue of a qualification certificate is at the sole discretion of the RTO. Our service is to assist with the submission of you\u2019re application<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Additional documents and procedures<\/span><\/strong><\/h2>\n<p>Are available (Auditor or Trainer level access may be required):<\/p>\n<ul>\n<li>Policies and Procedures for RTO<\/li>\n<li>Trainer Manuals<\/li>\n<li>Trainer Matrix<\/li>\n<li>CPD<\/li>\n<li>Industry engagement<\/li>\n<li>Training and assessment strategies<\/li>\n<li>Student handbook<\/li>\n<li>Student records<\/li>\n<li>Learning Management System<\/li>\n<li>Quality design Plan for resources<\/li>\n<li>Internal Audit Register<\/li>\n<li>Assessment Validation Records<\/li>\n<\/ul>\n<p>[\/et_pb_accordion_item][et_pb_accordion_item title=&#8221;Terms and Conditions \u2013 Support Severity Definitions and Response Times&#8221; _builder_version=&#8221;4.27.5&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221; toggle_level=&#8221;h2&#8243; toggle_font=&#8221;Nunito Sans|600|||||||&#8221; open=&#8221;off&#8221;]<\/p>\n<h3><a name=\"_Toc58340504\"><\/a><a name=\"_Toc97897936\"><\/a><a name=\"_Toc97582352\"><\/a><a name=\"_Toc144813257\"><\/a><strong><span style=\"color: #ff0000;\">Support Severity Definitions<\/span><\/strong><\/h3>\n<p><span>Support Desk has the following support severity definitions:<\/span><\/p>\n<p><span><\/span><\/p>\n<table width=\"922\" border=\"2\" style=\"height: 500px; border-style: solid; width: 922px; border-color: black;\" height=\"500\" cellpadding=\"2\" cellspacing=\"2\">\n<tbody>\n<tr>\n<td style=\"width: 116.181px;\"><strong>Severity Level<\/strong><\/td>\n<td style=\"width: 144.78px;\"><strong>Fault Type<\/strong><\/td>\n<td style=\"width: 641.725px;\"><strong>Impact of Incident<\/strong><\/td>\n<\/tr>\n<tr>\n<td style=\"width: 116.181px;\">1<\/td>\n<td style=\"width: 144.78px;\">Critical<\/td>\n<td style=\"width: 641.725px;\"><span>Client is unable to use Whirligig LMS and there is no workaround. Incidents identified to be clinical risk or which have the potential for data loss are automatically assigned this Severity Level.<\/span><\/td>\n<\/tr>\n<tr>\n<td style=\"width: 116.181px;\">2<\/td>\n<td style=\"width: 144.78px;\">Urgent<\/td>\n<td style=\"width: 641.725px;\"><span>An Incident where Client\u2019s Personnel are able to perform their work, possibly using a workaround, but there is a significant adverse impact on the Core System Workflow or a significant loss of productivity.<\/span><\/td>\n<\/tr>\n<tr>\n<td style=\"width: 116.181px;\">3<\/td>\n<td style=\"width: 144.78px;\">Normal<\/td>\n<td style=\"width: 641.725px;\"><span>An Incident where Client\u2019s Personnel are able to perform their work and the Incident has a moderate adverse impact on the System Workflow. A Severity Level 3 Incident affects a small amount of users or an isolated workflow component.<\/span><\/td>\n<\/tr>\n<tr>\n<td style=\"width: 116.181px;\">4<\/td>\n<td style=\"width: 144.78px;\">Low<\/td>\n<td style=\"width: 641.725px;\"><span>An Incident that has a minor or no adverse impact on a Site&#8217;s System Workflow or is a planned change in configuration. This includes minor imperfections and known limitations in the software requiring configuration management through change control processes. This Severity Level includes questions and assistance provided to systems administrators in the general management of the System.<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<h3><a name=\"_Toc97582353\"><\/a><a name=\"_Toc97897937\"><\/a><a name=\"_Toc144813258\"><\/a><strong><span style=\"color: #ff0000;\">Response Times<\/span><\/strong><\/h3>\n<p><span>Queensland Business Hours<\/span><\/p>\n<p><span><\/span><\/p>\n<table width=\"868\" border=\"2\" style=\"height: 239px; border-style: solid; width: 868px; border-color: black;\" height=\"239\" cellpadding=\"2\" cellspacing=\"2\">\n<tbody>\n<tr>\n<td style=\"width: 189.838px;\"><strong>During Business Hours Severity Level<\/strong><\/td>\n<td style=\"width: 185.625px;\"><strong>Time for Response<\/strong><\/td>\n<td style=\"width: 240.451px;\"><strong>Target Restoration Time<\/strong><\/td>\n<td style=\"width: 227.824px;\"><strong>Target Resolution Time<\/strong><\/td>\n<\/tr>\n<tr>\n<td style=\"width: 189.838px;\">1<\/td>\n<td style=\"width: 185.625px;\">30 minutes<\/td>\n<td style=\"width: 240.451px;\">Workaround 6 hours<\/td>\n<td style=\"width: 227.824px;\">Within 12 Hours (Full)<\/td>\n<\/tr>\n<tr>\n<td style=\"width: 189.838px;\">2<\/td>\n<td style=\"width: 185.625px;\">60 minutes<\/td>\n<td style=\"width: 240.451px;\">Workaround 18 hours<\/td>\n<td style=\"width: 227.824px;\">Within 24 Hours (Full)<\/td>\n<\/tr>\n<tr>\n<td style=\"width: 189.838px;\">3<\/td>\n<td style=\"width: 185.625px;\">4 Hours<\/td>\n<td style=\"width: 240.451px;\">Within 3 business days of identification of defect<\/td>\n<td style=\"width: 227.824px;\">Within 3 business days of identification of defect<\/td>\n<\/tr>\n<tr>\n<td style=\"width: 189.838px;\">4<\/td>\n<td style=\"width: 185.625px;\">8 Hours<\/td>\n<td style=\"width: 240.451px;\">Resolved in the next version or release of the software<\/td>\n<td style=\"width: 227.824px;\">Resolved in the next version or release of the software<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>&nbsp;<\/p>\n<p>[\/et_pb_accordion_item][et_pb_accordion_item title=&#8221;Terms and Conditions \u2013 Audit Services&#8221; _builder_version=&#8221;4.27.5&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221; toggle_level=&#8221;h2&#8243; toggle_font=&#8221;Nunito Sans|600|||||||&#8221; open=&#8221;off&#8221;]<\/p>\n<p>All Audits shall be conducted in accordance with the \u201cExemplar Global\u201d Code of conduct:<\/p>\n<p><span><a href=\"https:\/\/exemplarglobal.org\/wp-content\/uploads\/2022\/08\/PCF01-Code-of-Conduct.pdf\">https:\/\/exemplarglobal.org\/wp-content\/uploads\/2022\/08\/PCF01-Code-of-Conduct.pdf<\/a><\/span><\/p>\n<h2><strong><span style=\"color: #ff0000;\">Timesheets<\/span><\/strong><\/h2>\n<p>Whirligig does not offer the availability of Time sheets as our services are for a Quoted service:<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Reimbursement Of Expenses<\/span><\/strong><\/h2>\n<p>Whirligig will be reimbursed from time to time for reasonable and necessary expenses incurred by Whirligig in connection with providing the Services. Whirligig will only be reimbursed for expenses submitted according to the following guidelines:<\/p>\n<ol>\n<li>Whirligig will be reimbursed for travel and accommodation expenses, subject to provision of receipts for expenses incurred, unless travel and accommodation has been quoted as a fixed cost item.<\/li>\n<li>or fees for any external consultants engaged at the request of the client, where an external consultant or provider is engaged, payment in full for those services must be made in full or as otherwise agreed in writing before formal engagement of that external consultant<\/li>\n<\/ol>\n<h2><span style=\"color: #ff0000;\">Return Of Property<\/span><\/h2>\n<p>Upon the expiry or termination of this Agreement, Whirligig will return to the Client any property, documentation, records, or Confidential Information, which is the property of the Client, unless retention of copies are required for Audit evidence.<\/p>\n<p>The Client will cease to use any documents of the Integrated Management System upon termination of this agreement and must delete any of the Whirligig group\u2019s documentation or systems\u00a0 that may have been downloaded for use, from the \u201cIntegrated Management System with or without our permission. The Client agrees to provide access to their servers or other storage devices upon request to demonstrate compliance if requested by the Whirligig Group.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Access to sites and information<\/span><\/strong><\/h2>\n<p>Our client must:<\/p>\n<ol>\n<li>allow Whirligig reasonable access to its premises and facilities as reasonably necessary for Whirligig to supply the Services; and<\/li>\n<li>provide Whirligig with information in its possession or control that Whirligig reasonably requires to supply the Services.<\/li>\n<\/ol>\n<h2><strong><span style=\"color: #ff0000;\">Key Personnel &#8211; <em>Whirligig<\/em><\/span><\/strong><\/h2>\n<p>shall use its reasonable endeavours to ensure that the Key Personnel are actively involved in supplying the Services during the Term, ensuring that they perform in a way that complies with this agreement.<\/p>\n<p>must notify Our Client if any of its Key Personnel are no longer to be employed or engaged by <strong><em>Whirligig<\/em><\/strong><strong><em>, where that information is relevant <\/em><\/strong><\/p>\n<p>may replace its Key Personnel only with people approved by the Our Management; and<\/p>\n<p>must, if Our Client reasonably requests <strong><em>Whirligig to<\/em><\/strong> replace any Key Personnel or other personnel that work on the Services, appoint a suitable replacement for any such Key Personnel subject to Our Client\u2019s reasonable prior approval of the proposed replacement, this clause may only be invoked where a substantial conflict of interest may cause an impediment to performance of duties by the Whirligig Group and its officers or workers.<\/p>\n<h3><span>Personnel<\/span><\/h3>\n<p><strong><em>Whirligig must<\/em><\/strong> ensure that:<\/p>\n<p>it has sufficient, suitable Workers to perform its obligations under this agreement.<\/p>\n<p>its Workers and contractors comply with:<\/p>\n<p>this agreement to the extent required to enable <strong><em>Whirligig to<\/em><\/strong> perform its obligations under this agreement; and<\/p>\n<p>the usual staff, safety and security practices of Our Client as notified by Our Client to <strong><em>Whirligig from<\/em><\/strong> time to time while attending the premises of Our Client.<\/p>\n<h3><strong><span style=\"color: #ff0000;\">CAPACITY\/INDEPENDENT CONTRACTOR<\/span><\/strong><\/h3>\n<ol start=\"20\">\n<li>In providing the Services under this Agreement it is expressly agreed that Whirligig is acting as an independent contractor and not as an employee. Whirligig and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.<\/li>\n<\/ol>\n<h2><span style=\"color: #ff0000;\">RIGHT OF SUBSTITUTION<\/span><\/h2>\n<ol start=\"21\">\n<li>Except as otherwise provided in this Agreement, Whirligig may, at Whirligig &#8216;s absolute discretion, engage a third-party sub-contractor to perform some or all the obligations of Whirligig under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.<\/li>\n<li>If Whirligig hires a sub-contractor:<\/li>\n<\/ol>\n<ul>\n<li>Whirligig will pay the sub-contractor for its services and the Compensation will remain payable by the Client to Whirligig refer clause 12 of this agreement.<\/li>\n<li>for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of Whirligig and not an agent of the Client.<\/li>\n<\/ul>\n<h3><strong><span style=\"color: #ff0000;\">AUTONOMY<\/span><\/strong><\/h3>\n<ol start=\"23\">\n<li>Except as otherwise provided in this Agreement, Whirligig will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. Whirligig will work autonomously and not at the direction of the Client. However, Whirligig will be responsive to the reasonable needs and concerns of the Client.<\/li>\n<\/ol>\n<h3><strong><span style=\"color: #ff0000;\">EQUIPMENT<\/span><\/strong><\/h3>\n<ol start=\"24\">\n<li>Except as otherwise provided in this Agreement, Whirligig will provide at the<\/li>\n<\/ol>\n<p>Consultant\u2019s own expense, all equipment, software, materials and any other supplies necessary to deliver the Services in accordance with the Agreement unless specialised equipment is required to perform the task and this equipment has been specified or requested by the client, then the associated costs will be dealt with in accordance with clause 12 of this agreement.<\/p>\n<p>[\/et_pb_accordion_item][et_pb_accordion_item title=&#8221;Terms and Conditions \u2013 Consulting and Mentoring Services&#8221; _builder_version=&#8221;4.27.5&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221; toggle_level=&#8221;h2&#8243; toggle_font=&#8221;Nunito Sans|600|||||||&#8221; open=&#8221;off&#8221;]<\/p>\n<p>The Client hereby agrees to engage Whirligig to provide the Client with the following consulting services (the &#8220;Services&#8221;):<\/p>\n<ul>\n<li>Business Strategy Facilitation<\/li>\n<li>Critical Issue Investigation and Resolution (Trouble Shooting)<\/li>\n<li>Organisational Capability Development<\/li>\n<li>Joint Venture and Tender Response Development<\/li>\n<li>Quality, safety and environmental compliance<\/li>\n<li>ISO &amp; Compliance Audit and Review<\/li>\n<li>Management Consulting<\/li>\n<li>Specialist Consulting<\/li>\n<li>Mentoring to Compliance with the relevant ISO Standards or relevant Licence applications for which Whirligig Group has been engaged to assist in the application process<\/li>\n<\/ul>\n<p>The Services will also include any other consulting tasks which the Parties may agree on. Whirligig hereby agrees to provide such Services to the Client.<\/p>\n<p>3a. must supply all Services, and all services necessarily incidental to the Services, to Our Client:<\/p>\n<p>(1)\u00a0\u00a0\u00a0 in accordance with the Services Specifications.<\/p>\n<p>\u00a0(2)\u00a0\u00a0\u00a0 in accordance with any due dates for the Services.<\/p>\n<p>\u00a0(3)\u00a0\u00a0\u00a0 in accordance with, and to meet, the Service Levels.<\/p>\n<p>\u00a0(4)\u00a0\u00a0\u00a0 in accordance with Our Client\u2019s reasonable directions from time to time.<\/p>\n<p>(5)\u00a0\u00a0\u00a0 to the best of Whirligig abilities and knowledge.<\/p>\n<p>\u00a0(6)\u00a0\u00a0\u00a0 in a professional, efficient and safe manner, without negligence; and<\/p>\n<p>\u00a0(7)\u00a0\u00a0\u00a0 in compliance with all applicable standards, awards, laws and regulations (including, without limitation, awards and laws applicable to the Whirligig Workers).<\/p>\n<p>(b) Whirligig must cooperate with and work with all other contractors and suppliers of goods and services to Our Client as may reasonably be required in connection with the Services if requested by Our Client.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Timesheets<\/span><\/strong><\/h2>\n<p><strong><em>Whirligig must<\/em><\/strong> if requested by Our Client:<\/p>\n<p>(a)\u00a0\u00a0\u00a0 at the end of each month, or any longer period requested by Our Client, during the Term, submit time sheets, unless the works is at a quoted rate, for personnel used by <strong><em>Whirligig to<\/em><\/strong> supply the Services; and<\/p>\n<p>(b)\u00a0\u00a0\u00a0 verify to Our Client\u2019s reasonable satisfaction the details of any time sheet submitted under clause 5.2(a).<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Reimbursement of Expenses<\/span><\/strong><\/h2>\n<p>Whirligig will be reimbursed from time to time for reasonable and necessary expenses incurred by Whirligig in connection with providing the Services. Whirligig will only be reimbursed for expenses submitted according to the following guidelines:<\/p>\n<p>Whirligig will be reimbursed for travel and accommodation expenses, subject to provision of receipts for expenses incurred, unless travel and accommodation has been quoted as a fixed cost item.<\/p>\n<p>or fees for any external consultants engaged at the request of the client, where an external consultant or provider is engaged, payment in full for those services must be made in full or as otherwise agreed in writing before formal engagement of that external consultant<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Return of Property<\/span><\/strong><\/h2>\n<p>Upon the expiry or termination of this Agreement, Whirligig will return to the Client any property, documentation, records, or Confidential Information, which is the property of the Client, unless retention of copies are required for Audit evidence.<\/p>\n<p>The Client will cease to use any documents of the Integrated Management System upon termination of this agreement and must delete any of the Whirligig group\u2019s documentation or systems\u00a0 that may have been downloaded for use, from the \u201cIntegrated Management System with or without our permission. The Client agrees to provide access to their servers or other storage devices upon request to demonstrate compliance if requested by the Whirligig Group.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Access to sites and information<\/span><\/strong><\/h2>\n<p>Our Client must:<\/p>\n<p>(a)\u00a0\u00a0\u00a0 allow <strong><em>Whirligig reasonable<\/em><\/strong> access to its premises and facilities as reasonably necessary for <strong><em>Whirligig to<\/em><\/strong> supply the Services; and<\/p>\n<p>(b)\u00a0\u00a0\u00a0 provide <strong><em>Whirligig with<\/em><\/strong> information in its possession or control that <strong><em>Whirligig reasonably<\/em><\/strong> requires to supply the Services.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Key Personnel &#8211; <em>Whirligig:<\/em><\/span><\/strong><\/h2>\n<p>shall use its reasonable endeavours to ensure that the Key Personnel are actively involved in supplying the Services during the Term, ensuring that they perform in a way that complies with this agreement.<\/p>\n<p>must notify Our Client if any of its Key Personnel are no longer to be employed or engaged by <strong><em>Whirligig<\/em><\/strong><strong><em>, where that information is relevant<\/em><\/strong><\/p>\n<p>may replace its Key Personnel only with people approved by the Our Management; and<\/p>\n<p>must, if Our Client reasonably requests <strong><em>Whirligig to<\/em><\/strong> replace any Key Personnel or other personnel that work on the Services, appoint a suitable replacement for any such Key Personnel subject to Our Client\u2019s reasonable prior approval of the proposed replacement, this clause may only be invoked where a substantial conflict of interest may cause an impediment to performance of duties by the Whirligig Group and its officers or workers.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Personnel<\/span><\/strong><\/h2>\n<p><strong><em>Whirligig must<\/em><\/strong> ensure that:<\/p>\n<p>(a)\u00a0\u00a0\u00a0 it has sufficient, suitable Workers to perform its obligations under this agreement.<\/p>\n<p>(b)\u00a0\u00a0\u00a0 its Workers and contractors comply with:<\/p>\n<p>(1)\u00a0\u00a0\u00a0 this agreement to the extent required to enable <strong><em>Whirligig to<\/em><\/strong> perform its obligations under this agreement; and<\/p>\n<p>(2)\u00a0\u00a0\u00a0 the usual staff, safety and security practices of Our Client as notified by Our Client to <strong><em>Whirligig from<\/em><\/strong> time to time while attending the premises of Our Client.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">CAPACITY\/INDEPENDENT CONTRACTOR<\/span><\/strong><\/h2>\n<ol start=\"20\">\n<li>In providing the Services under this Agreement it is expressly agreed that Whirligig is acting as an independent contractor and not as an employee. Whirligig and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.<\/li>\n<\/ol>\n<h2><strong><span style=\"color: #ff0000;\">RIGHT OF SUBSTITUTION<\/span><\/strong><\/h2>\n<ol start=\"21\">\n<li>Except as otherwise provided in this Agreement, Whirligig may, at Whirligig &#8216;s absolute discretion, engage a third-party sub-contractor to perform some or all of the obligations of Whirligig under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.<\/li>\n<li>If Whirligig hires a sub-contractor:<\/li>\n<\/ol>\n<ul>\n<li>Whirligig will pay the sub-contractor for its services and the Compensation will remain payable by the Client to Whirligig refer clause 12 of this agreement.<\/li>\n<li>for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of Whirligig and not an agent of the Client.<\/li>\n<\/ul>\n<h3><strong><span style=\"color: #ff0000;\">AUTONOMY<\/span><\/strong><\/h3>\n<ol start=\"23\">\n<li>Except as otherwise provided in this Agreement, Whirligig will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. Whirligig will work autonomously and not at the direction of the Client. However, Whirligig will be responsive to the reasonable needs and concerns of the Client.<\/li>\n<\/ol>\n<h3><strong><span style=\"color: #ff0000;\">EQUIPMENT<\/span><\/strong><\/h3>\n<ol start=\"24\">\n<li>Except as otherwise provided in this Agreement, Whirligig will provide at the<\/li>\n<\/ol>\n<p>Consultant\u2019s own expense, all equipment, software, materials and any other supplies necessary to deliver the Services in accordance with the Agreement unless specialised equipment is required to perform the task and this equipment has been specified or requested by the client then the associated costs will be dealt with in accordance with clause 12 of this agreement.<\/p>\n<p>[\/et_pb_accordion_item][et_pb_accordion_item title=&#8221;Terms and Conditions \u2013 Website Development&#8221; _builder_version=&#8221;4.27.5&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221; toggle_level=&#8221;h2&#8243; toggle_font=&#8221;Nunito Sans|600|||||||&#8221; open=&#8221;off&#8221;]<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Website Design, Development &amp; Support<\/span><\/strong><\/h2>\n<p>Whirligig will provide a questionnaire that must be completed by the client. This document requests information relating to the potential site \u201cLook and Feel\u201d and will form the basis for development of the site. It is critical that the Client takes due care to answer all the questions to provide us with formal guidance on the site. We do not claim to be marketing experts; the content of the site is the Client\u2019s responsibility<\/p>\n<p>The Client will receive a website design mock-up based on the design brief submitted. The Client may request a reasonable number of changes to the concepts until the design is to satisfaction. Approximately 2-5 is normal.<\/p>\n<p>Hosting of the site is the Client\u2019s responsibility; this ensures that the Client maintains control and this minimises the potential for issues if the Client decides to shift to another provider.<\/p>\n<p>The website, graphics and any programming code remain the property of Whirligig until all outstanding accounts are paid in full.<\/p>\n<p>If a logo has been purchased from Whirligig alongside a website design, the logo will need to be signed off on before the website design commences.<\/p>\n<p>Whirligig WordPress websites are self-managed, and Whirligig is not responsible for any copy, editing or updating of the Client\u2019s website. Whirligig is under no obligation to do any work on your website unless otherwise contracted to do so.<\/p>\n<p>All websites and landing pages will be delivered as shells with pages\/posts filled with dummy or previously provided text and images. The Client is solely responsible for inserting copy, products and\/or images etc, unless Whirligig has been engaged to insert the content.<\/p>\n<p>While the Client maintains full ownership of the website\u2019s content and design (after the balance has been paid), some elements of the website designs remain the copyright of Whirligig.<\/p>\n<p>Support, FAQs and manuals are available free of charge in each user account and on our schedule of fees and charges.<\/p>\n<p>Two hours of WordPress CMS Training is provided as part of the quote for website design. Added training sessions are billable at our schedule of fees and charges.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Hosting<\/span><\/strong><\/h2>\n<p>Should hosting be purchased through Whirligig, each website account is allocated the stated bandwidth and disk space, and any additional usage will incur an additional charge. Whirligig will monitor the Client\u2019s usage and if Whirligig anticipates that your website may require more bandwidth\/disk space, the allocation will be increased and purchased automatically. Please see our website for allocations and pricing. When additional bandwidth\/disk space is purchased, the activation of the disk space is provided as the website requires it up to the purchased amount. Although Whirligig monitors the bandwidth\/disk space usage of the Client\u2019s website, Whirligig does not take responsibility for any website going offline due to exceeding bandwidth or disk space. In the event of a website going offline due to bandwidth or disk space issues, however, Whirligig will endeavour to return it to its last working state should the Client reactivate or update their hosting service.<\/p>\n<p>On all Whirligig websites there is a built-in authorship anchor tag that links to the Whirligig website. This anchor is linked from the footer of the Client\u2019s website. The footer link cannot be removed during the\u00a0 contract period with Whirligig.<\/p>\n<p>Whirligig will provide a warranty for the term of 90 days after the date of Website completion (as stated by email to the Client) in which bugs and defects presented to Whirligig will be repaired at no charge. Once this 90-day term expires, Whirligig will not be liable for any bugs or defects that present themselves or are otherwise missed by the Client. Changes, fixes and bugs (outside the warranty stated under Website Hosting item 1) may be billable.<\/p>\n<p>A warranty will also be provided once the website is put live for the span of 12 months to cover any hosting issues, including but not limited to: server updates, server restarts and server patches. It is up to Whirligig to decide what constitutes a bug that is a result of hosting issues covered above.<\/p>\n<p>Whirligig will endeavour to fix all issues that we are notified of, within 48 hours of bringing the problem to our attention, or upon acceptance of quote for fix (whichever applicable).<\/p>\n<p>Whirligig only supports web browsers released within the term of 12 months after the date of Website completion. Any required compatibility may incur an additional charge.<\/p>\n<p>Whirligig is not liable if an email newsletter or HTML based email\u00a0 does not display properly if the email client\/program\/website\/application does not support current standards for email development.<\/p>\n<p>Whirligig is not liable in the event of bugs and issues once a completed website is removed from its originally installed server without Client\u2019s notice to Whirligig (unless otherwise stipulated in a previously stated warranty).<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Financial Arrangements for Websites<\/span><\/strong><\/h2>\n<p>The cost of the Whirligig Website (including, but not limited to Brochure Websites, Shopping Cart Websites and Landing Pages) is a set price for design and installation. Digital Development guarantees no ongoing fees (unless otherwise contracted to invoice for ongoing fees).<\/p>\n<p>Quoted estimates are valid for 30 days from the date of issue. Our payment schedule is as follows:<\/p>\n<p>40% of the total project cost as a deposit prior to the commencement of work.<\/p>\n<p>40% of the total cost will be invoiced on final approval of full website mock-up<\/p>\n<p>The final balance of 20% will be invoiced upon project completion &amp; testing at the commencement of the 90-day warranty.<\/p>\n<p>In the event of any variations or extensions to the project or should the Client wish to engage Whirligig on a time and material basis, all work will be undertaken in accordance with our hourly rates.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Graphic Design<\/span><\/strong><\/h2>\n<p>The deposit for graphic design work is due upon acceptance of the quote. The balance is due when the artwork has been approved, prior to the final sending of graphical files.<\/p>\n<p>Any further changes after sign-off will need to be quoted and billed separately.<\/p>\n<p>For logo design services, Clients will receive 3 design concepts by email based on the design brief. Clients can request a reasonable number of changes to their chosen concepts until the design is to their satisfaction. Approx. 2-5 rounds of changes are normal.<\/p>\n<p>Upon sign-off the Client will receive the final graphic design files via email or through alternative file delivery methods.<\/p>\n<p>Whirligig hands all artwork over in a print ready file for the Client\u2019s use. It is the responsibility of the Client to check all content, contact emails, phone numbers, email address or any other requested details are correct. Whirligig will not be held responsible legally or otherwise for any errors on the artwork that was not noticed prior to artwork use, including, but not limited to, spelling, grammar, colour issues or typing errors. Whirligig recommends getting a \u201cChem Proof\u201d from your printer prior to the final print run.<\/p>\n<p>All Whirligig graphic designs remain the copyright of the Client. Ownership will be transferred to the Client upon receipt of full payment.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Domain Registration<\/span><\/strong><\/h2>\n<p>Whirligig offers to apply for a preferred domain name but it is subject to approval by the Domain name registration authority.<\/p>\n<p>There is no guarantee made by Whirligig that the requested domain name(s) are available or are able to be registered under the requested suffix.<\/p>\n<p>Whirligig is in no way liable for the requirements of domain names, including \u2013 but not limited to \u2013 domain name registration, renewal and\/or transfer.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Hosting Services<\/span><\/strong><\/h2>\n<p>Whirligig expressly does not host code written by anyone other than Digital Development developers (past or present).<\/p>\n<p>Whirligig guarantees the health of the WordPress Website through various browser updates and providing remedies to styling issues when said Website is built by Whirligig and is still within a period of a year while the website is hosted with Whirligig. It is up to the discretion of Whirligig to decide what issues merit guarantee. Fixes of these problems mentioned incurs no charge, and services for Website fixes or changes which fall outside of these stipulations are billable.<\/p>\n<p>Invoices for Yearly Hosting Services are invoiced for a month in advance. Hosting invoices are due within 30 days of issue; failure to complete the balance of the invoice may result in an interruption of service.<\/p>\n<p>Should a Client\u2019s Service be interrupted, a reconnection fee of $65+gst will be added to the outstanding bill.<\/p>\n<p>Reconnection of interrupted service may take up to 48 hours.<\/p>\n<p>Whirligig assumes no responsibility for the timelines, deletion, mis-delivery or failure to store your communications, personalisation settings or any other information stored on the Client\u2019s hosting service.<\/p>\n<p>Whirligig is not liable for any content that is linked and\/or embedded from an external source that may disappear due to the server\u2019s connection that the linked\/embedded content resides on is interrupted. Additionally, should the linked or embedded content breach copyright or any other associated laws (including those stated in this Terms Agreement), Whirligig reserves the right to remove it without notice to the Client.<\/p>\n<p>In the event of server compromise, Whirligig will endeavour to return the Client\u2019s website to its previous working state as soon as is reasonable but is not responsible for the content lost when reinstating any website that has been compromised.<\/p>\n<p>Whirligig is not liable for any compromise due to outdated WordPress software and plugins, or outdated browser software, where the Client has failed to follow the directions of Whirligig about an issue.<\/p>\n<p>In the event of website compromise due to outdated WordPress software and\/or plugins, the Client will be billed for updating the website installation.<\/p>\n<p>If the Client refuses the service of updating WordPress and associated plugins, Whirligig reserves the right to void all warranties and guarantees associated with a contract with Whirligig, and to refuse to continue to offer services.<\/p>\n<p>Whirligig holds the Client under no contractual obligation to indefinitely continue hosting with Whirligig and services may be terminated at any time. Bills paid in advance are non-refundable, and all outstanding invoices must be paid in full.<\/p>\n<p>Additional capacity and bandwidth may be purchased for a fee and are applicable for the term of the hosting until the next invoice for renewal (once yearly) or until a month has passed, whichever comes first.<\/p>\n<p>Whirligig reserves the right to change the price of hosting packages without notice. Existing hosting services rendered will not be hitherto affected by any pricing change unless Client is otherwise notified.<\/p>\n<p>If the Client informs Whirligig to place their website on another server, a Set Up Fee may be incurred based on the type and location of the server, as well as the complexity of the website being built.<\/p>\n<p>You are responsible for keeping a copy of any existing Web Site which we may replace pursuant to the provision of web design services including all databases and hosted files. Whirligig can provide an archival solution for the existing website at our standard commercial rates.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Transfer<\/span><\/strong><\/h2>\n<p>This agreement may not be transferred under any circumstances except for written consent from Whirligig.<\/p>\n<p>Whirligig websites can be transferred away from Whirligig servers at any time, but all warranties become void and Whirligig will no longer be liable for the website or its contents. Domain names will always remain the property of the Client and are \u2013 if possible \u2013 registered under the Client who ordered them.<\/p>\n<p>This Terms Agreement establishes the absolute understanding of all parties involved. Upon the renewal of services pertaining to this Agreement, any changes or modifications made within the term of service are thereto agreed to by both parties.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Website Content<\/span><\/strong><\/h2>\n<p>Content must not be illegal or unlawful, must not infringe any person\u2019s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).<\/p>\n<p>3.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not:<\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 be libellous or maliciously false.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 be obscene, defamatory, invasive of privacy, indecent or otherwise objectionable.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 infringe any right of confidence, right of privacy or right under data protection legislation.<\/p>\n<p>(e)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 constitute negligent advice or contain any negligent statement.<\/p>\n<p>(f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity.<\/p>\n<p>(g)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 be in contempt of any court, or in breach of any court order.<\/p>\n<p>(h)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 constitute a breach of racial or religious hatred or discrimination legislation.<\/p>\n<p>(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 be blasphemous.<\/p>\n<p>(j)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 constitute a breach of official secrets legislation; or<\/p>\n<p>(k)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 constitute a breach of any contractual obligation owed to any person.<\/p>\n<p>3.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Graphic material<\/span><\/strong><\/h2>\n<p>4.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Content must be appropriate for all persons who have access to or are likely to access the Content in question, and for children over 12 years of age (also refer Schedule 2, 1.5)<\/p>\n<p>4.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Content must not depict violence in an explicit, graphic, or gratuitous manner.<\/p>\n<p>4.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Content must not be pornographic or sexually explicit.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Factual accuracy<\/span><\/strong><\/h2>\n<p>5.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Content supplied by the Client must not be untrue, false, inaccurate, or misleading.<\/p>\n<p>5.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Statements of fact contained in Content and relating to persons (legal or natural) and evidentiary information and data supplied by the Client must be true.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Negligent advice<\/span><\/strong><\/h2>\n<p>Content supplied by the Client must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Etiquette<\/span><\/strong><\/h2>\n<p>7.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Content must be appropriate, civil, and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.<\/p>\n<p>7.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory, or inflammatory.<\/p>\n<p>7.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Content must not be liable to cause annoyance, inconvenience, or needless anxiety.<\/p>\n<p>7.4\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 You must not use the Services to send any hostile communication, or any communication intended to insult, including such communications directed at a particular person or group of people.<\/p>\n<p>7.5\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 You must not use the Services for the purpose of deliberately upsetting or offending others.<\/p>\n<p>7.6\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.<\/p>\n<p>7.7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 You must always be courteous and polite to other users of the Services.<\/p>\n<h2><strong><span style=\"color: #ff0000;\">Hardware, Equipment &amp; Software<\/span><\/strong><\/h2>\n<p>It is assumed that the Client does not have the required knowledge to maintain the Whirligig WordPress website. The Client agrees that it is not the responsibility of Whirligig to provide this knowledge or maintain the website in the Client\u2019s stead without the purchase of additional services and the previously defined support.<\/p>\n<p>Whirligig makes no guarantees, assurances or warranties that the compatibility with the Client\u2019s computer equipment and\/or software will be compatible with any Whirligig product or service.<\/p>\n<p>It is the Client\u2019s sole responsibility to provide all personal or company details necessary for the access to Whirligig websites.<\/p>\n<p>[\/et_pb_accordion_item][\/et_pb_accordion][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Terms &amp; ConditionsBy using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, \u201cUs\u201d, \u201cOur\u201d, \u201cWe\u201d and \u201cProvider\u201d refers to The Whirligig Group and \u201cClient\u201d, \u201cYou\u201d and \u201cYour\u201d refers to you, the client, visitor, website user or person using our websites. 1. General [&hellip;]<\/p>\n","protected":false},"author":47,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"class_list":["post-15869","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/whirligiglearning.com.au\/index.php?rest_route=\/wp\/v2\/pages\/15869","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/whirligiglearning.com.au\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/whirligiglearning.com.au\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/whirligiglearning.com.au\/index.php?rest_route=\/wp\/v2\/users\/47"}],"replies":[{"embeddable":true,"href":"https:\/\/whirligiglearning.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15869"}],"version-history":[{"count":5,"href":"https:\/\/whirligiglearning.com.au\/index.php?rest_route=\/wp\/v2\/pages\/15869\/revisions"}],"predecessor-version":[{"id":63485,"href":"https:\/\/whirligiglearning.com.au\/index.php?rest_route=\/wp\/v2\/pages\/15869\/revisions\/63485"}],"wp:attachment":[{"href":"https:\/\/whirligiglearning.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15869"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}