Terms

Last updated: August 2025

Website: https://rising.associates

1. Definitions and interpretation

In these Terms, we, us, and our mean "rising.associates". You means the person or organisation using the website or purchasing any Product or Service. Site means our website at rising.associates and any pages or portals we operate. Products include digital items such as templates, manuals, e-learning modules, and other downloads. Services include consultancy, advisory, and training (in person or online). Order means a confirmed purchase on the Site or under a signed proposal. GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Headings are for convenience only. “Including” means “including without limitation.”

2. Acceptance of these Terms

By accessing the Site, creating an account, or placing an Order, you agree to these Terms. If you use the Site on behalf of an organisation, you warrant that you are authorised to bind that organisation, and “you” includes that organisation.

3. Eligibility and territory

The Site is intended for business and professional use by persons 18 years and over. We operate from Australia and primarily serve Australian vocational and higher-education providers. We may serve overseas providers seeking to establish or expand in Australia. You are responsible for complying with local laws in your jurisdiction.

4. Accounts and information you provide

You must keep your account credentials secure and ensure all information you provide is true, accurate, and up to date. You are responsible for all activity on your account. We may suspend or close accounts where we reasonably suspect misuse, fraud, or a breach of these Terms.

5. Information on the Site

We aim to keep descriptions, prices, and availability accurate, but content may change without notice. We may correct errors or omissions and update content at any time.

6. Orders and formation of contract

Your Order is an offer to buy. A binding contract forms when we issue an Order confirmation or commence supply, whichever occurs first. We may decline an Order for any lawful reason, including stock or availability of digital licences, pricing error, or suspected misuse.

7. Prices, GST, and invoices

Prices are shown in AUD and prices are GST-inclusive unless stated otherwise. We may change prices at any time before you place an Order. If required, we will issue a valid tax invoice.

8. Payment and payment processing

You authorise us and our payment processor to charge your chosen payment method for the total price, taxes, and fees. You must ensure funds are available. If a charge is disputed or reversed, you remain liable for the amount and any reasonable recovery costs. We do not store full card details on our servers.

9. Delivery and access to digital Products

Digital Products are delivered by download link or email to the address you provide. Access links may be time-limited. Please download and back up files promptly. We may update files from time to time to correct errors or improve clarity; access to updates may require an account.

10. Licence to digital Products

On payment, we grant you a non-exclusive, non-transferable licence for your organisation’s internal use by a single legal entity. You must not resell, sub-licence, publish, post to public repositories, share outside your entity, or remove proprietary notices. You must not reverse engineer or create derivative works other than reasonable adaptations for your internal use. Multi-entity or reseller licensing requires our prior written consent.

11. Services and statements of work

Consultancy and training Services are supplied under a proposal or statement of work that sets scope, deliverables, fees, and timing. If there is inconsistency, the statement of work prevails over these Terms. You will provide timely access to information, systems, and personnel reasonably required for us to perform the Services.

12. Your materials and our use of them

You retain ownership of materials you supply to us. You grant us a non-exclusive, royalty-free licence to use, reproduce, adapt, and store those materials solely to provide the Products and Services and to meet legal and insurance obligations. You warrant that your materials and data do not infringe third-party rights or applicable laws.

13. Intellectual property in our materials

We and our licensors own all intellectual property in the Site, Products, and Service deliverables, including methodologies, frameworks, templates, and training content. Except for the licence in clause 10, no rights are granted. You must not use our trade marks or branding without permission.

14. Acceptable use

You must not use the Site or any Product or Service to break the law, infringe intellectual property, spread malware, attempt to bypass security, or interfere with other users. We may monitor use to protect our systems and intellectual property and may suspend access where we reasonably suspect a breach.

15. No immigration or legal advice

We do not provide immigration assistance or legal advice. We provide general business information and training. You remain responsible for decisions and compliance in your own context and jurisdiction.

16. Third-party services and links

The Site may link to or integrate with third-party tools and platforms. Your use of those tools is governed by the third party’s terms and privacy practices. We are not responsible for third-party services.

17. Australian Consumer Law, refunds and support

Nothing in these Terms excludes or limits rights you may have under the Australian Consumer Law. If a Product or Service has a minor problem, we will repair or replace it within a reasonable time. If it has a major problem, you may choose a refund or replacement. For digital Products, contact us promptly if files are corrupted, inaccessible, or materially not as described; we will work with you to restore access or provide a replacement file. Refunds, where applicable, are made to the original payment method.

18. Warranties and disclaimers

To the extent permitted by law, the Site, Products, and Services are provided “as is” and “as available.” We do not warrant uninterrupted or error-free access or that Products will be compatible with your systems. Advice is general in nature and should not be relied on as a substitute for independent professional advice tailored to your circumstances.

19. Limitation of liability

To the maximum extent permitted by law, we exclude liability for indirect or consequential loss, loss of profit, loss of data, or business interruption. Where liability cannot be excluded, our total aggregate liability for all claims arising from or in connection with the Site, Products, or Services is limited to the greater of AUD 1,000 or the fees you paid for the specific Product or Service that gave rise to the claim in the twelve months before the event. Nothing in these Terms limits liability for fraud or for personal injury or death caused by negligence.

20. Indemnity

You indemnify us and our personnel against loss, cost, or liability arising from your breach of these Terms, your misuse of any Product or Service, or any claim that your materials or data infringe third-party rights or applicable laws.

21. Suspension and termination

We may suspend or restrict access where we reasonably suspect a breach, fraud, security risk, or misuse. Either party may terminate a Services engagement for material breach not remedied within 14 days of written notice. On termination, accrued rights survive. Clauses 10–13 and 17–27 survive termination.

22. Privacy and data protection

Our handling of personal information is described in our Privacy Policy. By using the Site or purchasing a Product or Service, you acknowledge that we will process personal information as described there. Where you provide us with personal information about others, you warrant that you have the necessary authority and notices in place.

23. Force majeure

We are not liable for delay or failure caused by events beyond our reasonable control, such as acts of God, industrial disputes, utility failures, or updates or outages of third-party platforms.

24. Assignment and subcontracting

We may subcontract performance or assign rights under these Terms, provided we remain responsible for the acts of our subcontractors. You must not assign your rights without our prior written consent, which we will not unreasonably withhold.

25. Changes to these Terms

We may update these Terms from time to time. The version posted when you place an Order applies to that Order. For material changes affecting ongoing Services, we will provide reasonable notice.

26. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales. Before starting court proceedings, the parties will attempt to resolve disputes in good faith for at least 14 days.

27. General

If any part of these Terms is invalid, the remainder continues in effect. A failure to exercise a right is not a waiver. These Terms, together with an applicable statement of work, are the entire agreement between the parties about their subject matter.