Terms of Use

The Powering Australia Academy™️platform (Platform) is a digital platform which permits users who wish to access training content (Users) and suppliers who provide training content (which may be delivered online or in person) (Providers) to connect and transact with one another. 

1. These terms 

1.1. These terms, when accepted by You, constitute an agreement between Powering Australia Limited (ABN32 663 088 686) (We, Us, Our) and You regarding Your access to, and use of, the Platform (Agreement).

1.2. If you are accepting these terms on behalf of a company or business (which is identified when Your Account is created) for which you are authorised to act, then “You” means that company or business, and you are binding that company or business, as applicable, to this Agreement.

1.3. Please read and review these terms carefully. By clicking the ‘I accept’ box or icon, You acknowledge that You have read and understood these terms, and agree to be bound by them. If You do not agree to these terms, do not click on the ‘I accept’ box or icon.

1.4. We may update these terms from time to time in accordance with clause 17 below. 

2. Your account 

2.1. To use the Platform, You must create an Account.

2.2. All information You provide when creating Your account must be accurate and complete, and You must update Your information to ensure that it remains accurate and complete.

2.3. When You create Your Account, You will select Your own username and password, which is personal to You. You are responsible for keeping Your username and password confidential and secure, and You should not, subject to clause 1.4, share these details with anyone else.

2.4. Where “You” refers to a company or business, You may share Your username and password with authorised representatives of the company or business. You will be responsible and liable for all acts and omissions of Your authorised representatives in connection with the Platform and these Terms.

2.5. You will be responsible for all activity with Your Account that takes place using Your username and password. You must notify Us immediately if You believe or suspect Your Account has been compromised.

2.6. We may refuse to allow any person to create an account. We may cancel or suspend any existing Account, if We suspect that the Account may be compromised. 

3. Permission to access and use the Platform 

3.1. If You satisfy the requirements set out in clauses 1 and 2, We grant to You a limited, personal, non-transferable, non-exclusive, revocable right to access and use the Platform in accordance with these terms (as amended from time to time), solely for the purposes permitted under these terms.  

4. Training Content 

4.1. Once You created Your Account, You will be able to purchase Training Content directly from a Provider on the Platform by agreeing to: 

·       the Provider’s own supply terms (Customer Agreement) for the purchase of that Training Content;  

·       that Provider’s privacy policy; and 

·       paying for that Training Content in accordance with clause 5. 

4.2. Once You fulfill the preconditions set out in clause 4.1, the Training Content will be made available to You by the Provider in accordance with the terms of the Customer Agreement (this might be by way of a link on the Platform to the Provider’s website, access through the Platform, or access through an integrated platform). 

4.3. You acknowledge and agree that: 

·       Our role is limited to providing the Platform, which permits You to purchase Training Content directly from Providers; 

·       We are not involved in the relationship, or any transaction which may occur, between You and any Provider; 

·       Your participation in any transaction with a Provider via the Platform is entirely at Your own risk;  

·       We make no representation and give no warranty regarding any Training Content;  

·       You have been solely responsible for Your selection of the Training Content to achieve Your intended results, and for Your use of that Training Content; and 

·       We recommend that, before agreeing to purchase any Training Content from a Provider, You carefully read the terms of the Provider’s Customer Agreement and its privacy policy. 

4.4. If any dispute arises between You and a Content Provider in connection with any Training Content You purchase through the Platform, it will be up to You and a Content Provider to resolve the matter. However, We will assist to try to settle the dispute. 

4.5. You indemnify Us against any loss or damage that We may suffer, or any third party claim against Us (including a claim by any Provider of any Training Content) arising out of, or relating to: 

·       Your breach of any of Your obligations under a Customer Agreement in relation to the Training Content; or 

·       Your use of the Training Content. 

5. Payment Service Provider 

5.1. In order to pay Providers for their Training Content, You must create an account with Our third party payment service provider (Payment Service Provider). 

5.2. You acknowledge that Your use of the third party payment service offered by the Payment Service Provider (Third Party Payment Service) is subject to the Payment Service Provider terms. You will be required to meet any eligibility requirements and provide all necessary information in order to use the Third Party Payment Service. 

5.3. If You cease to hold an account with the Payment Service Provider, You will no longer be able to pay Providers for their Training Content through the Platform.  

5.4. You acknowledge and agree that: 
·       You must use the Third Party Payment Service to pay a Provider for Training Content from that Provider in accordance with Your Customer Agreement;  
·       the Payment Service Provider is solely responsible for processing payments to Providers; 
·       Your agreement with the Payment Service Provider is solely between You and the Payment Service Provider;  
·       We will not be responsible for the Payment Service Provider declining Your payment or for any error in processing payments; and
·       We may, from time to time, change Our current Payment Service Provider to a different service provider, or add additional service providers. If We change Our current Payment Service Provider, You will be asked to create an account with that new service provider (subject to its applicable terms and eligibility requirements) in order for You to continue to purchase Training Content through the Platform.  

6. Your use of the Platform 

6.1. You are responsible for obtaining access to the Platform (including all equipment necessary to access the Platform) and You acknowledge that access may involve third party fees (such as internet service provider fees). You are responsible for those fees.

6.2. You must only access and use the Platform to connect and transact with Providers, and where applicable, to access the Training Content through the Platform.

6.3. You must not, and must not permit any person to:
• access or use the Platform for any purpose other than as permitted under these terms;
• copy, modify, de-compile, disassemble or reverse engineer the Platform, or determine or attempt to determine any source code, algorithms, methods or techniques used or embodied in the Platform;
• circumvent, or attempt to circumvent, any security restrictions (including any user authentication) protecting the Platform, or access, or attempt to access, any non-public systems, programs, data, or services of the Platform; or
• collect or store data, or attempt to collect or store data, about other users of the Platform, or data provided by other users of the Platform;
• interfere with or disrupt the software or systems used in or to host the Platform;
• use any robot, spider, or other automatic or manual process or device to “screen scrape”, monitor, “mine”, or copy web pages on or from the Platform;
• introduce any harmful code to the Platform; or
• permit or assist any other person to do any of the acts specified in this clause 6.3.

7. Provision of the Platform 

7.1. We cannot guarantee that use of the Platform will be uninterrupted or error free, or that the Platform will be free of harmful code. 

8. Modifications, suspensions and discontinuation of the Platform 

8.1. We may modify or update the Platform at any time.

8.2. We may suspend the operation of the Platform at any time without notice, including for the purposes of routine maintenance.

8.3. We may discontinue the Platform at any time. Where We do so, We will give You at least 1 month’s notice. 

9. Commission

9.1. You will not have to pay any fees to Us to access or use the Platform.

9.2. You acknowledge and agree that Providers will be required to pay Us a percentage of the amounts paid by You to them for their Training Content when You purchase their Training Content through the Platform

10. Accounts

10.1. All rights (including intellectual property rights such as copyright) in the Platform and its content and design, and any software used in connection with the Platform, are retained by Us or Our licensors, and all rights in any Training Content are retained by the Providers (or their licensors).

10.2. Except as provided in these terms, any use or copying of the Platform for any other purpose is expressly prohibited.

10.3. All trade marks (including any logos) on the Platform are owned or licensed by Us and are protected by applicable trade mark and copyright laws.

10.4 From time to time, You may choose to provide Us with Feedback. We may freely use and exploit that Feedback in any manner without any obligation to You (including any obligation to pay You money). Any Feedback will not be considered to be Your confidential information. 

11. Privacy and personal information 

11.1. You will be required to provide personal information to Us when You create Your Account, and in the course of accessing and using the Platform. We understand that the personal information You provide to Us is important, and We take Our privacy obligations seriously.

11.2. If You are providing personal information to Us in relation to another person, You warrant that You have obtained all necessary consents for providing their personal information to Us for the purposes specified in these terms.

11.3. We will deal with personal information You provide in accordance with Our Privacy Policy.

11.4. We will comply with all privacy laws by which We are bound, including the Privacy Act.

11.5. To the extent that You deal with a third party’s personal information, You must comply with the Privacy Act.  

12. Data 

12.1. We may disclose Your data to external service providers (for example, database administrators), which may be based outside Australia, on a confidential basis and provided such service providers are limited in their use of the information to the purpose of Us providing and supporting the Platform and other services relevant to these terms.
12.2. You acknowledge that de-identified aggregated data collected from the Platform may be used by Us for all purposes, including commercialisation of that data.  

13. Limitations of liability 

13.1. You agree that the Platform is a platform for Providers and Users to connect and transact, and We are not involved in those connections nor any transactions that may occur as a result of Your use of the Platform. You agree that We do not incur any liability in relation to any Training Content offered or acquired through, or as a result of, Your use of the Platform.
13.2. All terms, warranties and representations not expressly stated in these terms, are excluded to the extent permitted by law.

13.3. Under the Australian Consumer Law (ACL), You will have the benefit of certain non-excludable rights, guarantees and remedies in respect of the Platform. Nothing in these terms excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified (a Non-Excludable Provision).

13.4. To the extent that We are able to limit Our liability for breach of a Non-Excludable Provision, Our liability is limited, at Our option, to:
  • in the case of goods, replacing or repairing the goods or supplying equivalent goods, or paying for the cost of replacing or repairing the goods or of acquiring equivalent goods; and
  • in the case of services, resupplying the services, or paying the cost of resupplying the services.


13.5. Subject to clause 13.7:
  • Our maximum aggregate liability in any calendar year for all loss, damage, cost or expense arising under or in relation to these terms, is limited to; $10,000; and
  • neither party will be liable to the other for any:
  • - (a) lost profits, lost revenue, loss of opportunity, loss of data, loss of management time or failure to realise anticipated savings, or loss of or damage to reputation or goodwill; or
  • - (b) other special, indirect, incidental, or consequential damages, losses, costs, or expenses.
13.6. The limitations of liability in clause 13.5 apply regardless of the basis on which such liability arises, whether in contract, breach of warranty, tort (including negligence), in equity, under statute, or on any other basis.

13.7. Any limit on the liability of a party under clause 13.5 does not apply in relation to liability for:
  • gross negligence, fraud or wilful default; or
  • any infringement of the other party’s Intellectual Property Rights.

13.8. A party’s liability to the other party is reduced to the extent that the other party’s acts or omissions contributed to or caused the loss or damage suffered by it.  

14. Force majeure 

14.1. We will not be liable for any delay or failure to perform any obligation under these terms where that delay or failure is the result of any cause outside Our reasonable control. 

15. Termination 

15.1. You may cease using the Platform at any time.

15.2. If Your Account remains inactive for 12 months or more, We may, by 1 month’s notice to you, delete Your Account.

15.3. If You breach these terms, or if We reasonably suspect that You have breached these terms, then without limiting Our rights against You, We may:

  • send You one or more formal warnings;
  • suspend Your right to access and use the Platform; and/or
  • permanently cancel Your right to access and use the Platform and, if necessary, take measures to block You from doing so.

15.4. On cancellation of Your right to access and use the Platform in accordance with clause 15.3:

  • We will close Your Account; and
  • You will no longer have access to, or be permitted to use, the Platform or any of the data incorporated in the Platform. 

16. Amendments  

16.1. We may amend these terms from time to time. If We do, the amended terms will be published on the Platform. We recommend that each time You log into Your Account, You check whether any amended terms have been posted. 

16.2 You further agree that Your continued use of the Platform following any amendments to the terms is acceptance of the amended terms. 

17. General 

17.1. You must not assign any right or obligation under these terms. We may transfer, assign or novate the Agreement (including our obligations) to a third party. If We transfer, assign or novate the Agreement, We will provide prior notice to You. 

17.2. These terms constitute the entire understanding between You and Us to the exclusion of any previous communications, representations or other terms. 

17.3. A notice or other communication by Us or You must be in writing and sent by email. For email communications, Our address is  info@poweringaustralia.com.au, and Yours will be the email address You have provided to Us in connection with Your Account. 

17.4. If any part of these terms is void or unenforceable, that part will be severable from and will not affect the enforceability of the remaining provisions. 

17.5. These terms are governed by the laws of Western Australia, and each party submits to the non-exclusive jurisdiction of the courts of Western Australia. 

18. Definitions and interpretation 

18.1. Where commencing with a capital letter: 

  • Account means the account opened by You by completing the “Create Your Account” process on the Platform in accordance with clause 2 which, once opened, will permit You to use the Platform. 

  • Customer Agreement has the meaning given in clause 4.1(a). 


  • Feedback means comments, questions, ideas, suggestions or other feedback relating to the Platform. 


  • Intellectual Property Rights means all patents, patent applications, trade marks, designs, copyright, rights to prevent the use and disclosure of confidential information, including know-how and trade secrets, and all other intellectual property rights, whether or not now existing and whether or not registered or registrable, and includes any right to apply for the registration of such rights and all renewals and extensions. 

  • Payment Service Provider has the meaning given in clause 5.1. 


  • Personal Information has the same meaning as defined in the Privacy Act.


  • Privacy Act means the Privacy Act 1988 (Cth). Privacy Policy means Our privacy policy, available at www.poweringaustralia.com.au, as amended from time to time. 

  • Third Party Payment Service has the meaning given in clause 5.2. Training Content means the training content (which may be delivered online or in person by the relevant Provider) available for licensing through the Porta


18.2. Unless the context otherwise requires: 

  1. the singular includes the plural and vice versa;  
  2. if a word is defined, another part of speech has a corresponding meaning; 
  3. nothing in these terms is to be interpreted against a party solely on the ground that the party put forward these terms or any part of them; and
  4. a reference to: 
    (a) the word “include” or “including” is to be interpreted without limitation; 
    (b) a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;  
    (c) any document or agreement includes that document or agreement as amended, novated or replaced from time to time; and 
    (d) any law, legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision.