Terms of Service
Last updated: 25 June 2026
[REVIEW: …] require sign-off from an Australian tech/privacy lawyer before being relied on commercially.1. Who these terms are between
These terms form a contract between you and Apex Workforce Development Pty Ltd (ABN [REVIEW: ABN]), registered at [REVIEW: registered office address], Victoria, Australia ("Apex", "we", "us"). By creating an account, ticking the consent box at signup, or paying a subscription, you accept these terms on behalf of yourself and the organisation you represent.
2. The platform
Apex is a software-as-a-service workforce intelligence platform. It helps employers track licences, tickets, verifications of competency (VOCs), inductions and hours, and connects employers with Registered Training Organisations (RTOs) to book refresher and upskilling training. Apex does not deliver training. All training is delivered by independent third-party RTOs under their own agreements with the employer.
3. Your account
- You must be at least 18 and authorised to act for your organisation.
- You are responsible for the security of your credentials and all activity under your account.
- One login per person. Sharing logins is a breach of these terms.
- You must keep contact details, billing details and employee records accurate.
4. Subscriptions, billing and auto-renewal
- Subscriptions are billed in advance, monthly or annually, in AUD plus GST where applicable.
- Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
- You may cancel anytime from the billing portal. Cancellation takes effect at the end of the current paid period; you retain access until then.
- Pricing may change with at least 30 days' notice before your next renewal.
- Payments are processed by Stripe Payments Australia Pty Ltd. We do not store full card numbers.
5. Free tier
We offer a free tier for employers with up to 5 active employees. The free tier is provided "as is" with no service level commitment. We may change or discontinue the free tier with 30 days' notice.
6. Acceptable use
Use of the platform is also subject to our Acceptable Use Policy. We may suspend any account that breaches it without notice where required to protect the platform or other users.
7. Data ownership and licence
- You retain ownership of all data you upload ("Customer Data").
- You grant us a non-exclusive licence to host, process, transmit and display Customer Data solely to operate and improve the platform.
- We may use de-identified, aggregated data for analytics and product improvement. We will not sell Customer Data.
- We will not use Customer Data to train third-party AI models.
8. RTO bookings
When you submit a training enquiry, we route it to relevant RTOs in the network. Any resulting training contract is between you and the chosen RTO. Apex is not a party to that contract and does not earn per-booking commission from RTOs; RTOs pay flat preferred-partner fees to be listed in a region/category. You are free at all times to book with any RTO, in or outside the network.
9. Compliance disclaimer
Apex is a recordkeeping and intelligence tool. It is not a substitute for verifying that an operator holds the lawful licences, tickets and competencies required for a specific task. The employer remains responsible for compliance with all applicable workplace health and safety, training and licensing law, including the High Risk Work Licence framework and any equivalent regimes.
10. Service availability
We target 99.5% monthly uptime excluding scheduled maintenance and third-party outages outside our reasonable control. We do not provide a contractual SLA on standard plans; Enterprise customers may negotiate a separate SLA.
11. Confidentiality
Each party will keep confidential the other's non-public information and use it only to perform under these terms.
12. Intellectual property
Apex retains all intellectual property in the platform, including the software, design, content and trade marks. No rights are granted except those expressly stated here.
13. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where we are permitted to limit our liability, our liability is limited to re-supplying the service or refunding the fees paid for the service in question.
14. Limitation of liability
Subject to clause 13, to the maximum extent permitted by law our aggregate liability to you in any 12-month period is limited to the fees you paid us in that period. Neither party is liable for indirect, incidental, special, consequential or punitive damages, or loss of profit, revenue, goodwill or data.
15. Indemnity
You indemnify us against claims arising from (a) your Customer Data, (b) your breach of these terms or the Acceptable Use Policy, or (c) your unlawful conduct or negligence in connection with the platform.
16. Suspension and termination
- You may cancel at any time from the billing portal.
- We may suspend or terminate for non-payment, material breach, or where required by law.
- On termination, you may export your data for 30 days, after which it is deleted in accordance with the Privacy Policy.
17. Changes to these terms
We may update these terms from time to time. Material changes will be notified by email at least 14 days before they take effect, and the revised version will be posted here with an updated date. Continued use after the effective date constitutes acceptance.
18. Governing law
These terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.
19. Contact
Questions or notices: info@apexworkforce.com.au.
See also: Help · Status · Terms · Privacy · Acceptable Use · Cookies · DPA · Employee Privacy Notice · Refunds · Subprocessors · RTO Partner Agreement