Terms of Service

Effective date: 22 March 2025 (Version 1.0)

Welcome to trainSME. By accessing or using the trainSME platform (“the Platform”), you agree to be bound by these Terms of Service (“Terms”). These Terms govern your use of the Platform, including all services, features, and content provided by Headstart Systems.

If you are using the Platform on behalf of an organisation (e.g., a Learning Provider or SME Business), you represent that you have the authority to bind that organisation to these Terms.

1. Use of the Platform

trainSME is a service owned and operated by Headstart Systems (ABN 78 502 461 319). The Platform is designed to enable Learning Providers and small to medium enterprises (SMEs) to create, manage, and deliver training programs. You agree to use the Platform in accordance with these Terms and all applicable laws and regulations.

  • You must be authorised to use trainSME, either as an individual (18 years or older) or as a representative of an organisation.
  • You agree to use the Platform solely for legitimate business or professional training purposes and not for any unlawful or unauthorised activities.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activities carried out under your account.

2. Content Ownership and Collaboration

As a Learning Provider or SME Business, you retain full ownership of all content you create and upload to trainSME, including courses, materials, and other educational resources.

Headstart Systems does not claim any rights to reuse or redistribute your content outside of your intended audience. However, by uploading content to the Platform, you grant Headstart Systems permission to make reasonable edits or adjustments to your courses where necessary to improve learning outcomes, address technical or instructional issues, or align with best practices in learning design. These adjustments will only be made in good faith, and where possible, we will collaborate with you to ensure the changes meet your approval.

  • You represent that you have the right to upload and share your content and that it does not infringe on any third-party rights (e.g., copyright, trademark).
  • trainSME reserves the right to remove any content that violates these Terms or applicable laws.

3. Payments and Subscriptions

We offer subscription plans that provide access to various Platform features, including course creation, learner enrolment, and analytics.

  • All payments are securely processed through Stripe, our third-party payment provider.
  • Subscription fees are non-refundable, except in cases of significant service disruption caused by trainSME, which will be assessed at our discretion. To request a refund, contact us at admin@headstartsystems.com.
  • You are responsible for any taxes or duties that apply to your use of the Platform.
  • We reserve the right to change pricing or features of subscription plans with reasonable notice.

4. Termination

We may suspend or terminate your account if you breach these Terms, engage in unlawful activity, or misuse the Platform.

  • You may terminate your account at any time by contacting us at admin@headstartsystems.com. Upon termination, your access to trainSME will cease, and your data may be deleted, subject to applicable laws.
  • Provisions of these Terms that, by their nature, should survive termination (e.g., Limitation of Liability, Governing Law) will remain in effect.

5. Limitation of Liability

The Platform is provided “as is” without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or uninterrupted access.

  • We are not liable for any indirect, incidental, or consequential damages arising from your use of the Platform, including data loss, business interruption, or loss of profits.
  • trainSME does not guarantee specific learning outcomes or user performance. You and your organisation remain responsible for setting and achieving your training goals.
  • You are responsible for backing up any important data. We are not liable for loss of data due to user error, third-party service failures, or events beyond our control.
  • Our total liability to you for any claim related to these Terms or the Platform will not exceed the total amount paid by you to us in the 12 months prior to the claim.

6. Changes to These Terms

We may update these Terms from time to time to reflect changes to our services, operations, or legal obligations. Updates will be posted on this page with a revised “Effective date.” For significant changes, we may notify you via email or an in-app notice. Continued use of the Platform after changes are posted constitutes your acceptance of the updated Terms.

7. Governing Law

These Terms are governed by the laws of Australia. Any disputes arising in connection with these Terms will be resolved in the courts of Australia.

8. Contact Us

If you have any questions about these Terms, please contact us at admin@headstartsystems.com.