Website Terms of Use
1About these Terms
1.1 These Terms of Use (Terms) apply to your access to and use of the websites listed above, including any content, forms, chat or AI assistants, downloads, accounts and the online store (together, the Websites). The Websites are operated by SkillsNest Pty Ltd (ABN 78 688 545 520) (SkillsNest, we, us or our).
1.2 By accessing or using the Websites, you agree to these Terms. If you use the Websites on behalf of an organisation, you confirm that you have authority to bind that organisation, and "you" includes that organisation.
1.3 If you do not agree to these Terms, you must not use the Websites.
1.4 You must be at least 18 years old, or have the consent and supervision of a parent or guardian, to use the Websites. You must be at least 18 years old to create an account or buy from the online store.
1.5 Some features have extra terms (for example, terms of sale for the online store, event terms, course terms or a free-trial agreement). Those extra terms are shown when you use the feature. If they conflict with these Terms, the extra terms apply to that feature.
2Our services are covered by separate agreements
2.1 The Websites describe our services, including AI Academy, Consulting and Advisory, AI Agency / Factory, Global Capability Centre, Technology and Platform Integration, and solutions such as AI Agentic Automations, Marketeer, Listn, Accounts Receivable, Tele-Health for Clinics and Smart Facility Management (the Services).
2.2 Content on the Websites is general information only. It is not an offer capable of acceptance, a quote or a contract for Services. Workflow examples, case studies, figures, savings and results are illustrative. Actual outcomes depend on your systems, data, people and operating requirements.
2.3 Any Services we provide are governed by a separate written agreement, statement of work, proposal or order form agreed with you (a Services Agreement), together with our Data Processing Agreement where we handle personal information for you. If a Services Agreement conflicts with these Terms, the Services Agreement applies.
2.4 We deliver Services through SkillsNest personnel, related entities, partners and contractors located in Australia and other countries, including India, the Philippines, Vietnam, Europe and the United States. Our Privacy and Cookie Notice explains how this affects personal information.
3Your rights under the Australian Consumer Law
3.1 Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded, restricted or modified (Non-excludable Rights).
3.2 If you are a consumer, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
3.3 If you live outside Australia, you may also have rights under the consumer laws of your country that cannot be excluded. These Terms do not affect those rights.
3.4 Every exclusion and limitation in these Terms applies only to the extent permitted by law and is subject to this clause 3.
4Online store
4.1 Purchases through www.skillsnest.store are also governed by our Store Terms of Sale at www.skillsnest.store/terms-of-sale, which set out pricing, payment, delivery, digital products, returns and refunds.
4.2 Unless stated otherwise, prices are in Australian dollars and include GST. Customers outside Australia may be responsible for import duties, local taxes and currency conversion costs charged in their country.
4.3 We may refuse or cancel an order if a product is unavailable, if there is an obvious pricing or listing error, or if we reasonably suspect fraud or a breach of these Terms. If we cancel a paid order, we will refund the amount you paid for that order.
4.4 Payment card details are collected and processed by our payment providers. We do not store full card numbers.
4.5 Our refund and returns policy does not limit your Non-excludable Rights.
5Accounts
5.1 Some features require an account. You must give accurate and current information and keep it up to date.
5.2 You are responsible for keeping your login details secure and for activity under your account, except activity caused by our failure to take reasonable security measures. Tell us promptly at in**@************om.au if you think your account has been misused.
5.3 You may close your account at any time by contacting us or using the account settings.
6Acceptable use
6.1 You must use the Websites lawfully and in line with these Terms. You must not, and must not help anyone else to:
- (a) breach any law, or infringe anyone's rights, including privacy, confidentiality and intellectual property rights;
- (b) upload or submit content that is false, misleading, defamatory, offensive, discriminatory, harassing, or that contains malware;
- (c) submit another person's personal information, health information or confidential information unless you are authorised to do so;
- (d) gain or try to gain unauthorised access to the Websites, our systems or other users' accounts, or test, probe or scan for vulnerabilities without our written permission;
- (e) interfere with the operation of the Websites, including by overloading, flooding or denial-of-service attacks;
- (f) scrape, crawl, harvest or copy content or data from the Websites by automated means, except standard search-engine indexing that follows our robots.txt;
- (g) use any content from the Websites to train, fine-tune or test an artificial intelligence or machine learning model, or to build a dataset, without our written permission;
- (h) attempt to manipulate, jailbreak or bypass the safeguards of any chat or AI assistant on the Websites, including by prompt injection, or use it to produce unlawful or harmful content;
- (i) copy, resell or commercially exploit the Websites or their content, or use them to build a competing product or service;
- (j) remove or obscure any copyright, trade mark or other notice; or
- (k) impersonate any person or misrepresent your affiliation with any person or organisation.
6.2 If you breach this clause, we may remove content, restrict access or suspend or close your account under clause 14.
7AI features on the Websites
7.1 The Websites may include chat assistants, voice agents, demonstrations or other features that use artificial intelligence (AI Features). When you interact with an AI Feature, you are interacting with an AI system, not a person, unless we tell you otherwise.
7.2 AI-generated output may be incomplete, out of date or wrong. It is general information only. It is not legal, financial, medical, clinical, tax or other professional advice, and it is not a quote or an offer. You should check any output before relying on it.
7.3 Do not enter sensitive information (such as health, financial or identity document details) into an AI Feature unless the feature clearly asks for it for a stated purpose.
7.4 We may record, review and keep conversations with AI Features to answer your enquiry, keep the Websites safe and improve our services, as explained in our Privacy and Cookie Notice. We do not allow our AI providers to use your conversations to train their general models, except as described in that Notice.
8Intellectual property
8.1 SkillsNest or its licensors own all intellectual property rights in the Websites and their content, including text, graphics, logos, product names (such as Marketeer and Listn), software, frameworks and methods. All rights not expressly granted are reserved.
8.2 We grant you a limited, revocable, non-exclusive, non-transferable licence to view, download and print content from the Websites for your own information or internal business evaluation of our Services. You must not otherwise use, reproduce, adapt, publish or distribute it without our written permission, except as allowed by law (for example, fair dealing under the Copyright Act 1968 (Cth)).
8.3 Third-party product names, logos and trade marks shown on the Websites belong to their owners. Showing them does not mean that those owners endorse or partner with us, unless we say so.
9Content you submit and feedback
9.1 You keep ownership of content you submit through the Websites (such as enquiry details, uploads, comments or survey answers) (Your Content).
9.2 You grant us a worldwide, non-exclusive, royalty-free licence to use, copy, store and process Your Content to operate the Websites, respond to you, provide what you ask for and meet our legal obligations. Our use of personal information in Your Content is governed by our Privacy and Cookie Notice.
9.3 You confirm that you have the rights needed to submit Your Content and that it does not breach these Terms or any law.
9.4 If you give us ideas, suggestions or feedback about the Websites or our Services, we may use them freely without obligation to you. Please do not send feedback that you consider confidential.
10Third-party websites and services
10.1 The Websites may link to or integrate third-party websites, booking tools, payment providers, social media or other services. We do not control them and are not responsible for their content, availability or privacy practices. Your use of them is governed by their own terms and policies.
11Privacy and cookies
11.1 Our Privacy and Cookie Notice, available at skillsnest.com.au/privacy, explains how we collect, use, disclose and protect personal information, including transfers to other countries, and how we use cookies and similar technologies. It forms part of these Terms.
12Disclaimers and liability
12.1 Subject to clause 3, we provide the Websites on an "as is" and "as available" basis. We take reasonable care, but we do not promise that the Websites will be uninterrupted, error-free, secure or free of viruses, or that their content is complete, current or suitable for your purposes.
12.2 Subject to clause 3, and to the maximum extent permitted by law, we are not liable to you for any loss or damage arising from your use of, or inability to use, the Websites or their content, including any indirect or consequential loss, loss of profit, revenue, data or goodwill.
12.3 Subject to clause 3, if we are liable to you in connection with the Websites, our total liability is limited to A$100. Where we are liable for a failure to comply with a consumer guarantee in relation to goods or services that are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, where the law allows, to resupplying the goods or services, or paying the cost of having them resupplied (or, for goods, repaired or replaced).
12.4 Clause 12.3 does not apply to purchases from the online store or to Services, where the Store Terms of Sale or the Services Agreement set out the applicable limits.
12.5 Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited by law.
13Indemnity
13.1 You indemnify SkillsNest against any loss, liability, cost or expense (including reasonable legal costs) arising from a third-party claim caused by your breach of these Terms, your breach of law or your infringement of a third party's rights, except to the extent the claim is caused by our own breach, negligence or wilful misconduct.
14Suspension and termination
14.1 We may suspend or restrict your access to the Websites or your account, or close your account, if:
- (a) you breach these Terms and the breach cannot be fixed, or you do not fix it within a reasonable time after we ask you to;
- (b) we reasonably need to do so to protect the security of the Websites, other users or third parties, or to comply with law; or
- (c) we stop offering the relevant feature, in which case we will give you reasonable notice where practicable.
14.2 Clauses 3, 8, 9, 12, 13, 17 and 18 continue after these Terms end.
15Changes
15.1 We may change the Websites at any time, including by adding, changing or removing features.
15.2 We may update these Terms from time to time. We will publish the updated Terms on the Websites with a new effective date. If a change is material and you have an account, we will also tell you by email or a notice on the Websites at least 14 days before it takes effect, unless the change is required urgently by law or for security. If you do not agree to the change, you may stop using the Websites and close your account. Continued use after the effective date means you accept the updated Terms.
16International users
16.1 We operate the Websites from Australia. We make no representation that the Websites or their content are appropriate or lawful in every country. If you access the Websites from outside Australia, you are responsible for complying with your local laws.
16.2 You must not use the Websites or our products in breach of Australian or other applicable sanctions or export control laws, including the Autonomous Sanctions Act 2011 (Cth) and the Charter of the United Nations Act 1945 (Cth).
17Complaints and disputes
17.1 If you have a complaint or dispute about the Websites, please contact us first at in**@************om.au, with details of the issue. We will acknowledge your complaint within 5 business days and aim to respond within 30 days.
17.2 If the dispute is not resolved within 30 days, either party may refer it to mediation administered by Australian Disputes Centre in Sydney (or online), before starting court proceedings, except where urgent relief is needed. Each party pays its own costs of mediation and shares the mediator's fees equally.
17.3 Nothing in this clause stops you from contacting a consumer protection agency, a data protection authority or an ombudsman, or from exercising your Non-excludable Rights.
18Governing law and jurisdiction
18.1 These Terms are governed by the laws of New South Wales, Australia.
18.2 Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth courts sitting in New South Wales, and the courts that hear appeals from them.
18.3 If you are a consumer living in the European Union, the United Kingdom or another country whose law gives you mandatory protections, you keep those protections and may also bring proceedings in the courts of the country where you live, where that law allows.
19General
19.1 Electronic communications: You agree that we may communicate with you electronically, including by email and notices on the Websites. Electronic communications satisfy any requirement for writing, in line with the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions Act 2000 (NSW).
19.2 Accessibility: We aim to meet the Web Content Accessibility Guidelines (WCAG) 2.2 at Level AA. If you have difficulty using the Websites, please contact us at in**@************om.au or +61 2 7820 1919 and we will try to provide the information in another way.
19.3 Severability: If any part of these Terms is invalid or unenforceable, it is read down to the extent needed to make it enforceable, or severed if it cannot be read down. The rest of these Terms continue in effect.
19.4 Waiver: A failure or delay in exercising a right is not a waiver of that right.
19.5 Assignment: You may not transfer your rights under these Terms without our written consent. We may transfer our rights and obligations to a related body corporate or to a buyer of all or part of our business, if your rights under these Terms are not reduced.
19.6 Entire terms: These Terms, together with the Privacy and Cookie Notice and any additional terms referred to in clause 1.5, are the entire agreement about your use of the Websites. They do not replace any Services Agreement.
19.7 Interpretation: "Including" and similar words do not limit what else may be included. Headings are for convenience only.
20Contact us
SkillsNest Pty Ltd (ABN 78 688 545 520)
Suite 37, 165–171 Hawkesbury Road, Westmead NSW 2145, Australia
Email: in**@************om.au
Phone: +61 2 7820 1919 (02 7820 1919 within Australia)
© 2026 SkillsNest Pty Ltd. All rights reserved.