Next Era Training Group –Terms and Conditions

These Terms and Conditions (“Terms”) apply to all access, browsing, and use of any websites, domains, subdomains or mobile applications owned, operated or controlled by Next Era Training Group Pty Ltd, including but not limited to nexteratraining.com, getlicensed.au and any future or related websites. They also apply to any payment portal hosted on Our Sites (“Payment Portal”), any digital platform or microsite we own or operate, and any legal notices or clauses displayed in our email signatures, footers, invoices, proposals or other communications. By embedding these Terms into all such media, we ensure they apply universally across our business.
By browsing, using, registering on, contacting us through any digital or physical channel, or submitting payment through Our Sites, you (“User”, “you” or “your”) confirm your agreement to these Terms. Users include customers, prospective customers, casual visitors, individuals making enquiries through social media platforms (such as Instagram, Facebook, LinkedIn or X), telephone, text message or webforms, third-party Registered Training Organisations (RTOs) and their directors, officers, employees, contractors or agents, sales representatives or other intermediaries engaged by us, and any other person who accesses, views or transmits content from any Next Era website or communication. These Terms apply even if they are linked to or referenced from an email signature or another document. If you do not agree to these Terms, do not use Our Sites, do not engage with us on social media, and do not submit any payment.

1. Who We Are

Next Era Training Group Pty Ltd (ABN 84 686 546 083) of 343 Brooks Road, Kynnumboon NSW 2484 (“Next Era”, “we” or “us”) operates Our Sites. We are a building licensing consultancy business. We own a proprietary Building Practitioner Licensing Process, also known as the Building Practitioner Licensing Pathway (“Pathway”). This Pathway comprises confidential methods, workflows, templates and know-how. It constitutes a trade secret – a type of confidential information that gives a business a competitive advantage and which may be protected by confidentiality agreements under Australian law.
Our Pathway is the core of our business and is maintained as a trade secret. We protect it through contractual obligations of confidence, general law duties and statutory duties under the Corporations Act 2001 (Cth). Trade secrets retain their value only while they remain confidential.

2. Acceptance of Terms via Click-Wrap

Our Sites may require you to tick a checkbox or click an “I Agree” button before proceeding with registration, purchase or payment. Such click-wrap agreements are generally enforceable because they require a user to take an active step to indicate acceptance. To ensure that our Terms are legally binding, you must actively accept them through such a mechanism before completing any transaction.
In addition to click-wrap acceptance, by continuing to browse or use Our Sites, contacting us through any channel, or continuing a conversation with us on a third-party platform, you are deemed to have read and agreed to these Terms. For example, if you send us a direct message on Instagram or Facebook, submit a webform, email or SMS enquiry, phone us or attend an appointment, you are taken to have accepted these Terms. Many Australian organisations require continued use as acceptance; similarly, by using or accessing our social media pages or digital channels you agree to comply with these Terms as well as the platform’s terms.

3. Scope of Users and Binding Nature

These Terms bind:

• Clients and prospective clients who pay a deposit, partial or full payment through our Payment Portal.
  
• Visitors who browse or interact with Our Sites.
  
• Third-party RTOs (and any of their directors, officers, staff, contractors or agents) who access Our Sites or Payment Portal, whether to receive referrals from us or otherwise.
  
• Any other person or entity that views, copies or transmits content from Our Sites.
  
• By using Our Sites, contacting us on social media or through other channels, or completing any payment, you agree that Next Era remains the principal in control of all interactions, processes and client relationships relating to our Pathway. You further agree that:
  
• Referred or prospective clients who contact us via third-party platforms remain clients of Next Era. Even if we refer them to an RTO to obtain a qualification through Recognition of Prior Learning (RPL) or training, they remain our clients for licensing purposes, and no ownership or client relationship transfers to any RTO or other entity.
  
• Third-party RTOs and their directors, officers, staff, contractors or agents act solely as service providers under our direction. They must not claim any intellectual property rights or commercial interests in the Pathway or in the clients referred by Next Era, nor may they market to or solicit those clients for competing services.
  
• Sales representatives, referrers and introducers engaged by Next Era must comply with these Terms. They must not solicit our clients for their own benefit, and they are bound by the confidentiality and non-compete obligations in these Terms.
  By agreeing to these Terms, you acknowledge that any person or entity interacting with us or Our Sites is bound by these Terms, and that Next Era retains control over the dissemination of its confidential information and client relationships.

4. Intellectual Property Ownership

1. Ownership. All content on Our Sites (including the Pathway, systems, text, graphics, videos, logos, designs, databases and software) is owned by or licensed to Next Era. You acknowledge that our Pathway is a trade secret and that you do not acquire any rights or licences to our intellectual property by using Our Sites, contacting us via any channel or by paying for our services.


2. Trade Secrets. Trade secrets are confidential information that provide a competitive advantage. Under Australian law, trade secrets are protected through secrecy and confidentiality agreements, and common law remedies exist for misuse or disclosure. A trade secret retains its value only while it remains confidential.
   
3. No Reverse-Engineering. You must not copy, adapt, reproduce, translate, publish, display, transmit, distribute, modify, create derivative works from, decompile, disassemble or reverse-engineer any part of our Pathway or other materials on Our Sites.


4. No Licence. Except as expressly permitted in these Terms, we do not grant you any licence or right in or relating to our intellectual property.

5. Confidentiality Obligations

1. Definition of Confidential Information. Confidential Information means all information provided to or obtained by you through Our Sites, Payment Portal or from Next Era, including the structure and steps in our Pathway, client lists, business plans, pricing models, training materials, user credentials, and any other information marked or reasonably understood as confidential.


2. Duty of Confidence. You must maintain the confidentiality of all Confidential Information and use it only for the authorised purpose of engaging with Next Era’s services. Australian courts recognise that confidentiality agreements can be enforced through contractual obligations of confidence and equitable duties. The statutory duty under section 183 of the Corporations Act 2001 (Cth) imposes an ongoing duty on company directors, officers and employees not to improperly use confidential information obtained through their position for personal advantage or to the detriment of the company. It also prevents employees from misusing trade secrets even after leaving employment.


3. Retroactive Application. These confidentiality obligations apply not only to information disclosed after your acceptance of these Terms but also to any information disclosed by Next Era within the twelve (12) months preceding your acceptance, whether during discussions, consultations, social media interactions or via any other channel. By agreeing to these Terms, you confirm that such prior disclosures are also confidential and subject to these obligations, consistent with guidance that NDAs can be drafted to protect past disclosures.
   
4. Duration. Confidentiality obligations survive indefinitely for trade secret information because trade secrets remain valuable only while they remain secret.


5. For other information, obligations survive for as long as that information remains confidential, or for a reasonable period (no less than five years) if the term is longer.


6. information ceases to be confidential. Courts are more likely to enforce confidentiality clauses that match the commercial reality of how long the information remains sensitive. Australian guidance also confirms that confidentiality contracts can last forever when the agreement states an indefinite period, particularly when protecting trade secrets.


7. Exclusions. Your confidentiality obligations do not apply to information that: (a) is or becomes public other than through your breach; (b) you already lawfully knew without obligation of confidence; or (c) you are required to disclose by law or regulatory authority, provided that you notify us in writing and limit disclosure to what is strictly required.


8. Return or Destruction. Upon completion of your dealings with Next Era or upon demand, you must immediately return or permanently destroy all materials containing Confidential Information.

6. Non-Compete and Non-Solicitation

1. Non-Competition. You agree not to compete with Next Era or support a competitor by using, replicating or providing services that are similar to or derived from our Pathway. Courts assess non-compete clauses by considering duration, geographic scope and the legitimate business interest being protected. Generally, restrictions exceeding 12 months may attract greater scrutiny, but longer restraints can be justified where.


2. Duration and Retroactive Scope. This non-compete clause applies throughout Australia for the duration of your engagement with Next Era and continues for as long as the Confidential Information remains secret or, at a minimum, for five (5) years from the later of (a) the last date you accessed our confidential materials; or (b) the date of your last communication or interaction with Next Era under which Confidential Information was disclosed, including communications within twelve (12) months prior to your acceptance of these Terms. If any court finds this duration unreasonable, then the period shall be reduced to the maximum period permitted by applicable law in the relevant state or territory. We acknowledge that indefinite restraints of trade may be struck down as unreasonable; however, to the extent permitted by law, this clause is drafted to protect our trade secrets and legitimate business interests.


3. Non-Solicitation. You must not directly or indirectly solicit, entice, or engage any of Next Era’s clients, prospective clients, staff or contractors, or encourage any third-party RTO to do so, for any services that compete with or circumvent Next Era’s services.

7. Use of the Payment Portal

1. Authority and Client Status. By making payment (deposit, part or full) through our Payment Portal, you acknowledge that you become a client of Next Era solely for licensing consultancy services. While we may refer you to an RTO for training or assessment, Next Era retains control over client relationships, and no client or ownership rights transfer to the RTO.


2. If you contact us via a third-party platform (e.g., Instagram, Facebook, LinkedIn, TikTok) or through a webform or telephone call in relation to obtaining a building licence or qualification, we may direct you to an RTO or third-party provider for the purpose of obtaining a qualification. In such cases, you remain our client for licensing services and are bound by these Terms. Any RTO to which we refer you must treat any information you provide as confidential and must not use or retain that information for any purposes other than providing the qualification required for your licence. Our referral is not an endorsement of the RTO’s services or a transfer of our client relationship.


3. Accuracy of Information. You warrant that all information you provide through the Payment Portal is true and accurate.


4. Fees and Refunds. Payments are non-refundable except where required by Australian Consumer Law or otherwise expressly stated in a written agreement with us.

8. Access and Restrictions

1. Social Media Conduct. When engaging with us on third-party platforms, you must comply with those platforms’ terms and with these Terms. You must not post, share, tag or otherwise disseminate any content relating to our Pathway or internal processes. By tagging our accounts or using our hashtags, you grant us permission to repost or display your content on our channels, but this does not grant you any rights in our intellectual property.
   
2. Third-Party Content and Links. Our Sites may contain links to third-party websites (including RTO sites). We are not responsible for the content or privacy practices of those sites. Accessing third-party sites is at your own risk.


3. Prohibited Conduct. You must not:

• access or use Our Sites or the Payment Portal for any unlawful purpose;


• attempt to hack, interfere with or disrupt the security or integrity of Our Sites;


• transmit viruses or other harmful code;


• scrape or collect data without our written consent; or


• use the information to assist or work with any competitor of Next Era.

9. Legal Compliance

1. Consumer Protection and Fairness. The Australian Consumer Law requires that standard-form contract terms be fair and transparent; they must not cause a significant imbalance or go beyond what is necessary to protect business interests. We strive to draft our Terms in line with these requirements.


2. State and Territory Laws. Our operations and clients span multiple Australian states and territories. To the extent that specific laws or regulations apply to building licensing or training in a particular jurisdiction, you must comply with those laws. These Terms do not limit any statutory rights under state or territory legislation.


3. Pre-Existing Obligations and Past Conduct. These Terms apply to all interactions with Next Era occurring up to twelve (12) months prior to the Effective Date and continue to bind you even if you cease communications with us. This retroactive and perpetual approach aligns with the notion that confidentiality contracts can protect past disclosures and continue indefinitely. However, if any portion of these Terms is found to be unenforceable, the remainder shall continue in full force to the extent permitted by law.


4. Electronic Transactions. Under the Electronic Transactions Act 1999 (Cth), contracts formed electronically are valid if users consent to electronic transactions and the process satisfies traditional contract principles. Our click-wrap acceptance complies with these requirements.


5. Jurisdiction. These Terms are governed by the laws of New South Wales and, where relevant, the laws of other Australian states and territories. You submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

10. Limitation of Liability

1. No Guarantee of Licensing Outcome. Next Era provides consultancy services only. We cannot guarantee that you will obtain a licence or any particular outcome, as licensing decisions are made by government regulators.


2. Indemnity and Protection of Directors, Staff and Influential Parties. You agree to indemnify and hold harmless Next Era, its directors, secretaries, officers, employees, shareholders, contractors, agents and any other influential persons from and against all losses, damages, liabilities, claims and expenses (including legal costs on a full indemnity basis) arising directly or indirectly from:
   your breach of these Terms, misuse of Confidential Information, or infringement of our intellectual property rights;
   any claim by a third party relating to your use of our Pathway, our Sites or services; or your failure to comply with any law or regulation.
   This indemnity applies to each of the above persons individually and continues indefinitely even after you cease using Our Sites or the business relationship ends. You acknowledge that these individuals are entitled to rely on and enforce this indemnity clause. To the extent permitted by law, you release and forever discharge Next Era and its directors, officers, employees and other influential parties from all claims or liabilities arising out of your use of any Next Era website or communication, except to the extent that such liability arises from our fraud or wilful misconduct.
   
3. Exclusion of Warranties. To the maximum extent permitted by law, we exclude all warranties not expressly stated in these Terms. Where any law implies a warranty or guarantee that cannot lawfully be excluded, our liability is limited (at our option) to resupplying services or refunding the amount you paid.

11. Termination

1. Termination by Next Era. We may suspend or terminate your access to Our Sites and Payment Portal at any time for breach of these Terms or if we believe your use may harm our business.
   
2. Continuing Obligations. Upon termination, you must immediately cease using Confidential Information and return or destroy all materials. Clauses concerning confidentiality, non-compete, non-solicitation, IP ownership, limitation of liability and jurisdiction survive termination indefinitely.

12. Amendments and Updates

1. We may amend these Terms from time to time. Updated versions will be posted on Our Sites with a new “effective” date. Continued use of Our Sites after an update constitutes acceptance of the amended Terms. We recommend reviewing our Terms periodically to stay informed.

13. Universal Application & Publication

1. Unified Terms. These Terms constitute a single, unified agreement that applies to all websites, subdomains, microsites, applications and digital or physical communications owned, operated or controlled by Next Era Training Group Pty Ltd now or in the future. Where any webpage, email signature, invoice, proposal, marketing material or other document references or links to these Terms, that reference incorporates these Terms by reference and binds the recipient or user.


2. Third-Party Impressions. Any third-party RTO, sales agent, subcontractor or other person who encounters these Terms—whether by visiting our websites, receiving an email from us, or reviewing a proposal—acknowledges and agrees that these Terms apply to their dealings with Next Era. The duties of confidentiality, non-compete, non-solicitation, indemnity and intellectual property protection set out herein apply to them and to any of their directors, officers, employees or agents.


3. No Waiver by Publication. Displaying or referencing these Terms in multiple places (such as an email signature or website footer) does not diminish their enforceability or create separate agreements. Each display or reference is merely a reminder of these Terms’ universal applicability.


4. Hierarchy. If any separate agreement between you and Next Era contains terms inconsistent with these Terms, the specific agreement will prevail to the extent of any inconsistency; otherwise these Terms continue to apply in addition to any specific agreement.

14. Contact Us

For questions about these Terms, contact Next Era Training Group Pty Ltd:

• Email: support@nexteratraining.com


• Address: 343 Brooks Road, Kynnumboon NSW 2484, Australia

By accessing our Payment Portal or using Our Sites, you acknowledge that you have read, understood and accept these Terms. These Terms create legally binding obligations and protect the valuable intellectual property and trade secrets of Next Era Training Group Pty Ltd.