Employee Learning, General Knowledge & Publications Platform (Sustainable Energy Resources)
McKercher Corporation Pty Ltd (ACN 164 130 581) trading as McKercher Corporation (the Company, we, us, our)
Effective: December 2025 | Version: 5.12.1
1.1 These Terms apply to all access to and use of the Platform, including any content, publications, tools, forums, assessments, downloads, and other resources made available through it (together, the Services).
1.2 By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms, as updated from time to time.
1.3 If you do not agree to these Terms, you must not access or use the Platform.
1.4 If you are using the Platform on behalf of an organisation (for example, as a contractor or industry partner), you warrant that you have authority to bind that organisation to these Terms.
2.1 In these Terms:
- ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Authorised User means a person expressly authorised by the Company to access the Platform, including employees of the McKercher Corporation and any contractors, consultants, secondees, trainees, or invited industry professionals approved by the Company.
- Confidential Information includes all information (whether in a publication or otherwise) that is confidential by nature or designated as confidential, including internal manuals, training content, procedures, commercial information, customer information, pricing, supplier details, and non-public operational information.
- Content includes any text, publications, articles, reports, images, graphics, video, audio, templates, data, and other material on or made available via the Platform.
- McKercher Corporation refers to the Company and its related bodies corporate, including PSW Energy and Perth Solar Warehouse, as well as any other entity specified as a subsidiary.
- User Content means any information or material you upload, submit, publish, transmit, or otherwise make available via the Platform (for example, comments, feedback, forum posts, or completed assessments, if enabled).
2.2 Interpretation:
(a) Headings are for convenience only and do not affect interpretation.
(b) A reference to “including” means “including without limitation”.
(c) If there is any inconsistency between these Terms and any platform-specific notice or policy displayed on the Platform, the platform-specific notice or policy prevails to the extent of the inconsistency.
3.1 We may amend these Terms at any time.
3.2 If we make material changes, we will take reasonable steps to notify Authorised Users (for example, by notice on the Platform or email to your registered email address), unless an immediate change is required for security, legal, or operational reasons.
3.3 Your continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.
4.1 The Platform is intended primarily for:
(a) employees of the McKercher Corporation; and
(b) other Authorised Users approved by the Company (for example, contractors or invited industry professionals).
4.2 No employment contract. These Terms govern Platform use only. They do not create, vary, or replace any employment contract, workplace policy, enterprise agreement, contractor agreement, or industrial instrument.
4.3 Workplace policies apply. If you are an employee, contractor, or worker engaged by the McKercher Corporation, your use of the Platform must comply with applicable workplace policies, including Acceptable Use / IT / Code of Conduct / HSEQ policies.
5.1 Certain access may require registration and a user account.
5.2 You must provide accurate, current, and complete information when creating or updating your account and must keep your details up to date.
5.3 You are responsible for maintaining the confidentiality of your login credentials and for all activity on your account.
5.4 You must promptly notify us if you suspect unauthorised access to your account or the Platform.
5.5 We may require additional security controls (including multi-factor authentication) and may change authentication requirements from time to time.
5.6 We may suspend, restrict, or disable accounts in accordance with clause 17 (Suspension and termination).
6.1 The Platform provides educational and awareness resources relating to sustainable energy and associated industries, which may include technical, regulatory, commercial, safety, installation, or operational information.
6.2 No professional advice. Unless expressly stated otherwise in writing, Content is provided for general informational and training purposes only and does not constitute legal, engineering, financial, compliance, or other professional advice.
6.3 You must use your own judgement and (where appropriate) obtain independent professional advice before acting on any Content, particularly where safety, compliance, design, installation, or regulatory obligations may apply.
6.4 HSEQ and compliance. Content does not override your obligation to comply with applicable laws, standards, codes, licences, and workplace health and safety requirements.
7.1 We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform and Content strictly:
(a) for internal business purposes of the McKercher Corporation; and/or
(b) for your professional learning and development in connection with your authorised relationship with the McKercher Corporation,
in each case subject to these Terms.
7.2 You may download, print, or save limited extracts of Content only to the extent reasonably necessary for the purposes in clause 7.1, provided you do not remove or alter any copyright, trade mark, confidentiality, or proprietary notices.
7.3 All rights not expressly granted are reserved.
8.1 You must not:
(a) use the Platform in any way that breaches any applicable law (including privacy, confidentiality, copyright, or security laws);
(b) share your credentials or permit any person who is not an Authorised User to access the Platform;
(c) copy, scrape, harvest, crawl, index, mine, mirror, frame, or reproduce the Platform or Content using automated means (including bots, spiders, or data-mining tools) without our prior written consent;
(d) circumvent or attempt to circumvent any access controls, paywalls, DRM, or security measures;
(e) upload or transmit malicious code or interfere with the Platform’s integrity or performance;
(f) remove, obscure, or alter any proprietary notices;
(g) use the Platform to send spam or unsolicited communications;
(h) use Content to train or develop any artificial intelligence system, large language model, or machine learning model, or input Content into external AI tools, except to the extent expressly permitted in writing by the Company;
(i) reproduce or redistribute Content outside the McKercher Corporation (including to customers, competitors, online forums, social media, or public repositories) unless the Company has expressly authorised this in writing;
(j) upload User Content that is unlawful, defamatory, misleading, harassing, discriminatory, or infringes third-party rights.
8.2 You must immediately report any suspected security vulnerability, data breach, or unauthorised access to the site administrator [email protected].
9.1 The Platform and Content are protected by intellectual property laws (including the Copyright Act 1968 (Cth)).
9.2 Unless expressly stated otherwise, all intellectual property rights in the Platform and Content are owned by, or licensed to, the Company and/or members of the McKercher Corporation.
9.3 Trade marks, logos, and brands displayed on the Platform are owned by or licensed to the McKercher Corporation. You must not use them without prior written consent, except as required for permitted internal use.
9.4 Third-party materials. Some Content may be owned by third parties (for example, standards bodies, publishers, regulators, industry associations, or content partners). Your use of third-party Content is subject to these Terms and any additional restrictions or attribution requirements shown on the Platform.
9.5 No assignment. Nothing in these Terms transfers ownership of any intellectual property to you.
10.1 Many secure access publications and resources on the Platform are considered Confidential Information and/or proprietary to the McKercher Corporation.
10.2 You must:
(a) keep Confidential Information secure and confidential;
(b) use Confidential Information only for the purposes permitted under these Terms and your authorised relationship with the McKercher Corporation;
(c) not disclose Confidential Information to any third party without prior written authorisation from the Company; and
(d) take reasonable steps to prevent unauthorised access, copying, or disclosure.
10.3 If you cease to be an Authorised User (including when employment or engagement ends), you must promptly:
(a) cease using the Platform; and
(b) delete or return (as directed) any Confidential Information or Content downloaded or stored outside the Platform, subject to applicable legal retention obligations and any directions from the Company.
10.4 This clause 10 survives termination or expiry of these Terms.
11.1 If the Platform enables forums, comments, uploads, or feedback features, you must ensure your User Content:
(a) is accurate to the best of your knowledge and not misleading;
(b) is respectful and professional; and
(c) does not infringe any third-party rights or confidentiality obligations.
11.2 You retain ownership of your User Content, but you grant the Company and the McKercher Corporation a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, reproduce, modify, adapt, publish, communicate, and otherwise exploit your User Content:
(a) for internal training and knowledge management;
(b) to operate, improve, and administer the Platform; and
(c) for compliance, audit, and security purposes,
subject to the Privacy Policy and applicable law.
11.3 We may remove, moderate, or refuse to publish User Content at our discretion, including where we reasonably consider it breaches these Terms or is inappropriate.
11.4 Feedback. Any suggestions, ideas, or feedback you provide may be used by the Company without compensation, subject to applicable law.
12.1 The Platform may include links to third-party websites or resources. These links are provided for convenience only.
12.2 We do not control third-party websites and are not responsible for their content, availability, security, or privacy practices. Accessing third-party websites is at your own risk.
12.3 A link does not imply endorsement by the Company or the McKercher Corporation unless explicitly stated.
13.1 We aim to keep the Platform available and functioning, but we do not guarantee uninterrupted access.
13.2 We may suspend, withdraw, or modify the Platform or any part of it for maintenance, upgrades, security, operational, or legal reasons.
13.3 Support is available via [email protected] or via the contact page on this website.
14.1 Unless expressly stated otherwise, access to the Platform is provided at no cost to employees. Certain Services may be offered on a paid basis (for example, external access subscriptions, paid training modules, or paid events) as specified on the Platform (Paid Services).
14.2 If you acquire Paid Services, additional terms may apply and will be presented at the point of purchase.
14.3 All prices are in Australian Dollars (AUD) and are inclusive of GST unless stated otherwise.
14.4 Payment processing may be handled by a third-party provider. You authorise us (and our payment provider) to charge the fees disclosed at checkout.
14.5 No unauthorised purchasing. If you are an employee, you must not purchase Paid Services on behalf of the McKercher Corporation unless authorised.
15.1 Change-of-mind. To the extent permitted by law, we do not provide refunds for change-of-mind for:
(a) digital Content once accessed, streamed, or downloaded; or
(b) time-limited access to Paid Services once commenced,
unless we expressly state otherwise at checkout or in writing.
15.2 Discretionary refunds. We may, at our discretion, provide credits, substitutions, or partial refunds in circumstances we consider appropriate (for example, duplicate purchase, accidental purchase, or genuine hardship), subject to verification and anti-fraud checks.
15.3 How to request. Refund requests must be submitted to [email protected] within 48 hours and include proof of purchase and the reason for the request.
15.4 This clause 15 operates subject to clause 16 (Australian Consumer Law) and does not limit any non-excludable rights.
16.1 Non-excludable rights. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the ACL or any other applicable law that cannot be excluded, restricted, or modified.
16.2 Consumer guarantees. If you acquire goods or services from us as a “consumer” under the ACL, you may have statutory rights (including consumer guarantees) in relation to those goods or services.
16.3 Remedies. Where the ACL applies, and there is a failure to comply with a consumer guarantee:
(a) for a major failure with goods, you may be entitled to a replacement or refund and compensation for reasonably foreseeable loss;
(b) for a major failure with services, you may be entitled to cancel the service contract and receive a refund for the unused portion (where applicable), and compensation for reasonably foreseeable loss; and
(c) for a minor failure, we may be entitled to provide a remedy such as repair, replacement, or re-supply (or the cost of doing so), depending on the circumstances and as permitted by law.
16.4 Limitation where permitted. To the extent the ACL permits us to limit our liability for goods or services that are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, we limit our liability (at our option) to:
(a) in the case of services—re-supplying the services or paying the cost of having the services supplied again; and
(b) in the case of goods—replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of replacement or repair.
16.5 No misleading statements. Any internal policy or statement on the Platform about refunds, returns, cancellations, or time limits applies only to the extent permitted by the ACL.
17.1 Content accuracy. While we take reasonable care in preparing and curating Content, Content may be general, summarised, time-sensitive, or based on third-party sources. We do not warrant that Content is complete, current, error-free, or suitable for your particular purpose.
17.2 Technology risks. We do not warrant that the Platform will be free from vulnerabilities, viruses, or harmful code. You are responsible for using appropriate security measures on your device and network.
17.3 Third-party content. We are not responsible for third-party materials, including third-party publications, tools, advertisements (if any), or external links.
17.4 This clause 17 operates subject to clause 16 (Australian Consumer Law).
18.1 General. To the maximum extent permitted by law, and subject to clause 16, the Company and the McKercher Corporation exclude all liability for any loss or damage (including indirect or consequential loss, loss of profit, loss of opportunity, loss of data, or reputational loss) arising out of or in connection with:
(a) your access to or use of (or inability to access or use) the Platform;
(b) reliance on Content;
(c) any unauthorised access to your account; or
(d) any third-party website or content.
18.2 Liability cap (to the extent permitted). To the maximum extent permitted by law and subject to clause 16, our total aggregate liability to you for any claim connected with the Platform or these Terms is limited to:
(a) if you paid fees for the relevant Paid Service in the 12 months prior to the event giving rise to the claim—the total fees you paid for that Paid Service; or
(b) if no fees were paid—AUD $20 or such other amount as is reasonable in the circumstances.
18.3 Employee context. Where you access the Platform as an employee, nothing in these Terms limits any rights you may have under applicable employment laws in relation to your employment (separate to Platform access).
19.1 You indemnify the Company against any claims, losses, liabilities, costs, and expenses (including reasonable legal costs) arising out of or in connection with:
(a) your breach of these Terms;
(b) your unlawful use of the Platform;
(c) your misuse or unauthorised disclosure of Confidential Information; or
(d) your User Content (including any allegation it infringes third-party rights),
except to the extent the loss is caused by our negligence, wilful misconduct, or breach of law.
20.1 We may suspend, restrict, or terminate your access to the Platform immediately by notice (or without notice where reasonable) if we reasonably believe you have:
(a) breached these Terms or any applicable policy;
(b) misused or disclosed Confidential Information;
(c) engaged in unlawful conduct; or
(d) created a security risk to the Platform or any person.
20.2 We may also disable accounts upon cessation of your employment or engagement, or if you are no longer an Authorised User.
20.3 Termination does not affect rights accrued before termination and clauses intended to survive termination survive, including clauses 10 (Confidentiality), 16 (ACL), 18 (Limitation of liability), and 19 (Indemnity).
21.1 We are not liable for any delay or failure to perform our obligations to the extent caused by events beyond our reasonable control (including failures of networks, hosting providers, power, natural disasters, industrial action, cyber incidents, or government actions) (Force Majeure Event).
21.2 If a Force Majeure Event continues for more than 7 days days and materially affects the Platform, we may discontinue or materially change the affected Services by giving reasonable notice where practicable.
22.1 If you have a complaint about the Platform or Content, you should contact [email protected] with sufficient detail to allow investigation.
22.2 We will use reasonable efforts to respond within 5 business days.
22.3 If you are an employee, you may also raise issues through internal channels under your HSEQ policy.
23.1 We collect, use, disclose, and store personal information in accordance with:
(a) the Privacy Act 1988 (Cth) and the Australian Privacy Principles (where applicable); and
(b) our Privacy Policy available at https://mckerchercorporation.com/privacy-policy/.
23.2 Associated platforms may log and monitor usage, including access times, pages viewed, downloads, and system activity, for security, compliance, audit, training, and operational purposes, in accordance with applicable law and Cyber security and data management policy (via PSW Energy).
23.3 You acknowledge that information transmitted over the internet may not be completely secure. To the extent permitted by law, you provide information at your own risk, and we will take reasonable steps to protect information in accordance with our policies and legal obligations.
25.1 These Terms are governed by the laws of Western Australia and the Commonwealth of Australia.
25.2 You submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts competent to hear appeals from those courts.
26.1 McKercher Corporation Pty Ltd
Address: 3/90 Discovery Drive, Bibra Lake, Western Australia, 6163
Email: [email protected]
Phone: +61 (08) 6171 4111
Platform support: [email protected]