Terms and Conditions

Welcome to our website.

The below terms (“Terms”) together with our Privacy Policy contain the agreement between you and AROC Training Australia as to the terms on which you are permitted by AROC Training Australia to use the website.

AROC Training Australia owns and operates the website, and owns all intellectual property rights in the website including all content unless otherwise indicated, and all such rights are specifically reserved. AROC Training Australia may also be licensed to use content on the website in which the intellectual property rights are owned by third parties. AROC Training Australia permits you to use and otherwise benefit from the website but only in accordance with these terms and subject to any limitations on the use of any content stored on the website that have been imposed upon AROC Training Australia by its respective content providers.

By your use of this website, you acknowledge that you have read and understood the Terms and have agreed to comply with and be bound by them. If you do not agree to these terms you must not use the website. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to AROC Training Australia and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

To help you to understand the way our organisation works and to help you get the most from your studies, we have prepared a Student Handbook which we hope will answer many of the questions you have about studying with us. By enrolling in a course with us, you agree that you will also comply with the policies and procedures in the Student Handbook.

If you purchase goods from our website, our Price Match Policy, Returns Policy, and Delivery Information will also apply to your purchase.

If you have any questions or complaints regarding the website or these Terms, please contact AROC Training Australia using the details on our Contact page.

AMENDMENT OF TERMS 

We reserve the right to change, modify, add or remove portions of these Terms at any time and at our sole discretion. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. However, it is your responsibility to keep yourself informed of any changes to these Terms. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and AROC Training Australia’s rights and obligations to each other. Your use of any part of the website will be regulated by these Terms as they exist from time to time.

ACKNOWLEDGEMENTS, DISCLAIMERS AND LIMITATION OF LIABILITY 

To the maximum extent permitted by law, you acknowledge, agree and warrant that:

1. The content provided on the website is provided to you as is and with all faults, and that all warranties (express or implied) are hereby excluded. We do not represent or warrant that such content is complete or accurate. We are not responsible for any errors, inaccuracies, or omissions in, or for any unauthorised material that may form part of, any content contained on the website, regardless of its source or how it came to be located on the website, and we hereby expressly exclude any and all liability for any loss that you may incur or sustain that in any way relates to or arises out of such content or your use of or reliance thereon, even if you have advised us of the possibility of such loss;
2. All content provided on the website is for information purposes only; 
3. We shall not be liable for any loss that you may incur or sustain that in any way relates to or arises out of any circumstance beyond our control, including but not limited to failure by third party data transmission networks or servers causing the unavailability of the website; and
4. You acknowledge and accept the risk that any communication to or from the website may be intercepted, used or interrupted by third parties, that the website may not be free of unauthorised material, unauthorised software, inaccuracies, errors and/or omissions. We shall not be liable for any loss or delay that you may incur or sustain that in any way relates to or arises out of your use of or activities in connection with the website or any content or linked content thereon, and you release, discharge and indemnify us from and in respect of any and all such liability.

You hereby acknowledge and agree that we would not permit you to use the website but for your acknowledgments and your agreement to the limitations on our liability as set out above.

COVID-19

AROC Training Australia will use its best efforts to continue to provide goods and services despite COVID-19. However, circumstances and government responses may change rapidly. AROC Training Australia is working hard to comply with all government regulations and health directives.

You acknowledge that due to COVID-19, there may be:

• Delays and limitations to the stock available for sale on our website; 
• Delays in processing and delivering orders of physical goods; and
• As a last resort, orders may need to be cancelled.

If we cancel an order, we will provide you with a full refund. Otherwise, AROC Training Australia shall not be liable for any loss that you may incur or sustain that in any way relates to COVID-19, including but not limited to delays in processing orders.

WARRANTIES, GUARANTEES, THE COMPETITION AND CONSUMER ACT 2010 (“CCA”) AND FAIR TRADING ACTS (“FTA”)

Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these Terms (“Non-Excluded Guarantees”). The Company acknowledges that nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.

Except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees, the Company makes no warranties or other representations under these Terms including but not limited to the quality or suitability of any goods or services supplied. The Company’s liability in respect of these warranties is limited to the fullest extent permitted by law.

To the extent permitted by law, AROC Training Australia’s liability for any breach of these Terms is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. 

You must be over 18 years of age to use this website and to purchase any goods or services. 

DELIVERY OF GOODS 

Physical goods may be delivered by Australia Post and/or other reputable courier companies. 

Please see our Delivery Information page for delivery options for physical goods.

Deliveries will be processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly. We are not responsible for goods that are damaged in transit or not received. Subject to the Non-Excluded Guarantees noted above, replacement of damaged or lost items is made at the discretion of AROC Training Australia. Please see our Returns Policy for more information.

Digital goods such as software are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you. 

LINKS TO OTHER WEBSITES 

AROC Training Australia may from time to time provide links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between AROC Training Australia and the owners of those websites. Any such linked content is not under the control of AROC Training Australia, and we take no responsibility for any of the content found on the linked websites (including changes or updates). We are not responsible for webcasting or any other form of transmission forming part of any linked content. Your use of any linked content is at your own risk.

AROC Training Australia’s website may contain information or advertisements provided by third parties for which AROC Training Australia accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a recommendation only and are not providing any advice nor do we take any responsibility for any advice received in this regard. 

YOUR PRIVACY 

At AROC Training Australia, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. AROC Training Australia respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully. You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. AROC Training Australia’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data AROC Training Australia collects are secured against unauthorised use or access. Credit card information is not stored by us on our servers.

USE RESTRICTIONS

We may limit use and/or availability of the whole or any part of the website to or by any person, geographic area or jurisdiction we deem fit in our sole and unfettered jurisdiction.

You may, subject to the Terms, personally use public pages on the website provided that such use is for your own use and not for commercial exploitation.

Except as expressly provided (and then only to the extent so provided) in these Terms or in any law you must not:

1. use any part of the website through any means not provided or intended by us. 
2. use any part of the website contrary to any directions, instructions or policies contained in the terms or elsewhere on the website;
3. use or permit or suffer any other person to use any administration pages forming part of the website;
4. use the website for any fraudulent or unlawful purpose;
5. submit any information via the website that is not true and accurate in every particular or that is misleading or deceptive or likely to mislead or deceive in any particular;
6. impersonate any person or computer whilst using the website;
7. enter or store any personal information or sensitive information relating to any person other than yourself in any part of the website unless the person to whom such information relates has accepted these Terms and has authorised you to do so on their behalf;
8. interfere with or disrupt, or attempt to interfere with or disrupt, the operation or usability of any part of the website or the servers or networks used to make the website available, or otherwise violate any requirements, procedures, policies or regulations of such networks;
9. reproduce, duplicate, copy, sell, resell or otherwise exploit any part of (including use of) the website or its content for commercial gain;
10. systematically download the whole or any part of the website, whether or not for commercial gain;
11. make or distribute copies of the website or any part of it (including any content stored on the website);
12. transfer, share, disclose or licence any access codes relating to the website or to your right to use any part of the website to or with any other person, whether or not for value;
13. adapt, alter, delete, modify, or translate any part of the website (including any content on the website);
14. upload any unauthorised material to the website;
15. remove, disable or circumvent any proprietary notices or labels, or security or operational features contained on or within the website or any part of it.

To avoid doubt, you must not allow any other person to do anything you are prohibited from doing under these Terms.

You must remove any unauthorised material you have uploaded to any part of the website immediately upon being directed by us to do so. However, we reserve the right to remove, delete and/or destroy any unauthorised material you have uploaded to any part of the website without first directing you to do so and without giving you prior notice of our intention to do so or reasons for our doing so.

INDEMNITY

You agree to defend, indemnify and hold us and our content providers harmless from and against all claims and liabilities that in any way relate to or arise out of:

1. your use of or activities in connection with the website or any content or linked content we provide on or via the website;
2. your breach of any of these Terms; or
3. any infringement by you of any intellectual property rights owed by us or our content providers.

PROBLEMS WITH THE WEBSITE

If you think there has been a mistake or an operation you did not authorise, or if you think there are any faults in any part of the website, you must inform us immediately using the details on our Contact page.

WHOLE AGREEMENT

These Terms, along with our Privacy Policy, represent the whole agreement between you and AROC Training Australia concerning your use and access to AROC Training Australia’s website and your use and access to the documents and information on it, and they supersede any prior representations (express or implied), discussions, undertakings, communications or advertising relating to the website. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth of Australia or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS 

Where any provision of these Terms would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms which are self-sustaining and capable of separate enforcement.

JURISDICTION AND GOVERNING LAW

The content of the website is for general informational purposes only and is not intended to be comprehensive or be relied upon, and as such may not be appropriate to your needs. You should contact us to seek specific advice as to the products and regarding your particular circumstances. We attempt to ensure that the content is current, but we do not guarantee its currency. 

You should seek legal or other professional advice before acting or relying on any of the content.

If you access the website, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations in your jurisdiction.

These Terms shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, and any applicable laws of the Commonwealth of Australia. Any proceedings in respect of any cause of action shall be instituted, heard and determined in accordance with the law of the State of Queensland in a Court of competent jurisdiction. Any such Queensland Court shall have territorial jurisdiction to hear and to determine such proceedings. You hereby submit to the exclusive jurisdiction of the courts of Queensland and courts competent to hear appeals from those courts. 

RESERVATIONS

We hereby reserve all rights not expressly granted to you under these conditions. Without prejudice to any of our other rights:

1. all right title and interest in and to the website (including any content stored on it), any accompanying printed materials, and any copies of the website, are owned by and remain the property of AROC Training Australia and/or content providers as the case may be; and
2. all right title and interest in and to the content that is not contained in the website, but which may be accessed through use of the website is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. Use of any online services which may be accessed through the website may be governed by the respective terms of use relating to such services. If the website contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation for your own use but not for commercial exploitation.

You may not use our intellectual property rights in connection with any product or service that is not ours or in any manner that is likely to cause confusion.

Nothing contained on the website is intended to or should be construed as granting any license or right to use any trade names or trade marks or any other Intellectual Property Rights without the express prior written consent of the owner.

ELECTRONIC COMMUNICATION

In accepting these conditions you agree that we can give you any information required or permitted to be given to you under these Terms or our Privacy Policy, or by law or any applicable code, by electronic communication, unless any law or code requires otherwise.

TERMINATION

The agreement constituted by your acceptance of these Terms is effective until terminated. We may at any time and for any reason terminate your use of the website. Upon such termination, your right to use the website will immediately cease. You agree that we will not be liable to you or any third party for any termination of your use of the website.

We may take any steps we believe are appropriate to enforce or verify compliance with any part of these Terms.