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Refund and Returns Policy

Overview

This Refund Policy and Terms of Sale document (the “Policy”) constitutes an integral part of the terms governing your purchase and utilisation of digital courses, diagnostic mock testing engines, instructional modules, and related educational materials (collectively, the “Digital Products”) provided by this platform (the “Provider”, “we”, “us”, or “our”).

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“ACL”). Nothing contained within this Policy, nor any condition, warranty, or representation expressed elsewhere within our digital infrastructure, operates to exclude, restrict, or modify, or have the effect of excluding, restricting, or modifying, the application of any statutory condition, warranty, guarantee, right, or remedy conferred upon you by the ACL that cannot lawfully be excluded, restricted, or modified.

Subject strictly to the non-excludable statutory protections outlined above, all sales, enrolments, transactional commitments, and digital provisions executed via this website are governed by the express terms, structural conditions, and operational parameters set forth in the sections below.

2. Nature of Immediate Digital Provision and Consumption

You acknowledge, comprehend, and expressly agree that the Digital Products offered by the Provider constitute non-tangible, digital, electronic educational materials and automated assessment systems. Upon the successful processing and verification of your payment through our designated merchant gateways (such as Stripe), delivery of the Digital Products commences instantaneously:

  • Your unique user profile is provisioned immediately within the internal learning management system database.
  • Digital authentication tokens, licence keys, or account access credentials are generated and dispatched electronically.
  • Unrestricted access is granted to our proprietary syllabus, written modules, technical diagrams, visual scenario schematics, and testing banks.

Because access to the complete intellectual property, compilation of questions, and structural guidance occurs immediately upon purchase completion, the service is deemed fully delivered at the precise moment electronic access credentials are generated.

3. Change-of-Mind Exclusions

In accordance with Australian consumer legislation governing bespoke digital services and instantly consumed electronic intellectual property, the Provider is under no legal obligation to provide, and expressly refuses to provide, refunds, cancellations, exchanges, credit notes, or alternative financial restitution for circumstances arising from a “change of mind.”

Non-refundable change-of-mind circumstances include, without limitation:

  • Buyer Remorse or Personal Preference: A subsequent subjective decision by the purchaser that they no longer desire, require, or wish to pursue maritime licence acquisition, personal watercraft certification, or preparatory study.
  • Redundancy of Need: Changes in personal circumstances, employment, leisure plans, or financial stability occurring post-transaction.
  • Failure to Read Specifications: Purchasing the wrong product tier, purchasing an individual course instead of a combined bundle, or failing to review published course curricula, hardware requirements, or platform compatibility specifications made available prior to checkout.
  • Self-Perceived Knowledge Equivalence: Unilateral determinations post-purchase that the candidate already possessed the technical knowledge, maritime principles, or rules outlined within the educational syllabus.
  • Voluntary Non-Usage: Purchasing access to the platform and subsequently failing to log in, navigate modules, attempt mock assessments, or utilize the access period prior to its expiration.

4. Regulatory Independence and Third-Party Assessment Disclaimers

The Provider is a private, commercial educational entity and does not operate as an accredited Registered Training Organisation (RTO) or Authorised Training Provider (ATP) under maritime legislation. The Provider is completely unaffiliated with, unendorsed by, and independent of Transport for NSW, Maritime Safety NSW, Service NSW, the NSW Police Force Marine Area Command, or any other government, municipal, or regulatory authority.

Consequently, you expressly understand, accept, and agree that:

  • No Guarantee of Regulatory Success: The completion of our instructional lessons, visual scenario drills, and diagnostic mock examinations does not, and cannot, guarantee that an individual student will successfully achieve a passing score on the official state-administered theoretical examinations conducted at physical Service NSW centres or accredited external testing facilities.
  • Testing Centre Failures: An individual’s failure to pass Section A (General Knowledge), Section B (Critical Safety Knowledge), or the dedicated Personal Watercraft (PWC) knowledge test administered by a government authority does not constitute a defect, fault, failure, or shortcoming of our Digital Products.
  • Administrative Fees Excluded: The Provider accepts no liability and offers no financial restitution, reimbursement, or compensation for external expenses incurred by the student, including statutory examination booking fees, re-examination administrative surcharges, transport costs, lost wages, or associated logbook sign-off expenses.
  • Independent Practical Responsibility: The fulfillment of all practical boat handling requirements, supervising skipper verification, logbook documentation, and identity checks remains the sole legal and administrative responsibility of the candidate.

5. Australian Consumer Law Guarantees and Major Failures

Pursuant to the non-excludable provisions of the ACL, services provided by the Provider must be rendered with due care and skill, be fit for the particular purpose disclosed by the consumer, and be supplied within a reasonable time. Furthermore, digital goods must be of acceptable quality, match the description provided, and be fit for any disclosed purpose.

Definition of a Major Failure

A failure of our Digital Products to comply with an applicable statutory guarantee will be deemed a “Major Failure” under the ACL if and only if:

  1. The digital service would not have been acquired by a reasonably informed consumer who was fully aware of the nature and extent of the failure; or
  2. The digital service departs significantly from the description, sample, or demonstration presented prior to purchase; or
  3. The digital service is substantially unfit for the standard purpose for which services of the same kind are commonly supplied, and it cannot easily, and within a reasonable timeframe, be remedied to make it fit for such purpose; or
  4. The service is unfit for a particular purpose made known to the Provider, and cannot easily and within a reasonable timeframe be remedied; or
  5. The digital infrastructure produces an outcome that creates an unsafe condition.

Remediation and Cure Rights for Minor Failures

If a platform defect, programming malfunction, or hosting disruption does not amount to a Major Failure under the definitions above, the issue constitutes a Minor Failure. In the event of a Minor Failure, the Provider is entitled, at its sole election and within a reasonable timeframe, to remedy the failure by:

  • Rectifying database access tokens, user permission states, or broken platform assets;
  • Restoring electronic service availability via server re-provisioning or technical bug patches;
  • Supplying equivalent alternate digital educational resources; or
  • Extending the active duration of the user’s platform access license free of additional charge.

6. Technical Defects, Remediation Protocol and Claims Procedure

In the event that an enrolled student encounters technical difficulties that entirely prevent access to the Digital Products, the student must strictly adhere to the following mandatory administrative dispute and remediation protocol:

Step 1: Formal Written Notice

The purchaser must transmit a formal written notification to the Provider’s technical support desk via our official electronic support channel within fourteen (14) days of the initial transaction or the onset of the technical failure. The notification must include:

  • Full name, billing email address, and transaction identifier (Stripe payment ID);
  • A comprehensive, detailed description of the precise failure observed;
  • Explicit documentation, including uncropped screenshots, console error logs, browser versions, and operating system details illustrating the failure;
  • Confirmation that the user has cleared their browser cache, disabled conflicting browser extensions, and attempted access via an alternate device or modern browser (Google Chrome, Apple Safari, Mozilla Firefox, or Microsoft Edge).

Step 2: Remediation Window

Upon receipt of a comprehensive, verifiable technical support notification, the Provider’s engineering team shall have a mandatory investigation and remediation period of three (3) consecutive business days (excluding weekends and declared public holidays in New South Wales) to correct the database error, resolve permission conflicts, update broken code, or restore server functionality.

Step 3: Refund Eligibility Determination

If, following the expiration of the three (3) business day remediation period:

  • The core digital curriculum remains wholly inaccessible due entirely to an internal server-side defect, database corruption, or coding malfunction within our software architecture; and
  • The disruption was not caused, directly or indirectly, by client-side incompatibilities, user error, corrupted local hardware, unsupported legacy browsers, third-party internet service provider disruptions, or regional network blocks;

Then the failure shall be formally designated an irremediable platform failure, and the consumer shall be entitled, upon verification, to a full refund of the net purchase price paid for the affected Digital Product.

7. User-Side Hardware, Software, and Network Preclusions

The Provider makes no representation, guarantee, or warranty that our Digital Products will execute cleanly on hardware, operating systems, or software platforms that do not meet contemporary internet standards.

Refunds will not be issued, and claims of service failure will be rejected, where non-access or layout distortion is caused by:

  • Client-Side Connectivity Constraints: Inadequate local bandwidth, intermittent mobile broadband, high packet loss, or deliberate local network filtering (such as corporate firewalls, VPNs, or school network proxy servers).
  • Unsupported Software Configurations: Utilizing legacy, out-of-date, or non-compliant web browsers (including Internet Explorer or obsolete mobile browser engines), or utilizing operating systems that no longer receive security and standard web protocol updates.
  • Third-Party Client Interference: Browser plugins, ad-blocking software, script-blockers, custom anti-virus suites, or strict tracker-blocking privacy firewalls that deliberately interrupt, suppress, or modify the execution of legitimate application scripts, media delivery pipelines, or database communication tokens.
  • Failure of User Communication Channels: Inability of the user to receive automated registration, password-reset, or onboarding emails due to external spam filters, overfilled client inboxes, or incorrect, mistyped, or misspelled email addresses submitted at checkout.

8. Unauthorized Access, Intellectual Property Breach and Account Termination

All intellectual property rights in the Digital Products, including all text, curriculum sequencing, structural architectures, diagnostic questions, explanations, voxel graphical assets, diagrams, software code, and interface layouts, remain the exclusive property of the Provider and are protected under the Copyright Act 1968 (Cth) and international intellectual property treaties.

Access to the Digital Products is granted as a single, revocable, non-exclusive, non-transferable, individual study licence solely for the personal educational use of the specific enrolled purchaser.

The Provider actively monitors concurrent session activity, IP geolocation clustering, and credential distribution patterns. If our automated systems identify:

  • Credential sharing, concurrent logins from disparate geographic regions, or distribution of access tokens to non-paying third parties;
  • Unauthorized scraping, automated harvesting, copying, reproduction, recording, publishing, or redistribution of course copy, question banks, or visual assets;
  • Any commercial exploitation, public performance, or secondary licensing of the instructional material;

The Provider reserves the absolute statutory and contractual right to immediately terminate, revoke, and permanently delete the offending account without notice. In instances of deliberate breach of intellectual property, fraudulent credential sharing, or unlawful redistribution, all rights to any refund, statutory claim, or remedial compensation are completely forfeited, and the Provider reserves all rights to initiate formal legal proceedings for commercial copyright infringement, breach of contract, and recovery of damages.

9. Processing of Approved Statutory Refunds

Where a refund is formally authorised, approved, and granted by the Provider pursuant to the statutory terms set forth within Section 5 and Section 6 of this Policy:

  • Payment Mechanism: The refund shall be processed exclusively via the original payment pathway and transaction merchant through which the initial purchase was executed (e.g., refunded directly to the original credit or debit card via Stripe). Under no circumstances will refunds be issued via third-party bank transfers, alternative cards, physical cheques, or cash equivalents.
  • Processing Timelines: While the Provider executes the electronic refund command within two (2) business days of approval, the formal crediting of funds back into the consumer’s available account balance remains subject to the interbank clearing rules and financial schedules of the receiving banking institution (commonly requiring between five (5) and ten (10) additional financial business days).
  • Immediate Revocation of Rights: The issuance and completion of an approved refund immediately and permanently extinguishes, revokes, and deletes all associated user accounts, module access privileges, historical exam scores, and system credentials connected to the refunded Digital Product.

10. Jurisdiction and Contact Administration

This Policy is governed by, construed, and enforced in accordance with the laws of the State of New South Wales and the Commonwealth of Australia. The purchaser irrevocably submits to the exclusive jurisdiction of the Courts of New South Wales and Courts competent to hear appeals therefrom in relation to any dispute, claim, litigation, or proceeding arising out of or in connection with this Policy or the provision of the Digital Products.