Terms & Conditions of Use

1. Introduction & Acceptance of These Terms

These Terms and Conditions of Use ("Terms", "Agreement") form a legally binding contract between you ("you", "your", "the User") and the operators of the Blue Training website ("Blue Training", "we", "us", "our"). By accessing, browsing, registering an account on, or otherwise using the website located at the domain associated with Blue Training and all sub-pages, sub-domains, API endpoints, mobile-responsive presentations, cached mirrors, and syndicated extracts thereof (collectively, the "Website"), you acknowledge that you have read, understood, and agreed to be unconditionally bound by these Terms in their entirety.

If you do not agree with any provision of these Terms, your sole and exclusive remedy is to immediately cease all use of the Website and to remove any cached or downloaded copies of any material obtained from the Website from your systems. Continued use of the Website after any modification to these Terms, whether or not you have personally reviewed that modification, shall be deemed conclusive acceptance of the modified Terms by you and shall constitute a binding agreement to the Terms as so modified.

These Terms are supplementary to and incorporate by reference any additional policies, notices, codes of conduct, or agreements we may publish on the Website from time to time, including (without limitation) our Privacy Policy, Refund Policy, any community guidelines, any specific terms applicable to a particular feature, and any transactional terms presented at the point of use of a specific function.

2. Definitions & Interpretation

In these Terms, unless the context requires otherwise, the following expressions shall have the meanings set out below:

In these Terms, headings are for convenience only and shall not affect the construction of any provision. Words in the singular include the plural and vice versa. References to any legislation include any subordinate instruments made under that legislation and any legislation that replaces, supplements, or re-enacts that legislation. The expressions "including", "includes" and "include" shall be construed as being by way of illustration and not limitation, and shall not be taken to limit the generality of the preceding words.

3. About Blue Training and the Nature of the Website

The Website is an educational and informational resource presenting plain-English commentary, summaries, curated links, practice quizzes, and explanatory imagery relating to safety courses and licences commonly required to work in the Australian construction, rail, mining, and heavy vehicle industries. The Website is intended as a study aid, a navigational starting point for users seeking to understand Australian vocational safety course pathways, and a convenient index of publicly available primary-source material published by Australian regulators and government agencies.

The Website does not purport to provide, does not provide, and cannot provide formal accredited vocational education and training. The Website does not issue qualifications, statements of attainment, certificates of competency, nationally recognised credentials, or any other document capable of satisfying the training-evidence requirements imposed by Australian work health and safety legislation, rail safety legislation, mining safety legislation, or heavy vehicle licensing regimes. Any educational, assessment, training, or course value accruing to a User must be obtained through a separate engagement between that User and an Accredited RTO or other duly authorised issuer, independent of the Website.

The Website is provided on a general and non-personalised basis, meaning the Content is not calibrated to any particular User's prior experience, employment situation, health status, jurisdiction, language proficiency, or trade. Users are solely responsible for determining whether any given item of Content is applicable to their circumstances and for obtaining personalised advice where required.

4. Eligibility to Access and Use the Website

You represent and warrant, on your own behalf and on behalf of any entity on whose behalf you access the Website, that:

• you are at least eighteen (18) years of age, or if under eighteen, you are accessing the Website with the knowledge, supervision, and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf;
• you have full legal capacity to enter into binding contracts under the law of your place of residence and ordinary habitual jurisdiction;
• you have not been previously suspended, barred, or permanently excluded from the Website;
• your use of the Website will not violate any applicable law, regulation, court order, or contractual obligation;
• if you are accessing the Website on behalf of an employer, training partner, recruiter, educational institution, union, government agency, or any other principal, you are duly authorised to do so and to bind that principal to these Terms; and
• any information you provide to us is true, accurate, current, and complete, and you will maintain the accuracy of such information at all times during your use of the Website.

We reserve the absolute right to restrict, condition, suspend, or revoke access to the Website, or to any specific feature of the Website, by any User at any time, with or without notice and with or without cause, at our sole discretion.

5. User Accounts, Registration and Security

Certain features of the Website may require or permit you to register an account. Where you elect to do so, you agree to provide accurate, current, and complete registration information and to keep your account details up to date. You are solely responsible for safeguarding your authentication credentials (including without limitation passwords, one-time codes, and any associated recovery methods) and for all activities that occur under your account, whether or not authorised by you. You must notify us immediately of any suspected or actual unauthorised use of your account.

We may implement such account-verification, age-assurance, identity-proofing, two-factor authentication, device binding, rate-limiting, or other security measures as we consider appropriate from time to time, and we reserve the right to require a User to comply with any such measures as a condition of continued access.

You must not share, rent, sell, or transfer your account to any other person, and you must not attempt to access any portion of the Website through an account registered to another person without that person's explicit authorisation.

5A. Payments, Pricing, Digital Products & Refund Policy

This clause 5A governs all Paid Products. By completing a checkout, entering payment details, clicking a button labelled "Buy", "Unlock", "Enrol", "Start Course", "Agree & Continue to Checkout" or any functionally equivalent control, or otherwise initiating a transaction on the Website, you accept the specific terms of this clause 5A in addition to the balance of these Terms.

You acknowledge that Paid Products are supplied as immediate-access digital educational resources, not as in-person training, not as accredited training, not as regulated assessment, and not as a government, RTO, licence or regulator-issued credential. You are responsible for reviewing the relevant product page, pricing page, checkout notice, accreditation disclaimer, Privacy Policy and Refund Policy before purchasing.

5A.1 Pricing, Currency and Taxes

All prices are displayed in Australian Dollars (AUD) and, unless expressly stated otherwise at the point of sale, are inclusive of Goods and Services Tax (GST) where GST applies. Prices are subject to change at any time without notice, save that changes will not retroactively affect a transaction already completed. From time to time promotional pricing, discount codes, or bundled offers may be made available; these are offered at our sole discretion, may be withdrawn at any time, cannot be combined unless expressly stated, and have no cash value.

5A.2 Payment Processing

Payments are processed through third-party Payment Providers, including, without limitation, PaymentCloud, Stripe, Lemon Squeezy, their respective sub-processors, acquiring banks, card networks, gateways, fraud-prevention services and dispute-management services. By providing payment details, you authorise the applicable Payment Provider to charge your nominated payment method for the relevant Paid Product plus any applicable taxes, currency-conversion fees, cross-border fees, card fees or other charges shown or applied by that provider.

Your use of a Payment Provider is governed by that provider's own terms, privacy policy, card-network rules, merchant-service rules and risk controls. Any dispute concerning card authorisation, settlement timing, bank holds, failed authorisations, insufficient funds, cardholder authentication, intermediary fees, exchange-rate treatment or issuer-side restrictions is, to the maximum extent permitted by law, a matter between you and the relevant Payment Provider, card issuer, bank or financial institution.

We do not intentionally store full payment card numbers, card security codes or complete bank-account credentials on our own systems. We may store and use Transaction Identifiers, product identifiers, customer email, customer name, payment status, access status, dispute status, chargeback status, checkout metadata and payment-provider notices so that we can reconcile the payment to the correct User, Paid Product, Evidence Log and access entitlement.

5A.3 Digital Delivery and Immediate Access

Each Paid Product is a digital product delivered electronically and is supplied by making digital access available to the purchaser, account, browser session, email address or entitlement record associated with the transaction. Access may be supplied by server-side flag, database entitlement, checkout callback, payment-provider metadata, downloadable file, certificate tool, account unlock, local browser state or equivalent digital mechanism.

You acknowledge and expressly agree that:

• you require and consent to immediate commencement of the supply of the digital service upon payment;
• you understand that, by receiving immediate access, any statutory or voluntary "cooling-off" right that might otherwise have applied is waived to the maximum extent permitted by law; and
• the Paid Product is materially delivered upon grant of access, irrespective of whether you subsequently choose to download, open, view, read, complete, or make any other use of it;
• your choice not to use, complete, print, download, save, revisit, attempt or rely on the Paid Product after access is supplied does not mean that digital delivery failed; and
• Blue Training may record access, usage and course-consumption events to verify delivery, support account recovery, calculate content-consumption percentages and respond to payment disputes.

5A.4 All Sales Are Final - No Refunds

All payments for Paid Products are final, non-refundable, non-returnable, non-exchangeable, and non-transferable once digital access is supplied, except to the extent a refund or other remedy is required by a non-excludable law. Blue Training does not provide voluntary refunds, credits, discounts, exchanges, transfers, make-goods, goodwill payments or other compensation merely because you change your mind, do not use the product, misunderstand a clearly disclosed product attribute, or later decide the product does not suit your personal circumstances.

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, statutory warranty, right or remedy that cannot lawfully be excluded, restricted or modified. To the maximum extent permitted by law, any voluntary refund policy is excluded once digital access is supplied.

Without limiting the general rule above, no refund, credit, exchange, transfer, discount, make-good, or other compensation will be provided for:

• change of mind, buyer's remorse, reconsideration of value, regret about purchase timing, or dissatisfaction with the overall experience;
• failure to commence, continue, or complete any course, module, quiz, download, or certificate-claim process;
• failure to achieve a passing score on any Practice Quiz, failure to receive a certificate, perceived difficulty, subjective opinion regarding content quality, style, length, pacing, grammar, imagery, tone, or teaching approach;
• duplicate or accidental purchases arising from actions taken by you (including multiple clicks, forgotten prior purchases, sharing a payment method with another person, or failure to check your account status before purchasing);
• any inability on your part to access the Website or any Paid Product due to local network outages, device failures, incompatible browsers or devices, parental or corporate firewall restrictions, geo-blocking by your internet service provider, loss of your login credentials, deletion of your account, or any other cause attributable to your own environment;
• discovery after purchase that the content, syllabus, unit code coverage, jurisdictional emphasis, or other attribute of the Paid Product does not match your particular assumption or expectation, where such attribute was adequately described or reasonably discoverable on the Website prior to purchase;
• any decision by you, your employer, an educational institution, a Registered Training Organisation, a regulator, an insurer, a prospective employer, a contractor, a principal, a licensing authority, or any other third party not to recognise, credit, accept, rely on, or give effect to any Paid Product, its contents, or any certificate, PDF, or other output produced from it;
• failure, suspension, delay, bounce, or non-delivery of any email containing a certificate, invoice, receipt, or other document, where such failure is attributable to your email provider, spam filtering, mailbox quota, forwarding configuration, or incorrect email address entered at checkout;
• scheduled or unscheduled maintenance, planned or unplanned downtime, feature deprecation, or the temporary unavailability of the Website or any specific feature, provided such unavailability is not continuous for an unreasonably long period;
• any event or circumstance falling within the scope of clause 20 (Force Majeure);
• any loss of access caused by suspension or termination of your account pursuant to clause 19;
• technical interruption, temporary downtime, maintenance, error, or delayed access restoration; or
• any other reason whatsoever.

If you believe a transaction was unauthorised or fraudulent, you must contact your bank or payment provider directly. We reserve the right to suspend access while any payment dispute, reversal, or suspected fraudulent transaction is investigated.

5A.5 Support Is Limited to Access Restoration

If a paid digital product cannot be accessed, Blue Training may provide reasonable troubleshooting or access restoration where we can verify the purchase. You must provide enough information for us to identify the relevant transaction, such as full name, purchase email, course, approximate purchase date, Transaction Identifier, receipt or bank reference.

Support, troubleshooting, reactivation, resend of access information, certificate re-email, PDF re-generation or access restoration does not create any refund, credit, exchange, transfer, discount, make-good, goodwill payment or compensation entitlement. If we verify that access was supplied and the issue is caused by your device, browser, network, email inbox, spam filtering, incorrect email address, loss of credentials, refusal to follow reasonable troubleshooting steps or other circumstance outside our reasonable control, our remedy is limited to reasonable support and access restoration where technically practical.

5A.6 Fraudulent or Unauthorised Transactions

If you believe a transaction was unauthorised or fraudulent, you must contact your bank or Payment Provider directly and notify us promptly. Blue Training does not issue direct refunds for disputed, unauthorised or fraudulent transactions unless required by law or agreed through the applicable payment process. We may cooperate with a Payment Provider, card issuer, bank, card network, regulator or law-enforcement investigation and may suspend or cancel any entitlement connected with the transaction while that investigation is pending.

If you open a payment dispute or chargeback after receiving digital access, you acknowledge that the relevant Payment Provider, bank or card network may request evidence from us and may make a decision under rules outside our control. We reserve all rights to submit Evidence Logs, Merchant Responses, access records, terms-acceptance records, technical records and correspondence to support our position that the Paid Product was accurately described, purchased, delivered, accessed or consumed.

5A.7 Evidence Logs and Dispute Response

By purchasing or accessing a Paid Product, you acknowledge that Blue Training may create and retain Evidence Logs linked to your account, browser session, course and payment transaction. These records may include your full name, email address, IP address (IPv4 or IPv6), browser user agent, approximate geo-location derived from network or hosting headers where available, session ID, Payment Provider, Transaction Identifier, checkout timestamp, terms-acceptance timestamp, login events, access events, course module, lesson or video starts and completions, quiz events, PDF downloads, certificate events, course-progress percentages and calculated consumed-value information.

Evidence Logs are intended to preserve a reliable record of the sequence of digital-delivery events. They are designed not to be editable by customers, ordinary support users or ordinary admin actions. Where a record is incomplete, inaccurate or requires explanation, Blue Training may add a supplementary event, correction note or contextual explanation rather than altering the original historical event. You agree that this append-only approach is a reasonable method of preserving payment, access, security and dispute evidence.

If a dispute, chargeback, suspected unauthorised transaction, fraud investigation, duplicate-transaction claim, "service not as described" claim or similar payment review is opened, we may use Evidence Logs to prepare a Merchant Response and may provide relevant records to the Payment Provider, acquiring bank, card issuer, card network, financial institution, dispute-resolution platform, adviser, regulator, law-enforcement body or other party reasonably involved in assessing, investigating, defending or resolving the transaction.

A Merchant Response may include a transaction timeline, payment references, customer details, screenshots or copies of applicable terms, the checkout notice, privacy notice, refund notice, login events, IP address, browser user agent, request-derived geo-location, course-consumption percentage, PDF downloads, quiz records, certificate records and support correspondence. You agree that these records may be used to demonstrate delivery of digital access, use of the Paid Product, acceptance of terms, and the factual context of any dispute.

5A.8 Certificates and Entitlements Are Personal and Non-Transferable

Every certificate, PDF download, course unlock, quiz attempt, or other entitlement granted pursuant to a Paid Product is personal to the individual who purchased it, is non-transferable, is non-assignable, and may not be shared, resold, rented, leased, gifted, bundled, uploaded to third-party repositories, or otherwise made available to any other person. Any breach of this clause is a material breach of these Terms, entitles us to immediately and permanently suspend the account without refund, and authorises us to invalidate any previously issued certificate or entitlement traceable to the offending account.

5A.9 Name and Email Used for Certificates

Where you request the issuance of a certificate, you are solely responsible for the accuracy and spelling of the name and email address you provide. We have no obligation to verify any such details. Certificates issued with misspelt names, outdated names, legally invalid names, or names not matching your government identification are not our responsibility, are not grounds for any refund, and may be reissued (at our sole discretion and upon reasonable request) only for a reasonable administrative fee.

5A.10 Our Pricing Errors

If a pricing error is published on the Website (for example, a course marked as "AU$0", "AU$0.49", or at an obviously non-commercial price), we reserve the right to cancel, suspend, or refuse delivery of any transaction effected at the incorrect price, without liability to you. You are not entitled to insist on delivery of the Paid Product at the incorrect price.

6. Permitted and Prohibited Uses

Subject to your continued compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Website for your own personal, non-commercial, educational and informational purposes.

You must not, and must not permit any other person to, do any of the following in connection with the Website:

• copy, reproduce, republish, adapt, modify, translate, reverse engineer, decompile, disassemble, create derivative works from, or otherwise exploit any Content, except as expressly permitted by these Terms or by applicable law;
• frame, mirror, scrape, harvest, crawl, or otherwise extract data from the Website by automated means except with our express prior written consent;
• use the Website or any Content to build, train, fine-tune, or evaluate any machine-learning, natural-language, recommendation, classification, or generative artificial intelligence model, whether or not such use is described as research, academic, or non-commercial, except with our express prior written consent;
• remove, obscure, or alter any copyright, trade mark, attribution, disclaimer, or other proprietary notice contained in or on any Content;
• use the Website in any manner that could damage, disable, overburden, impair, or interfere with the operation of the Website, any server associated with the Website, or any network connected to any such server;
• upload, transmit, or otherwise make available any material that contains viruses, worms, trojans, spyware, or any other harmful code;
• attempt to gain unauthorised access to any portion of the Website, to any account other than your own, or to any server, computer, or network supporting the Website;
• probe, scan, penetration-test, fuzz, or otherwise test the vulnerability of the Website without our express prior written consent;
• use the Website in connection with the provision of any service competing with the Website, or for the purpose of benchmarking, feature development, or similar competitive-intelligence purposes;
• post, transmit, or link to any material that is unlawful, defamatory, harassing, threatening, obscene, indecent, discriminatory, infringing, or otherwise objectionable;
• impersonate any person or entity, misrepresent your affiliation with any person or entity, or falsely state or otherwise misrepresent the origin of any information you submit;
• use the Website in violation of any applicable law, including without limitation export-control laws, sanctions, anti-spam laws, consumer-protection laws, and privacy laws; or
• engage in any other conduct that, in our reasonable opinion, is inconsistent with the intended use of the Website.

7. Practice Quizzes, Study Materials and Learning Content

The Practice Quizzes, learning modules, topic summaries, glossaries, explanatory commentary, imagery, and related educational Content made available on the Website are provided exclusively as a study aid to assist Users in familiarising themselves, at a general introductory level, with subject matter contained within various Units of Competency and with publicly available regulatory guidance. They are prepared by persons whose identity, qualifications, and professional standing are not represented or warranted to be those of a Registered Training Organisation, an accredited assessor, a workplace health and safety inspector, a licensed surveyor of rail or mining competency, or any other qualified reviewer authorised under Australian vocational training law.

Notwithstanding any resemblance, similarity, topical overlap, or stylistic congruence between any quiz question, practice exercise, or study module on the Website and any genuine assessment instrument used by a Registered Training Organisation, a WHS Regulator, ONRSR, NHVR, or any other body:

• the Practice Quizzes are not part of and do not constitute any formal assessment of competency;
• performance in a Practice Quiz confers no credential, no credit, no partial completion, no recognition of prior learning, and no presumption of future assessment outcomes;
• passing a Practice Quiz does not discharge any training, assessment, medical, identity-verification, or licensing obligation imposed on you by law or by an employer;
• questions shown on the Website may differ in wording, emphasis, scope, difficulty, and correctness from those appearing in any genuine assessment, and any alignment is incidental rather than guaranteed;
• we make no representation that reproducing the content of Practice Quizzes, verbatim or in substance, would be lawful in the context of a genuine assessment or would constitute satisfactory performance in such an assessment.

Users must not use the Website, the Practice Quizzes, or any Content as a substitute for a course of study with an Accredited RTO, and must not represent to any employer, regulator, or other person that they have completed or satisfied any competency requirement by reason of their use of the Website.

8. Intellectual Property Rights

All Content made available through the Website is protected by copyright, trade mark, database right, and other intellectual property laws of Australia and, where applicable, of other jurisdictions. As between you and us, we, our licensors, or the applicable third-party rightsholder own all right, title, and interest in and to the Content. No provision of these Terms shall be construed as granting you, by implication, estoppel, or otherwise, any ownership right or licence in any Content other than the limited access licence expressly set out in clause 6.

Nothing in these Terms constitutes a waiver of any moral rights subsisting in the Content. Third-party trade marks, logos, and service marks appearing on the Website (including, without limitation, names and logos of government agencies, regulators, training organisations, and software providers) are the property of their respective owners and are used on the Website for descriptive, referential, or navigational purposes only and not to imply any endorsement, affiliation, partnership, sponsorship, or connection of any kind. No such reference shall be construed as conferring any licence to use such trade mark or logo.

Photographic and illustrative imagery on the Website may be sourced from royalty-free licensed libraries (including without limitation Unsplash and similar providers) and is used in accordance with the terms of the applicable source licence.

If you believe that any Content on the Website infringes your copyright or other intellectual property right, please contact us at the details provided in clause 30 and provide (a) identification of the copyrighted work claimed to have been infringed, (b) identification of the allegedly infringing material and its location on the Website sufficient to permit us to locate it, (c) your contact details, (d) a statement that you have a good-faith belief that the use is not authorised, and (e) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorised agent of the owner.

9. User-Generated Content and Licence Grant

If, in using the Website, you upload, submit, post, transmit, or otherwise make available any text, feedback, suggestions, ideas, commentary, quiz responses, imagery, or any other content (collectively, "User Content"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable licence to host, store, use, copy, modify, translate, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit such User Content, in whole or in part, in any and all media now known or hereafter devised, for any lawful purpose connected with the operation, improvement, or promotion of the Website. You warrant to us that you have all rights necessary to grant this licence and that the User Content does not infringe, misappropriate, or violate the rights of any third party or any applicable law.

We have no obligation to monitor, screen, edit, or moderate User Content, but we reserve the right (without obligation) to remove, alter, or refuse to display any User Content at our sole discretion, without notice, and without liability to you or any third party.

10. Third-Party Links, Services and Resources

The Website contains hyperlinks to, embedded references to, and descriptions of websites, resources, services, and databases operated by third parties, including Australian federal, state, and territory government agencies, statutory regulators, training organisations, publishers of primary source material, and private commercial providers. We do not operate, control, endorse, sponsor, guarantee, or assume responsibility for any such third-party site, resource, service, or any content, product, or service made available through any of them. Your access to and use of any third-party site, resource, or service is at your own risk and is governed exclusively by the terms and policies of the operator of that site, resource, or service.

The inclusion of a link or reference to a third-party resource on the Website shall not be interpreted as a warranty that the linked resource is currently available, accurate, complete, up to date, or fit for any particular purpose. Information on government websites is updated by those agencies independently of us and may change without notice.

11. Advertising, Affiliate and Referral Arrangements

From time to time the Website may contain paid placements, sponsored content, affiliate links, referral arrangements, or similar commercial relationships with Registered Training Organisations, medical assessment providers, or other third parties. Where any such arrangement exists and results in tangible consideration flowing to us, we will disclose the commercial nature of that arrangement by a reasonable means either on the specific page or in a general disclosure notice. In no event shall the existence of any such arrangement modify, qualify, or override the disclosures regarding the non-accredited nature of the Website set out in clause 3 and clause 29.

12. No Professional or Legal Advice

The Content is not and must not be construed as legal advice, vocational assessment, medical advice, occupational health advice, accounting advice, career advice, migration advice, financial advice, or any other form of personal professional advice. No reader-client, practitioner-patient, adviser-client, or trainer-candidate relationship is created by your use of the Website. Legal, vocational, medical, and regulatory requirements in Australia are complex, jurisdiction-specific, and subject to change; before acting on or relying upon any information obtained from the Website, you should obtain advice suited to your particular circumstances from a person qualified to provide such advice under the law of the relevant jurisdiction.

13. Disclaimers of Warranties

To the maximum extent permitted by applicable law:

• the Website, the Content, and all features, functions, tools, and services made available on or through the Website are provided on an "as is" and "as available" basis without warranties or conditions of any kind, whether express, implied, statutory, or otherwise;
• we specifically disclaim all warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, title, accuracy of informational content, system integration, and course of dealing or course of performance;
• we do not warrant that access to the Website will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that the Website or the servers delivering it are free of viruses or other harmful components, or that the Website will meet your requirements;
• we make no warranty as to the accuracy, completeness, currency, reliability, suitability, availability, or non-infringement of any Content, regulatory reference, practice question, price indication, fee range, unit code, regulator contact detail, procedural description, or any other information presented on the Website;
• no oral or written information or advice given by us, our employees, contractors, agents, or representatives shall create any warranty not expressly stated in these Terms;
• you expressly acknowledge that your reliance on any Content is at your sole risk and that you bear full responsibility for verifying, before acting on it, any fact, figure, or statement you obtain from the Website against the relevant primary regulatory source.

Blue Training does not guarantee that the Website, the Content, or any Paid Product will meet your requirements or expectations. Support for access issues is limited to reasonable troubleshooting and access restoration where we can verify the purchase.

14. Limitation of Liability

To the maximum extent permitted by law, in no event shall we, our affiliates, our directors, officers, employees, contractors, agents, licensors, or successors be liable to you or to any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to your use of, or inability to use, the Website or any Content, including without limitation:

• loss of profits, revenue, goodwill, business opportunity, or anticipated savings;
• loss of, corruption of, or unauthorised access to data;
• loss arising from reliance on any Content, including where such Content later proves to be inaccurate, incomplete, out of date, or otherwise unsuitable;
• loss arising from the unavailability of, or delay in, the performance of the Website or any Content;
• loss arising from any event of force majeure;
• loss arising from your inability to obtain accreditation, course, licensure, or employment, or from the suspension or revocation of any of the foregoing;
• loss arising from any decision to enrol, or to refuse to enrol, with any training provider;
• personal injury, property damage, or death, to the extent any such loss is not caused by our own gross negligence or wilful misconduct; or
• any other loss not falling within the direct, reasonably foreseeable, and actually incurred loss category.

Where liability cannot be excluded as a matter of law, our aggregate liability to any User for all claims arising in connection with the Website, regardless of the form of action and whether in contract, tort (including negligence), statute, or otherwise, is limited, in the aggregate, to the greater of (a) AUD $100 or (b) the total amount, if any, actually paid by that User to us in the twelve (12) months immediately preceding the event giving rise to the claim. The existence of multiple claims does not enlarge this limit.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory warranty, liability, right or remedy that cannot lawfully be excluded, restricted or modified. Where such a law permits us to limit our liability, we limit our liability to the maximum extent permitted by that law, including, where applicable, resupplying the relevant service, restoring access, correcting the relevant record, or paying the cost of resupply.

15. Indemnification

You agree to indemnify, defend, and hold harmless Blue Training and its affiliates, directors, officers, employees, contractors, agents, licensors, and representatives from and against any and all claims, actions, suits, proceedings, demands, liabilities, losses, damages, costs, and expenses (including reasonable legal fees on a solicitor-client basis) arising out of or related to (a) your use or misuse of the Website; (b) your violation of these Terms; (c) your violation of any applicable law or any right of a third party; (d) any misrepresentation made by you; or (e) any User Content submitted by you. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences.

16. Privacy, Data Collection and Cookies

Your use of the Website may result in the collection, holding, use and disclosure of Personal Information and other technical data about you. Our handling of Personal Information is governed by our Privacy Policy, these Terms, any point-of-collection notice presented on the Website, and any privacy law that applies to the operator, the service or your location.

Without limiting the Privacy Policy, we may collect account details, learner details, course progress, quiz attempts, certificate details, payment metadata, Transaction Identifiers, support correspondence, Internet Protocol addresses (IPv4 and IPv6), browser user agents, device identifiers, browser type and version, approximate geo-location derived from network or hosting headers where available, referring URLs, pages visited, time spent on pages, session identifiers, local storage values, interaction events, quiz responses, checkout events, terms-acceptance events and any information you voluntarily submit.

For paid digital access, the Website may keep Evidence Logs of purchase, checkout, login, access, course-consumption, quiz, PDF-download, support, certificate and payment-linkage events. These records help verify digital delivery, protect account access, investigate misuse, reconcile Payment Provider records, respond to payment disputes or chargebacks, calculate content-consumption percentages, maintain accounting records, and preserve evidence for legal, audit, security and operational purposes.

The Website may use first-party and third-party cookies, web storage, session storage, session identifiers and similar technologies for purposes including authentication, session continuity, access entitlement, learner profile continuity, terms acceptance, checkout continuity, preferences, security, analytics, abuse prevention and evidence logging. You can configure your browser to refuse cookies or clear local storage; however, some portions of the Website may not function properly without these technologies.

Third-party service providers used by the Website may include hosting providers, serverless-function providers, database hosting providers, authentication providers, content-delivery networks, analytics providers, security providers, payment providers, dispute-management providers, email-delivery providers, file-generation providers, PDF-generation providers, captcha services, support providers and font/icon providers. Each provider may process data in accordance with its own privacy practices, contractual terms, infrastructure requirements, security measures and legal obligations.

You acknowledge that some providers may store, process, route or access information outside Australia. You also acknowledge that payment disputes may require disclosure of relevant records to Payment Providers, acquiring banks, card issuers, card networks, financial institutions, dispute-resolution platforms, regulators, advisers, insurers, law-enforcement bodies or other parties reasonably involved in investigating, defending or resolving the transaction.

Evidence Logs are designed to be append-only or tamper-evident. Corrections, where appropriate, may be made by adding a supplementary record, note or explanation rather than changing the original event. This does not prevent Blue Training from complying with a lawful requirement, court order, regulator request, valid privacy request or technical necessity, but it reflects the intended integrity model for ordinary payment, access and dispute records.

You are responsible for ensuring that information you provide is accurate, current and complete. If you provide another person's information, you warrant that you have authority to do so and that the person has been informed of the relevant privacy notice. You must not submit false names, false email addresses, misleading certificate details, unauthorised payment details or information intended to defeat access controls, evidence logging, dispute review or fraud-prevention systems.

17. Accessibility

We aim to make the Website accessible to Users with disabilities in accordance with generally accepted web accessibility standards. If you encounter any accessibility barrier in using the Website, we welcome your feedback so that we may consider improvements. However, we do not warrant strict conformity to any particular accessibility standard and nothing in these Terms shall be construed as a representation of any specific level of accessibility.

18. Changes to the Website and to These Terms

We reserve the right to add, remove, modify, suspend, or discontinue any feature, section, page, Content item, pricing range, regulatory reference, or function of the Website at any time, with or without notice, and without liability to you or any third party. We may update these Terms at any time by publishing a revised version on the Website. The revised Terms will take effect on the "Effective Date" shown at the head of this page. Your continued use of the Website after the Effective Date of any revision constitutes your acceptance of the revised Terms.

It is your responsibility to review these Terms periodically. Where we consider a change to be material, we may in our discretion (but are not obliged to) provide additional notice by way of a prominent banner on the Website, an email to registered account holders, or any other reasonable means.

19. Suspension and Termination

We may, at our sole discretion and without liability to you:

• suspend, restrict, or terminate your access to the Website (or any part of it) in whole or in part, temporarily or permanently, at any time, with or without notice, and with or without cause, including (without limitation) for any breach or suspected breach of these Terms;
• delete any account registered to you and any data associated with that account;
• cancel, invalidate, or revoke any outstanding credentials, tokens, or licences issued by us in respect of your use of the Website;
• decline to reinstate access following termination.

Upon termination, any provisions of these Terms that by their nature should survive termination shall so survive, including (without limitation) clauses 8 (Intellectual Property), 9 (User-Generated Content), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 21 (Governing Law), 22 (Dispute Resolution), and 29 (Accreditation Status).

20. Force Majeure

We will not be liable for any failure to perform, or delay in performing, any of our obligations under these Terms where such failure or delay is caused by or results from any event beyond our reasonable control, including (without limitation) acts of God, fire, flood, earthquake, pandemic, epidemic, quarantine restrictions, war, insurrection, civil disturbance, strikes, labour disputes, industrial action, shortages of supplies, internet backbone outages, cyber-attacks, denial-of-service attacks, utility failures, and government orders or directions.

21. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of the jurisdiction in which the Blue Training operating entity is legally established, unless a different governing law is stated at checkout.

22. Dispute Resolution

In the event of any dispute, claim, controversy, or question arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (a "Dispute"), the parties shall first endeavour in good faith to resolve the Dispute by negotiation. If the parties are unable to resolve the Dispute within thirty (30) days of written notice of the Dispute, either party may refer the Dispute to mediation administered by a mutually acceptable mediator. The costs of any such mediation shall be borne equally by the parties unless the mediator determines otherwise. Only after good-faith participation in negotiation and mediation has failed to produce a resolution may either party commence litigation, subject to clause 21.

Nothing in this clause restricts a party from seeking urgent interlocutory relief from a court of competent jurisdiction where such relief is reasonably necessary to preserve rights pending the outcome of the dispute-resolution processes described above.

23. Assignment and Subcontracting

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may, at our sole discretion and without your consent, assign, transfer, subcontract, or otherwise deal with all or any of our rights and obligations under these Terms, including to a successor in business, an affiliate, or a purchaser of substantially all of our business or assets.

24. Severability

If any provision of these Terms is held by any competent authority to be invalid, void, unenforceable, or illegal, in whole or in part, the validity, legality, and enforceability of the remainder of that provision and of the remaining provisions of these Terms shall not be affected. Where such a determination renders a provision only partially invalid, the remainder of that provision shall continue in effect. The parties shall negotiate in good faith to replace any invalid provision with a valid provision most closely reflecting the intention of the parties.

25. Waiver

No failure or delay by us in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy, and no single or partial exercise of any such right, power, or remedy shall preclude any further exercise or the exercise of any other right, power, or remedy. A waiver shall be effective only if given in writing and signed by the party granting the waiver, and shall extend only to the specific matter in respect of which it is granted.

26. Relationship of the Parties

Nothing in these Terms constitutes or shall be construed as constituting a partnership, joint venture, agency, employment, or fiduciary relationship between you and us. Neither party has authority to bind the other or to incur any obligation on the other's behalf.

27. Notices

Notices to be given by us to you may be given by posting on the Website, by email to any address associated with your account, or by any other reasonable means. Notices to be given by you to us must be in writing and sent by email to the address specified in clause 30. A notice is deemed received on the first business day following transmission, unless acknowledged earlier in writing.

28. Entire Agreement

These Terms, together with any other policies or documents expressly incorporated by reference, constitute the entire agreement between you and us relating to the subject matter hereof and supersede and extinguish all prior agreements, arrangements, representations, warranties, and undertakings, whether oral or written, relating to such subject matter. Each party acknowledges that, in entering into these Terms, it has not relied on any statement, representation, assurance, or warranty other than those expressly set out herein. Nothing in this clause shall limit or exclude liability for fraudulent misrepresentation.

29. Important Disclosure Regarding Accreditation Status

For the avoidance of any doubt, and without limiting or qualifying any other provision of these Terms: Blue Training is not a government-backed training course, is not a Registered Training Organisation, is not accredited by the Australian Skills Quality Authority or any state-based vocational training regulator, is not endorsed by, affiliated with, sponsored by, or officially connected to any Australian federal, state, or territory government agency, statutory regulator, work health and safety authority, rail safety regulator, heavy vehicle regulator, minerals safety regulator, or any other public or statutory body. Any impression to the contrary that may have been formed by you, whether on the basis of the Website's design, the use of government regulator names or logos in a descriptive capacity, the inclusion of links to government resources, the use of terminology commonly associated with the Australian vocational education sector, the presentation of unit codes and regulatory references, or otherwise, is incorrect and is not an impression we authorise or endorse.

The only way to obtain a nationally recognised Statement of Attainment, qualification, competency card, or licence in respect of any of the subject areas covered by the Website is to enrol with, and be assessed by, an organisation that holds current accreditation or approval from the relevant authority, and to satisfy that organisation's assessment requirements independently of the Website. The Website makes no representation that any such enrolment, assessment, or outcome will be available or successful.

30. Contact Information

Questions, concerns, or notices regarding these Terms may be directed to us via the contact form linked from the Website. We will endeavour to respond to properly formulated enquiries within a reasonable period, but no particular response time is warranted. These Terms were last reviewed on the Effective Date shown at the head of this page.

End of Terms & Conditions. By continuing to use the Website you acknowledge you have read and accepted the terms set out above.