Terms & Conditions

These Website Terms and Conditions apply to use of, and access to, the domain https://adcwarriorsacademy.com.au and all associated pages, applications, and resources (“ADCW Website”). If you do not agree with these Website Terms and Conditions you must not use or access any page, application, or resource accessible through https://adcwarriorsacademy.com.au (“Domain”).

By using or accessing a page, application, or resource through the Domain you accept the following terms and conditions and enter into an agreement with ADC Warriors Academy Pty Ltd ABN 49 649 904 398 (“Agreement”).

In this Agreement there are terms and conditions that apply to specific functionality with the ADCW Website, or apply when you interact with the ADCW Website in particular ways. An example of which is submitting information using the contact page. The terms and conditions relating to use of the ADCW Website are contained in this document, which must be read in conjunction with:

• our Privacy Policy, which is available at https://adcwarriorsacademy.com.au/privacy-policy/; and
• each other document included by reference in these Website Terms and Conditions, if any.

Definitions

In this Agreement the defined terms in the following table have the corresponding meaning unless repugnant to the context.

• App – A software application.
• ADC Warriors, us, our, or we – ADC Warriors Academy Pty Ltd
• ADCW Content – Any Content owned or licensed by ADC Warriors, and made available on the ADCW Website, or otherwise licensed to you.
• Centre of Interest – The dominant aspect of the photograph, which is commonly the center third of the photograph, or where relevant the foreground area in sharp focus.
• Content – Any information reduced to material form (including where such information is stored electronically), and includes without limitation any script, code, text, image, media, or content determinable through MIME and MIME type definitions, as the case requires.
• Electronic Transaction – An electronic transaction conducted through the ADCW Website, including a payment made through any of the following methods: Credit Card; Debit Card; Prepaid payment card; or Any other electronic payment method provided or otherwise agreed by ADC Warriors.
• Intellectual Property Rights – All industrial and intellectual property rights including, without limitation, patents, trade marks, copyrights, circuit layout rights, right to extract information from databases, design rights, trade secrets, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them) other than moral rights.
• Missed Session – A session that you do not attend, and for which you have no right to reschedule or obtain credit for.
• Party – A party to this Agreement.
• Payment Processor – A third-party payment processor that facilitates Electronic Transactions on the ADCW Website. At the date of these Website Terms and Conditions, this service is provided by Stripe Inc.
• Privacy Policy – Our privacy policy, which is available at https://adcwarriorsacademy.com.au/privacy-policy/
• Product – Any goods available for sale, or sold, on the ADCW Website.
• Reasonable Use – Refer to clause 5.
• Security Deposit – Refer to clause 12.
• Services – Any service delivered by ADC Warriors through the ADCW Website. A reference to Services includes a reference to Products, unless specifically noted otherwise.
• Stripe Inc. – The company, or any of its subsidiaries, affiliates, or other related entities that deliver services as a Payment Processor.
• Student Profile – A user account on the ADCW Website with a username and password that provides additional functionality and interaction with the ADCW Website.
• Student, you, or your – The person accessing the ADCW Website.
• Website Terms and Conditions – This document including any other document included by reference, if any.

Term and termination

This Agreement begins upon your acceptance of these Website Terms and Conditions and continues until terminated, or it otherwise ends in accordance with these Website Terms and Conditions.

You accept the Website Terms and Conditions upon the earliest of the following events:

You, or any device that you control, requests any Content from the ADCW Website;

You, or any device that you control, receives any Content from the ADCW Website;

You access a page on, or related to, the Domain using a web browser or an App;

You request any Products or Services from us through the ADCW Website;

You receive any Products or Services from us through the ADCW Website;

You sign up for a Student Profile and check the checkbox that indicates that you agree to these Website Terms and Conditions;

You check any other checkbox that indicates that you agree to these Website Terms and Conditions;

You otherwise access the ADCW Website, including without limitation through a third party website or application, as the case may be.

This Agreement with automatically end upon the last of each of these circumstances taking effect: you cease to access our Content; you no longer possess any of our Content; and you do not have an active Student Profile.

This Agreement may be suspended or terminated in accordance with clause 18.

Conditions of use

We may vary these terms and conditions or impose new terms and conditions on your use of the Services or the ADCW Website at any time, by a notice published on your Student Profile or on the ADCW Website, or otherwise in accordance with your Student Profile preferences.

We may add features or update the Services from time to time. You may be required to agree to additional terms or other requirements in order to use such additional features or Services.

Nothing in this clause 3 is to be read as limiting our rights in administering the ADCW Website, or methods that we may use to control the features available to you, or our provision of Services to you, through the ADCW Website.

We may contact you by post, phone, sms, or email using the details that you provide to us from time to time. Without limitation, we may contact you regarding marketing and promotions of our Products and Services (unless you request otherwise); and we may contact you in relation to any order, or in relation to your Student Profile.

We may require that you disclose certain information to us about your objectives, history, education, examinations, and other matters. Your provision of this information is required so that we can deliver certain parts of our Services, and focus delivery of certain ADCW Content to assist you. If you refuse to disclose this information, then we may not be able to assist you, and we cannot be held responsible for any resultant lack of or delay in the delivery of certain Services or ADCW Content.

We may record sessions using audio, video, or other means at any time. Additionally we may record your OSCE mock exams (or any other participation in a session, where we will be reviewing your performance and providing feedback to you). Unless otherwise stated, we will delete all such recordings when we have no further use for them in relation to your participation in the relevant course.

Disclaimer of warranties

We do not warrant that our Services will be suitable for any particular purpose generally, or for your specific circumstances, and are provided on an “as-is” basis.

We do not warrant that you will achieve any particular result, obtain any particular outcome, or be capable of doing so after you have obtained our Services. Our obligation is solely to deliver the ADCW Website, Services and ADCW Content in accordance with this Agreement.

Reasonable Use Policy applies

To the extent that we represent that you may access our Services until you obtain a result or outcome, that representation is subject to Reasonable Use, as described in our Reasonable Use Policy from time to time.

To the extent that you may consume certain things as part of your use of our Services, then our Reasonable Use Policy applies to your consumption. This also applies to use of any equipment that must be cleaned or sanitised after your use of it or interaction with it.

Your obligations

Positive obligations

You must act in accordance with the policies or rules that we publish from time to time that relate to your use of the Services or the ADCW Website (such as content and publishing, data capture, sale of products and services and delivery, system communication, and merchant and payment processing). All of our rules and policies can be accessed at https://adcwarriorsacademy.com.au/privacy-policy/ (Policies will be available once you have logged in).

You must notify us if you believe that your Student Profile has been accessed without your authority.

You must take reasonable measures to prevent any unauthorised person from accessing the ADCW Website, your Student Profile, or any other Services we provide using your Student Profile credentials. You are responsible for any damage caused or fees incurred by any such person(s). For clarity, if you allow any person other than you to access your Student Profile, then the fee payable for the Content accessible through your Student Profile will be payable again for each person to whom you give access.

You must allow us to make changes to your Student Profile or Content that we deem necessary.

You are responsible for the Content, integrity and conduct of your Student Profile on the ADCW Website.

You consent to our use of your image in photographs and video recordings taken during the provision of any of our Services for the purposes of marketing and promoting us and our Services, where you are not in the Centre of Interest. We will seek your consent in writing prior to using your image for any other purpose.

You must notify management of any unsafe, damaged, worn, or vandalised equipment, and must not use such equipment unless and until management has confirmed that it is safe to do so.

Negative obligations

You must not use your Student Profile or the ADCW Website to upload, transmit, communicate, or record information about any other person.

You must not upload or publish any Content that is unlawful, unsuitable for general viewing or consumption, obscene, defamatory, in breach of any advertising standards, or in breach of any person’s privacy or other human rights.

You must not access the ADCW Website with more than one device at any time, unless we direct you otherwise. We may further limit your rights of access to the ADCW Website or any ADCW Content by including such limitations in any Policy.

You must not:

reverse engineer, reverse assemble or reverse compile the ADCW Website or any part of it;

combine or incorporate the ADCW Website, or any ADCW Content, in any other program or system without our prior consent in writing;

copy, publicly display or publish, or distribute the ADCW Website, or the ADCW Content, or any other Content contained on it belonging to a person other than you, in whole or in part.

You must not allow any person other than you, to access your Student Profile, unless we authorise you in writing to do so, and then only to the extent that such authorisation permits.

Provision of Services through the ADCW Website

Our provision of any Services to you through the ADCW Website is subject to the terms of this Agreement.

Provision of other Services

If we provide you with any Content or Services, other than through the ADCW Website, then the terms of this Agreement apply to all such Content and Services.

Service limitations

The ADCW Website is hosted by a third party service provider and we do not guarantee that your access to it will be continuous or error free.

The Payment Processor is a third party and we do not guarantee that this service will be continuous or error free.

We are not responsible for support, back-ups, or disaster recovery, in any way.

Sale and purchase of goods

We only keep limited stock of our Products, and certain good may need to be specially ordered. For any product that is not in stock, the expected lead time relating to products on offer through the ADCW Website is 21 days from the date of our receipt of your payment for the order, unless specified otherwise.

All our products are delivered onsite during your attendance, unless we otherwise agree in writing.

Some of our products are sold with written warranties. Please refer to details of the relevant product listing or materials provided with our products for warranty details.

Policies

Under this Agreement we may publish policies that you must comply with as part of your obligations.

Unless otherwise provided expressly in the wording of a policy, no policy creates any right that you may enforce against us.

Fees

Payment in advance

Unless otherwise agreed by us in writing in a particular case, our fees are payable in full in advance.

No refunds

Except as outlined in our Cooling-off and Refund Policy from time to time, no refunds are payable for any of our Services.

Cooling-off period

A cooling-off period applies to all purchases in excess of $750, the period of time is described in our Cooling-off and Refund Policy.

Security Deposit

For certain Services we may require that you pay a Security Deposit prior to accessing the relevant Services. We may impose conditions on refund of such Security Deposit, and for avoidance of doubt, the purpose of a Security Deposit is to mitigate to the maximum extent possible any loss, damage, or excessive wear and tear that you may cause, or be knowingly involved in, in relation to our equipment or infrastructure. We may use the Security Deposit, or any part of it to pay for the replacement, refurbishment, or repair of any loss, damage, or wear and tear that you cause or are otherwise responsible for.

Levies

We may require that you contribute to certain costs relating to your training requirements (without limitation for insurance, consumables, cleaning products or services, or for wear and tear) in addition to our fees.

Changes to fees and fee structure

We may increase or decrease our prices at any time. This clause does not apply to fees that you have paid in advance for delivery of specific Services.

Payment Processor

We do not receive or store any credit card information through the ADCW Website. All credit card information is processed securely by the Payment Processor.

If you do not want to use the Payment Processor to pay for our goods or services through the ADCW Website, you may request an alternative payment method by contacting us at info@adcwarriorsstg.wpengine.com. Fulfilment of any such request is at our sole discretion, and, we reserve the right to charge an administration fee, and pass on all associated costs to you, for any such request.

Reversed transactions

If the Payment Processor reverses a transaction conducted on the ADCW Website, then you remain liable to pay for all fees and charges that were included in that transaction. You must also reimburse us for any additional fees and charges incurred by us relating to the reversal of any such transaction.

Right to subcontract

We may appoint employees, sub-contractors, or agents to provide some or all of the Services; and such entities are bound by the same obligations as us. It is our responsibility to ensure such entities comply with this Agreement.

Intellectual property

Content and Third Party Intellectual Property

You (or where applicable, the third party owner) retain ownership of all Content you upload to your Student Profile and such rights are not assigned or transferred under this Agreement.

You grant us a perpetual, irrevocable, royalty-free licence to use, copy, modify or adapt your Content as reasonably necessary to perform our rights and obligations under this Agreement, including the right to grant sub-licences where reasonably necessary.

You warrant that you have full right, title and interest, or the legal right and authority, to grant the licence granted in clause 16.2, and that our use or modification of the Content in accordance with this Agreement will not infringe upon any third party Intellectual Property Rights.

ADCW Website

We own, or are licensed to use, all components of the ADCW Website, including all ADCW Content.

Grant of licence

Subject to your continued compliance with these Website Terms and Conditions, for the duration of this Agreement we grant you a licence:

to use the ADCW Website as contemplated by these Website Terms and Conditions and any policy published by us from time to time; and

to use the ADCW Content as contemplated by these Website Terms and Conditions and any policy published by use from time to time.

You irrevocably grant us a perpetual, royalty free licence to use any feedback you provide to us and contributions you make during delivery of our Services for our internal business development purposes, use within future ADCW Content, and to mix such information with information from third party sources. You further consent to our use of such feedback and contributions without reference to the origin of those things.

Privacy

We may use your contact details to promote new Services and Product offers to you from us or our affiliates, or to notify you about important changes to the ADCW Website, subject to our Privacy Policy which is incorporated by reference.

Our Privacy Policy can be accessed at this link: https://adcwarriorsacademy.com.au/privacy-policy/.

We may change the terms of the Privacy Policy form time to time in accordance with this Agreement. If you do not agree with the changes that we make to the Privacy Policy you may end this Agreement in accordance with clause 18 of this Agreement. The provisions of the Privacy Policy in force at the time of your written notice will continue to apply until this Agreement is terminated.

Suspension and Termination

Suspension

We may conduct scheduled or mission critical maintenance of the ADCW Website during which time the Services may be interrupted. We will give you reasonable notice of such maintenance where possible and make all reasonable efforts to keep any disruption to a minimum.

We may suspend the Services and any rights you have under this Agreement, and disable access to your Student Profile at any time and give you a written notice of default if (each an “Event of Default”):

you do not make any payment when due, or any payment is dishonoured or subject to chargeback; or

we have reason to suspect illegal or unethical activity in relation to your data or Content; or

in our reasonable opinion your Content, conduct, data, network, software or equipment may cause damage to any person or property;

you do not comply with any of the terms and conditions contained within this Agreement, including any of your obligations;

you record any video or audio of any session, presentation, activity, conversation or other event associated with our Services that involves any person other than you;

you take screen shots, or still photographs of any information that we present to you on screen during the provision of, or in relation to, our Services;

you do not comply with any Policy; or

you or any person associated with you threatens, abuses, ridicules, or makes prejudicial remarks to, another person. .

If we suspend our Services to you, we may notify any Payment Processor in this regard, and you authorise us to receive any information from the Payment Processor, including information about the status of your account, or any outstanding obligations, that you have with them, if any.

Termination

We may terminate this agreement with 30 days written notice.

We may terminate this Agreement in writing with immediate effect, if we have given you a notice of default and you do not remedy any Event of Default within 7 days, or such longer period as specified in the notice.

You may terminate this Agreement at any time in writing (which includes you giving us notice in writing that you wish to cancel your enrolment) , but if you do so each of the following provisions apply:

No refund will be payable, unless provided in our Cooling-off and Refund Policy.

Clause 19 applies.

Consequences of termination

Upon expiry or termination of this Agreement for any reason, in addition to any other rights or remedies:

we may immediately disable your access to the ADCW Website and take your Student Profile offline;

your licence to use the ADCW Website immediately ends;

your licence to use the ADCW Content immediately ends;

we may, but need not, keep all data and Content uploaded by you to the ADCW Website for our records;

we may destroy any data and Content uploaded by you to the ADCW Website;

we may continue to send you information about our Services, and other marketing information (subject to you notifying us in writing that you do not want to receive any such information); and

a Party not in default may pursue any other rights or remedies available at law against a defaulting Party subject to clause 20.

Indemnity & limitation of liability

Indemnity

You agree to release and hold ADC Warriors Academy Pty Ltd harmless against any action, proceeding, claim, demand or prosecution relating to any downtime, interruption, loss of data, or consequential loss of any kind whatsoever, whether directly or indirectly arising in connection with the Services.

You release and indemnify, and agree to keep ADC Warriors Academy Pty Ltd indemnified against any action proceeding, claim, demand, or prosecution relating to:

any breach of your warranties under this Agreement; and

any loss or damage to persons or property (including data), caused by your Content and your use of your Student Profile specifically and the ADCW Website generally.

Limitation of liability

Subject to clauses 20.4 and 20.5, any liability of ADC Warriors Academy Pty Ltd for any loss or damage, however caused (including, without limitation, by the negligence of ADC Warriors Academy Pty Ltd), suffered by you in connection with this Agreement is limited to the amounts paid by you to ADC Warriors Academy Pty Ltd in relation to the Products and Services.

Except as contemplated by clause 20.5, nothing in this Agreement is intended to limit any rights you have under the Competition and Consumer Act 2010 (Cth).

If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by ADC Warriors Academy Pty Ltd in connection with this Agreement and ADC Warriors Academy Pty Ltd’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clause 20.3 does not apply to that liability and instead ADC Warriors Academy Pty Ltd’s liability for such failure is limited to (at ADC Warriors Academy Pty Ltd’s election):

in the case of a supply of goods, ADCW Website replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or

in the case of a supply of services, ADC Warriors Academy Pty Ltd supplying the services again or paying the cost of having the services supplied again.

In this clause 20 a reference to consequential losses means any indirect, special, economic, or consequential loss including loss of revenue, profits, goodwill, bargain or opportunities that you suffer in any way, even if we knew or should have known about the possibility of such loss.

General

Costs

You are responsible for all duties, charges and legal fees (on a solicitor and own client basis) incurred in enforcing this Agreement.

Currency and Taxation

Unless otherwise stated, all monetary amounts are expressed in Australian dollars inclusive of GST.

Enduring Clauses

The Parties’ obligations under Clauses 16, 17, 19, and 20 shall survive the termination of this Agreement for whatever reason.

Entire agreement

This Agreement contains the entire agreement between the Parties and supersedes all previous negotiations or agreements in relation to the Services.

Force majeure

Neither Party is liable for any delay or failure to perform its obligations under this Agreement to the extent that such failure is caused by a Force Majeure Event. Nothing in this clause excuses payment of money due.

Jurisdiction

The laws of the State of Queensland apply to this Agreement; and the parties submit exclusively to the courts of that jurisdiction.

Relationship between the Parties

Nothing in this Agreement constitutes a partnership or contract of employment. It is the express intention of the parties to deny any such relationship.

Representatives, Successors and Assigns

You must not assign or novate this Agreement in whole or in part.

We may assign or novate this Agreement in whole or part at our sole discretion.

Severability

If any provision of this Agreement is ruled by a court to be illegal, invalid, unenforceable or in conflict with any law, it will not affect the validity and enforceability of the remaining provisions.

Waiver

Any delay or failure to enforce any rights in relation to a breach by the other Party will not be construed as a waiver of those rights.

Variation

We may vary this Agreement at any time by notice in writing to you.