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Terms & Conditions

Effective Date: 28th August 2024

These Terms & Conditions ("Terms") govern your use of the BoatLicenceVictoria website (the "Site") and your enrolment in our services ("Services"). By accessing or using our Site, enrolling in our courses, or otherwise using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Site or Services.

0 Preliminary Provisions

0.1 Document Title

These terms and conditions are titled “Terms & Conditions”.

0.2 Effective Date

These Terms & Conditions take effect on 28th August 2024 (the “Effective Date”).

0.3 Parties and Recitals

Boat Licence Victoria ABN You (also referred to as “User” or “your”) are the individual who:

  • visits, browses or otherwise interacts with the Site; or
  • enrols in, pays for, or accesses any course, assessment or ancillary product or service supplied or facilitated by BLV, whether directly or via an authorised agent. BLV offers an end-to-end online education and assessment solution that assists Victorian residents to obtain the statutory qualifications necessary for a recreational marine licence and, where relevant, a personal water-craft endorsement. Those products and services, together with any support, fulfilment and ancillary functionality described in section 5, are collectively called the “Services”. The User wishes to access the Site and/or purchase the Services, and BLV agrees to supply the Site and Services, on and subject to the terms, conditions and policies set out in this document (the “Terms”).

Binding Agreement – By:

  • pressing the “I Agree” button (or any analogous acceptance mechanism);
  • submitting an electronic enrolment form;
  • paying any fee; or
  • continuing to use the Site after the Effective Date,

you unconditionally accept and agree to be bound by these Terms. If you do not accept every provision of these Terms you must immediately discontinue all use of the Site and Services.

1 Australian Consumer Law – Consumer Guarantees

1.1 Statutory Guarantees Acknowledged

The Services come with guarantees that cannot be excluded under the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (“ACL”).

1.2 Major Failure – User Remedies

Where a supply of Services by BLV fails to comply with a consumer guarantee and the failure constitutes a “major failure” (within the meaning of section 268 of the ACL) you may elect to:

  • terminate the contract and obtain a refund of the price paid;
  • retain the contract and receive compensation for any reduction in value of the Services below the price paid; or
  • require BLV to supply the Services again at no further charge.

1.3 Minor Failure

Where the failure is not major and can be remedied, you shall notify BLV and BLV will (within a reasonable time) either:

  • remedy the failure;
  • resupply the Services; or
  • provide a refund of an amount which is equitable having regard to the extent of any failure.

1.4 No Limitation of Statutory Rights

Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee, warranty or condition implied or imposed by statute (including the ACL) which cannot lawfully be excluded, restricted or modified. If any provision of these Terms purports to do so, that provision shall be read down or severed to the minimum extent necessary so that it is valid and enforceable.

2 Definitions and Interpretation

2.1 Core Defined Terms

Term Meaning
BLV, we, us, our Boat Licence Victoria ABN
User, you, your The natural person described in section 0.3 (2).
Services The suite of products and services defined in section 0.3 (3) and further described in section 5.
Course BLV’s proprietary, self-paced e-learning programme (including all streaming video, audio, text, graphics, presentations, quizzes, illustrations, animations, downloadable resources, software tools, source materials and related content).
Certificate A Safe Transport Victoria Certificate of Attainment issued to a User upon BLV’s confirmation of successful completion of the marine-licence assessment.
VicRoads The statutory authority responsible for issuing Victorian marine licences (or any successor agency).
Express Post Option The expedited physical-mail fulfilment service described in section 5.4.

2.2 Additional Definitions

  • Business Day – a day that is not a Saturday, Sunday or public holiday in Melbourne, Victoria.
  • GST – has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Unlimited Test Attempts – has the meaning set out in section 5.3.
  • Reasonable Efforts – completion of every mandatory Course module, participation in scheduled Zoom assessment sessions when reasonably available, and observance of all instructions or feedback given by BLV invigilators.
  • Membership – the personal, limited, revocable permission granted by BLV to the User to access the Course and related Services for the Access Period, subject to these Terms.
  • Electronic Communication – any notice, record or other communication transmitted via email, SMS, in-Site dashboard notification, push message or any similar electronic channel.
  • Feedback – any suggestion, idea, enhancement request, recommendation, comment or other information a User submits to BLV in relation to the Site or Services that is not already in the public domain.

2.3 Interpretation

  • Headings, sub-headings, bold type and embedded tables are for convenience only and do not form part of the substantive agreement.
  • The singular includes the plural and vice-versa.
  • “Including” and “includes” are not words of limitation and are deemed to be followed by “without limitation”.
  • A reference to legislation or a statutory provision includes any subordinate legislation or statutory instrument made under it and any consolidation, amendment, re-enactment or replacement of it.
  • A reference to currency or “$” is a reference to Australian dollars (AUD).
  • A reference to a section or clause is a reference to a section or clause of these Terms as amended or replaced from time to time.

3 Acceptance of Terms

3.1 Legal Capacity

By accepting these Terms you represent that you have reached the age of majority in your jurisdiction and have full legal capacity to enter into a binding contract, or, if aged 12–15 years, that you do so with the knowledge and consent of a parent or legal guardian.

3.2 Manner of Acceptance

Acceptance is effected, and a binding contract formed, when the first of the following occurs:

  • you click “I Agree”, “Submit” or any analogous acceptance button;
  • you complete an electronic or physical enrolment form;
  • you remit any amount toward the purchase price of the Services; or
  • you continue to use the Site after being presented with, or otherwise given access to, these Terms.

3.3 Continued Acceptance of Variations

BLV may amend these Terms in accordance with section 9. Your continued use of the Site or Services after the effective date of any amendment constitutes acceptance of the amended Terms. If you do not accept an amendment, your sole remedy is to discontinue use of the Services and terminate your Membership in accordance with section 15.3.

4 Eligibility

4.1 Age Thresholds

  • Restricted Marine Licence – Minimum age 12 years.
  • General Marine Licence / PWC Endorsement – Minimum age 16 years.

4.2 Proof-of-Age Verification

On BLV’s request you must provide a legible copy of a valid government-issued photographic identity document. Failure to provide satisfactory proof of age within a reasonable period constitutes a breach of these Terms.

4.3 Territorial Scope

The Course curriculum and assessment process align with Victorian legislative requirements. BLV gives no warranty that completion of the Services will satisfy the certification requirements of any jurisdiction other than Victoria. Non-Victorian Users enrol entirely at their own risk.

4.4 Right of Rejection or Cancellation

BLV may refuse or cancel any enrolment if BLV determines that:

  • you do not meet the eligibility criteria;
  • you have provided false, misleading or incomplete information; or
  • your participation would, in BLV’s opinion, compromise the integrity, security or reputation of the Services.

4.5 Capacity and Authority

You warrant that you have full power and authority to enter into and perform your obligations under these Terms and, if applicable, to bind any minor on whose behalf the Services are purchased.

5 Services Provided

5.1 Course Access

Upon confirmation of successful enrolment and receipt of full payment, BLV grants you a non-exclusive, non-transferable, revocable licence to access the Course via the Site.

  • Access Period – Access to the Course content remains available for six (6) consecutive months commencing on the date BLV sends the enrolment confirmation (the “Access Period”). Access automatically terminates at the end of the Access Period unless extended by further written agreement or re-enrolment.

5.2 Zoom Assessment Sessions

BLV schedules live, invigilated assessment sessions conducted by videoconference using the Zoom platform. Session timetables, booking instructions and procedural rules are published on the Site and may be amended from time to time. You are responsible for ensuring:

  • a reliable broadband internet connection;
  • a computer or mobile device equipped with a functional camera and microphone; and
  • installation of the most recent, stable version of the Zoom client software. BLV is not liable for any inability to access, or interruption of, a Zoom session arising out of your hardware, software, network or ISP.

5.3 Unlimited Test Attempts

Subject always to compliance with these Terms, you may undertake the marine-licence theory assessment an unlimited number of times during the Access Period.

  • Session Booking – Each attempt must be booked in advance via the online scheduler. BLV allocates places strictly in chronological order of booking and does not guarantee availability of any specific date or time.
  • No-Show / Re-booking Fee – BLV reserves the right to levy a reasonable administrative fee (currently AUD 50) if you fail to attend a booked session without giving at least 24 hours’ written notice.

5.4 Certificate Processing and Fulfilment

Upon confirmation that you have passed the assessment, BLV will prepare and lodge the Certificate for postage to the residential or postal address recorded in your account profile.

  • Delivery is by standard Australia Post service unless, at checkout, you select the Express Post Option and pay the additional fee displayed.
  • Risk of Loss – Title to, and risk of loss of, the physical Certificate passes to you upon BLV’s delivery of the item to Australia Post. BLV’s obligation is discharged when Australia Post issues a lodgement receipt.
  • User Obligation to Lodge with VicRoads – You must present the Certificate to VicRoads within twelve (12) months of the issue date; otherwise VicRoads may require you to repeat the Course and/or assessment at your own cost.

5.5 Customer Support

BLV endeavours to acknowledge all support enquiries within one (1) Business Day and to resolve each enquiry within a commercially reasonable timeframe, but makes no guarantee that every support issue will be resolved.

6 Enrolment, Pricing, Payment and Taxes

6.1 Registration Information

You must complete all mandatory fields in the online registration form and warrant that each entry is true, accurate, current and complete. BLV may require additional verification of any information provided and may suspend enrolment until such verification is complete.

6.2 Pricing and Currency

All prices quoted on the Site are in Australian dollars and include GST unless expressly stated otherwise. BLV may offer promotional discounts, coupon codes or bundled pricing. Any such offer is subject to its stated terms and may be withdrawn at any time prior to your final submission of payment details.

6.3 Payment Terms

Unless BLV expressly agrees to invoicing on account, all fees are payable in full at the time of enrolment via a payment method supported by BLV’s third-party payment gateway provider. On successful processing of payment, BLV will issue a tax invoice compliant with Australian Taxation Office requirements to your nominated email address. BLV does not store complete credit-card or bank-account details and relies on the security protocols of its payment gateway. You acknowledge that online payment transactions may be subject to the terms and privacy policy of the gateway provider.

6.4 Non-Refundability of Fees

Except as provided in section 8 or required by the ACL, fees become strictly non-refundable upon the earlier of:

  • your streaming, downloading or otherwise accessing any part of the Course content; or
  • the expiry of the cooling-off period specified in section 8.1. You acknowledge that the Course constitutes a supply of electronic content which, once accessed, cannot be “returned” in the ordinary sense.

6.5 Chargeback Policy

You must not initiate a chargeback or payment dispute unless:

  • you have first notified BLV in writing of the grounds for dispute; and
  • BLV has failed to respond substantively within ten (10) Business Days after receipt of that notice. If you initiate a chargeback in contravention of section 6.5.1, BLV may:
  • suspend your Membership and deny access to the Course pending resolution; and/or
  • recover from you any fee imposed on BLV by its payment processor in connection with the chargeback, together with BLV’s reasonable administrative costs.

6.6 Price Revisions

BLV may revise its published prices at any time with effect for new purchases made after the revision is posted on the Site. A price revision does not affect Services that you have already purchased and for which BLV has received full payment.

7 Course Access, Testing and Certificate Issuance

7.1 Course-access licence

  • Grant of licence – Subject to:
    • BLV’s confirmation of enrolment;
    • receipt of cleared funds in accordance with section 6; and
    • continuing compliance with these Terms, BLV grants the User a personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to stream and view the Course via the Site solely for the purpose of the User’s own study in preparation for the Victorian marine-licence theory assessment.
  • Scope and restrictions – Except as expressly permitted by the Copyright Act 1968 (Cth) or an applicable exception under that Act, the User must not:
    • download, reproduce, adapt, modify, translate, decompile, disassemble or reverse-engineer any part of the Course;
    • make any Course content available to another person, whether by sale, gift, loan, rental, sharing of log-in credentials, screen-sharing, streaming, posting on social media or any file-sharing platform;
    • circumvent, disable or interfere with any technological protection measure (TPM) used by BLV to protect the Course; or
    • use the Course or any assessment questions for the design, development or delivery of any competing education or training service.
  • Licence duration – The licence commences on the date BLV issues the enrolment-confirmation email and automatically terminates upon the earliest of:
    • expiry of the six-month Access Period defined in section 5.1.2;
    • cancellation of the Membership under section 8, 15 or any other section;
    • termination for breach pursuant to section 15; or
    • BLV withdrawing the Course permanently from the market (provided BLV grants the User a pro-rata refund for the unused portion of the Access Period if the withdrawal occurs for commercial reasons unrelated to the User’s conduct).
  • Effect of termination – Upon termination or expiry of the licence the User must:
    • immediately cease all access to and use of the Course;
    • permanently delete or destroy any Course material that the User may have downloaded or stored (including any back-ups or cached copies); and
    • certify to BLV in writing, upon request, that the User has complied with paragraphs (a) and (b).

7.2 Zoom assessment sessions

  • Session configuration – Unless BLV publishes a different format for a particular date:
    • each assessment session will be ninety (90) minutes in length;
    • session times are stated by default in Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Time (AEDT) as applicable; and
    • BLV reserves the right to record audio, video and screen capture of the session for integrity, audit and quality-assurance purposes. The User consents to such recording and acknowledges that recordings may be retained for up to seven (7) years and provided to Safe Transport Victoria, VicRoads or any court, tribunal or regulatory authority on request.
  • Identity verification – The User must present, to the camera, a current government-issued photo ID matching the name on the User’s BLV account. Failure to provide adequate ID may result in exclusion from the session and it will be treated as a no-show under paragraph 7.2.5.
  • Unlimited Test Attempts – booking procedure – The User may book an assessment:
    • by using the online scheduler available via the Site dashboard;
    • no earlier than four (4) weeks and no later than twenty-four (24) hours before the session start time; and
    • subject to availability of places (first-come, first-served). BLV is under no obligation to create additional sessions if the published sessions are fully booked.
  • Re-scheduling – The User may reschedule a booking once, without charge, by clicking the re-schedule option in the dashboard at least twenty-four (24) hours before the scheduled start time. A second or subsequent reschedule, or a reschedule request inside the twenty-four-hour window, is at BLV’s discretion and may attract the no-show fee under paragraph 7.2.5.
  • No-show / late-cancellation fee – If the User:
    • fails to attend a booked session;
    • is more than ten (10) minutes late after the scheduled start time; or
    • is excluded for non-compliance with paragraphs 7.2.1–7.2.3, BLV may charge an administrative fee of AUD 50 (inclusive of GST). The fee is payable before any further session can be booked. BLV may waive the fee where the User produces satisfactory evidence of illness, emergency or system outage beyond the User’s reasonable control.
  • Exam integrity incidents – BLV may, acting reasonably, suspend, invalidate or refuse to mark an assessment if BLV believes that the User has compromised the integrity of the exam (for example by receiving unauthorised assistance, cheating, tampering with recording software or providing fraudulent ID). In serious cases BLV reserves the right to report the incident to Safe Transport Victoria, VicRoads and any relevant law-enforcement agency.

7.3 Technical requirements

  • Minimum specifications – BLV publishes on the Site a set of minimum technical specifications (MTS), including operating-system versions, supported browsers, camera resolution, microphone quality and bandwidth speed. The User must ensure compliance with the current MTS before booking an assessment.
  • System test – BLV recommends and provides instructions for a “system test” call. Completion of the system test at least twenty-four (24) hours before the booked session is mandatory for first-time Users and strongly encouraged for all subsequent attempts.
  • Security software – The User must disable or whitelabel any firewall, VPN or security software that may interfere with Zoom traffic or BLV’s proctoring plug-ins. If such software blocks the proctoring connection, BLV may deem the session invalid and treat it as a no-show.
  • Liability disclaimer – Under section 12 BLV accepts no liability for:
    • latency, jitter, packet loss or any degradation in video or audio quality attributable to the User’s ISP or local network;
    • incompatibility between BLV’s software and outdated operating-system builds or browser versions; or
    • the User’s failure to carry out the system test.

7.4 User conduct during assessment sessions

  • Professional behaviour – The User must dress and act as if present in a physical examination centre. Drinks in closed containers are permitted; food, smoking and vaping are not.
  • Environment – The User must sit alone in a well-lit, uninterrupted environment. The User must provide a 360-degree webcam pan of the room at the proctor’s request.
  • Strict prohibitions – During any assessment the User must not:
    • speak aloud or communicate with another person (other than the invigilator);
    • leave the field of view of the camera;
    • use a second screen, smart-watch, earpiece or any electronic device other than the primary device running Zoom;
    • consult notes or reference materials;
    • copy, photograph or record any question; or
    • engage in any conduct listed in section 10.3.
  • Sanctions – Breach of any requirement in this section 7.4 may result in:
    • immediate termination of the assessment;
    • recording of a “fail” result;
    • imposition of an exclusion period of up to six (6) months for a first offence, or permanent exclusion for a second or serious offence; and
    • reporting of the incident to relevant regulators or law-enforcement agencies.

7.5 Certificate issuance and delivery

  • Pre-conditions – A Certificate will be issued only where BLV records a passing grade of at least the minimum percentage stipulated by Safe Transport Victoria for the relevant licence category and the User has no unpaid fees.
  • Delivery method and timing – Certificates are printed and lodged with Australia Post within two (2) Business Days after the pass confirmation email. Estimated delivery times (not guaranteed):
    • Standard post – three to five (3–5) Business Days within metropolitan Victoria;
    • Express Post Option – next Business Day within the Australia Post Express Network.
  • Re-issue – A replacement Certificate may be issued on written request if the original is lost or damaged, subject to payment of a replacement fee of AUD 35 plus any applicable Express Post charge.
  • Regulator acceptance window – The User acknowledges that VicRoads will only accept a Certificate that is less than twelve (12) months old. BLV bears no responsibility if the User fails to lodge within that time.

7.6 Regulatory disclaimer

BLV facilitates training and assessment but does not grant a marine licence. Final determination rests with VicRoads in the exercise of its statutory discretion. BLV is not liable for any refusal, delay or condition imposed by VicRoads, including refusal on grounds relating to medical fitness, prior infringements, unpaid fines, identity verification or changes in regulatory policy.

8 Refunds, Performance Guarantee and Cancellations

8.1 Cooling-off refund

  • Period and eligibility – You may cancel the enrolment for any reason within three (3) clear calendar days after purchase and before accessing any Course content (streaming a video, opening a PDF, completing a quiz or booking a session).
  • Notice – Cancellation must be effected by sending an Electronic Communication to support@boatlicencevictoria.com.au quoting the order number and stating “Cooling-off cancellation”.
  • Refund processing – BLV will process the refund within five (5) Business Days of confirming eligibility. Interbank settlement times are beyond BLV’s control.

8.2 Performance refund (“Money-Back Guarantee (no-pass)”)

If you watch every video module, complete all practice-quiz sets in your dashboard, and attend three supervised Zoom test sessions within your Access Period but still fail to achieve a passing mark, you may claim a refund of the Course fee in accordance with section 3.2 of the BLV Refund Policy. To make a claim, email support@boatlicencevictoria.com.au within 7 days of your third test attempt, include your order number and the dates of your three Zoom sessions. We will grant or refuse your refund request within 10 Business Days.

  • Exclusions: No refund is available if failure is due to user misconduct or cheating, non-attendance, expiry of the Access Period, or breach of section 10.

8.3 BLV-cancelled assessment sessions

If BLV cancels a booked assessment session for reasons other than force majeure (see section 16) and cannot offer a replacement within ten (10) Business Days of the original date, the User may choose:

  • a full refund of the Course fee; or
  • retention of enrolment with the next available session. This clause does not apply where cancellation is due to disruptions beyond BLV’s reasonable control (see section 16). In such cases rescheduling without charge is the sole remedy.

8.4 BLV discretionary cancellation

BLV may cancel a Membership at its sole discretion by written notice. Unless cancellation is due to the User’s breach, BLV will refund the Course fee in full. Cancellation takes effect on the date stated in the notice (or, if none stated, immediately). All licences and access rights terminate at that time.

8.5 Refund procedure and method

A refund claim under sections 8.1–8.4 must be made in writing within seven (7) calendar days after the relevant event. If approved, BLV will refund to the original payment method; if that is not practicable (e.g. expired card) BLV may refund by EFT to a nominated Australian bank account after verifying identity. Refunds are net of any international currency-conversion or transfer fees.

8.6 Chargeback restrictions

Initiating a chargeback without first exhausting BLV’s internal dispute-resolution process constitutes a breach of these Terms. If a User lodges an unjustified chargeback, BLV may:

  • suspend or terminate the Membership;
  • report the incident to the relevant payment-service provider; and
  • recover its chargeback handling fee plus reasonable enforcement costs under section 18.5.

9 Variation of Terms

9.1 Amendment mechanism

BLV may amend these Terms to:

  • comply with a change in law, regulation or industry standard;
  • reflect improvements to the Site or Services;
  • correct typographical or drafting errors; or
  • implement a commercially reasonable change in business model. BLV will post the revised Terms on the Site and send an Electronic Communication summarising material changes to the User’s registered email at least seven (7) days before the amendments take effect.

9.2 User options

If the User does not agree to the amendments the User may, within the seven-day notice period, terminate the Membership by written notice and request a pro-rata refund for the unused portion of the Access Period. Failure to terminate under paragraph 9.2.1 and continued use of the Site or Services after the effective date constitutes acceptance of the amended Terms.

10 User Responsibilities and Acceptable Use

10.1 Accurate information

The User warrants that all personal and contact information supplied to BLV is accurate and not misleading. The User must update such information promptly via the account dashboard or by written notice.

10.2 Account security

The User must use a strong, unique password and enable any multi-factor authentication (MFA) option offered by BLV. The User is responsible for all activities undertaken using the User’s credentials, whether authorised or not. BLV is not liable for losses arising from unauthorised access where BLV has not been negligent.

10.3 Prohibited activities (non-exhaustive)

  • Sharing, selling, lending or otherwise providing another person with access to the account.
  • Recording or reproducing Course or assessment materials.
  • Introducing malicious code, phishing or attempting to gain unauthorised access to any server or database.
  • Using the Site to harass, threaten, defame or vilify any person or group.
  • Conduct that BLV reasonably considers may bring BLV or the Services into disrepute.

10.4 Regulatory compliance

The User must comply with all current guidelines published by Safe Transport Victoria, VicRoads and any successor body. Non-compliance may result in disqualification from the assessment or refusal of a marine licence by VicRoads.

10.5 Hardware, software and connectivity

The User bears all cost and risk associated with acquiring and maintaining the hardware, software, internet-service plan and data allowances required to access and use the Services.

10.6 Licence-application obligations

Completion of the Course does not exempt the User from meeting any other prerequisite for a marine licence (e.g. eyesight test, medical declaration, proof-of-identity). The User must make all requisite lodgements with VicRoads.

11 Intellectual Property

11.1 Ownership and reservation of rights

All copyright, trade-marks (registered or unregistered), domain names, design rights, patents, know-how, trade secrets and all other rights subsisting in the Site, Course, logos, names and branding belong to BLV or its licensors. All rights not expressly granted to the User are reserved.

11.2 Licence scope

The User may:

  • stream Course videos;
  • download BLV-provided PDF study aids solely for personal use; and
  • take handwritten notes for personal reference. The User may not use BLV’s trade-marks or trade names without BLV’s prior written consent except to truthfully describe the User’s own licence status (e.g. “I completed my course with Boat Licence Victoria”).

11.3 Infringement enforcement

If BLV suspects unauthorised distribution or infringement, BLV may:

  • issue a notice under the Copyright Regulations 2017 (Cth) to relevant ISPs;
  • commence proceedings in the Federal Court of Australia for injunctive and monetary relief;
  • recover damages calculated under section 115 of the Copyright Act 1968 (Cth); and
  • seek indemnity costs in accordance with section 18.5.

11.4 Feedback assignment

The User assigns to BLV all present and future right, title and interest (including copyright) in Feedback and agrees that BLV may use or exploit Feedback without restriction or obligation to the User. To the maximum extent permitted by law, the User irrevocably waives all moral rights (including the right of attribution) in relation to any Feedback.

12 Disclaimers and Limitation of Liability

12.1 Basis of supply

The Site and Services are supplied “as is” and “as available”. BLV does not warrant that the Site will be uninterrupted, secure, error-free or compatible with every device or browser. Except to the extent required by the ACL, BLV makes no warranty as to the accuracy, completeness or timeliness of any content.

12.2 Liability cap and exclusions

Nothing in these Terms excludes liability for death or personal injury caused by BLV’s negligence, or for any matter which cannot be excluded under the ACL. Subject to paragraph 12.2.1, BLV’s aggregate liability to the User, whether in contract, tort (including negligence), equity, under statute or otherwise, is limited to the greater of:

  • AUD 125; and
  • the total amount actually paid by the User to BLV for the Services giving rise to the claim. BLV is not liable for indirect, consequential or special loss, loss of profit, revenue, goodwill, business opportunity or data, whether foreseeable or not.

12.3 Third-party-services disclaimer

BLV facilitates but does not control services provided by VicRoads, Safe Transport Victoria, Australia Post, payment gateways, Zoom or internet-service providers. BLV accepts no responsibility for any loss arising from any act or omission of those providers.

13 Indemnification

13.1 Indemnity undertaking

The User indemnifies, and must keep indemnified, BLV and its officers, employees, contractors and agents (Indemnified Parties) from and against all liability, loss, cost (including solicitor-client costs), damage or expense incurred by an Indemnified Party arising from:

  • any breach by the User of these Terms;
  • any negligent, unlawful or wilful act or omission of the User;
  • any claim that the User’s data, content or conduct infringes a third-party right (including intellectual-property or privacy right); or
  • any misuse of the Site or Services.

13.2 Indemnity process

BLV will give the User prompt written notice of any indemnified claim and will allow the User to conduct the defence (at the User’s cost), provided that:

  • BLV may participate with counsel of its own choosing; and
  • the User must not settle a claim on terms that impose injunctive relief, admission of liability or payment on BLV without BLV’s prior written consent.

14 Dispute Resolution

14.1 Internal complaint procedure

  • How to lodge. Before commencing external proceedings you must email a written complaint to support@boatlicencevictoria.com.au with:
    • your full legal name, postal address and the email registered on your BLV account;
    • the order number or invoice number relevant to the complaint;
    • an accurate, chronological statement of the facts (maximum 1 000 words) including the date on which the issue arose and the names of any BLV employee or contractor involved;
    • copies of all material evidence (e.g. screenshots, email chains, assessment logs, receipts); and
    • the specific remedy sought (refund, re-booking, compensation, apology, etc.).
  • Acknowledgement. BLV will acknowledge receipt within two (2) Business Days and allocate a unique complaint reference number.
  • Substantive response window. BLV must provide a reasoned written response within ten (10) Business Days of receiving a complete complaint. If further information is reasonably required BLV will request it once only; the countdown pauses until the User supplies that information.
  • Good-faith obligation. The parties must act in good faith and co-operate in exchanging all information reasonably necessary to resolve the complaint.

14.2 Confidential, without-prejudice discussions

Either party may, at any time during the internal-complaint stage, propose a without-prejudice settlement meeting (by phone, videoconference or in person). Such communications are confidential and inadmissible in subsequent proceedings except by mutual consent.

14.3 External mediation

  • Trigger. If the complaint remains unresolved thirty (30) Business Days after BLV’s substantive response (or such longer period as the parties may agree in writing), either party may refer the matter to mediation administered by the Dispute Settlement Centre of Victoria (DSCV).
  • Mediator appointment. If DSCV is unable or unwilling to act, the referring party may request that the President of the Law Institute of Victoria appoint an accredited mediator.
  • Mediation rules. Unless the mediator directs otherwise:
    • each party must exchange, at least five (5) Business Days before the mediation, a concise statement (max. 10 pages) of facts, issues, legal contentions and settlement proposals;
    • each party must have present (in person or online) a representative holding full settlement authority;
    • communications during mediation are confidential to the maximum extent permitted by law; and
    • the mediation must conclude within one (1) Business Day unless the parties agree to extend.
  • Costs. The mediator’s professional fees and venue costs are payable 50 % each unless the parties agree otherwise.

14.4 Escalation to tribunal or court

If the dispute is not settled within thirty (30) Business Days after the mediator’s appointment (or any shorter period certified by the mediator as deadlocked), either party may commence proceedings in:

  • the Victorian Civil and Administrative Tribunal (VCAT) – Civil Claims List, or a specialist list having jurisdiction; or
  • a court of competent jurisdiction in Victoria.
  • Urgent relief. Nothing in this section prevents a party from seeking urgent injunctive relief (including Anton Piller or Mareva orders) at any time.

14.5 Cost follow-the-event principle

Except as expressly provided elsewhere in these Terms or ordered by the tribunal/court:

  • costs incurred in the internal-complaint and mediation stages are borne as set out in 14.3.4; and
  • in litigation or arbitration, costs follow the event per the Supreme Court (General Civil Procedure) Rules 2015 (Vic) or VCAT Costs Practice Note, unless a court or tribunal orders otherwise.

15 Termination

15.1 BLV’s discretionary termination (no-fault)

  • Notice and effective time. BLV may terminate a Membership for any reason by giving not less than seven (7) Days’ written Notice. Termination is effective on the expiry of that notice period unless BLV elects an earlier date.
  • No admission. Discretionary termination does not amount to an admission of fault or liability by BLV.

15.2 Termination or suspension for breach

  • Summary action. BLV may immediately suspend or terminate the Membership by written Notice if the User:
    • commits a material breach of these Terms that is incapable of remedy (e.g. cheating, IP infringement, payment fraud);
    • commits a material breach capable of remedy and fails to remedy it within five (5) Business Days of a Notice to do so;
    • is repeatedly in minor breach such that BLV reasonably concludes the User is unwilling to comply;
    • becomes bankrupt, insolvent or subject to external administration; or
    • is convicted of an offence involving dishonesty, violence or a threat to public safety relevant to marine licensing.
  • Consequences. On termination for breach:
    • the licence in section 7.1 terminates immediately;
    • all outstanding fees become due and payable;
    • no refund or credit is due, save for any non-excludable refund under the ACL;
    • the User must destroy or delete all BLV materials in the User’s possession; and
    • BLV may pursue further legal remedies including damages, equitable relief and costs.
  • Suspension option. In lieu of immediate termination BLV may suspend access while investigating a suspected breach. Suspension does not stop the Access-Period clock; however, if the investigation exonerates the User BLV will extend the Access Period by the number of days of suspension.

15.3 User-initiated closure

  • Procedure. The User may close the account at any time by emailing support@boatlicencevictoria.com.au from the registered address, quoting the account ID and requesting closure.
  • Refund rights. Subject to section 8 (particularly the cooling-off and performance-refund provisions), voluntary closure does not entitle the User to any refund.
  • Data retention. BLV will retain examination and transaction records for at least seven (7) years in accordance with Safe Transport Victoria audit rules, even after account closure.

15.4 Survival of key provisions

The following survive expiry or termination for any reason: sections 2 (Definitions), 7.1.4, 10, 11, 12, 13, 14, 15.4, 17, 18, 19, 22–24 and any clause which by its nature is intended to survive (e.g. confidentiality, indemnities, limitation of liability).

16 Force Majeure

16.1 Definition of force-majeure event

A force-majeure event is an extraordinary circumstance beyond the reasonable control of the Affected Party, including but not limited to:

  • natural phenomena: earthquake, cyclone, flood, bushfire, lightning, drought;
  • war, terrorism, riot, civil commotion, sabotage;
  • pandemic, epidemic or government-ordered lockdown;
  • industrial action (excluding strike by the Affected Party’s own non-out-sourced workforce);
  • explosion, fire (not caused by the Affected Party’s negligence), or chemical contamination;
  • failure of a public utility, data-centre outage, undersea cable break, or global routing incident;
  • unavailability of the Zoom platform or other essential third-party SaaS infrastructure due to the provider’s fault or a widespread cyber-attack.

16.2 Notification and mitigation

The Affected Party must notify the other as soon as practicable after becoming aware of the event, describing its nature, expected duration and effect on performance. The Affected Party must use all reasonable endeavours to mitigate, overcome or remedy the effects, including switching to back-up infrastructure or alternative suppliers where commercially feasible.

16.3 Suspension and remedy

Performance of the affected obligation is suspended for the event’s duration. The Access Period is extended day-for-day for a User unable to access the Course due to BLV’s force-majeure event. If a scheduled assessment is disrupted, BLV will, at the User’s option:

  • re-schedule the session at the earliest available time free of charge; or
  • where the disruption exceeds seven (7) consecutive Days, offer a refund of the no-show fee (if any) and extend the Access Period accordingly.

16.4 Right to terminate prolonged events

If a force-majeure event continues for longer than forty-five (45) consecutive Days and substantially frustrates these Terms, either party may terminate by written notice. BLV will refund any prepaid fees for Services not yet supplied.

17 Severability

If a provision is void or unenforceable in a jurisdiction but would be valid and enforceable if modified, it is deemed modified to the minimum extent necessary to render it valid. If modification is impossible, the provision is severed for that jurisdiction only, without affecting the remaining provisions or its validity in other jurisdictions.

18 Non-Waiver

A single or partial exercise or waiver of a right does not prevent any further exercise of that right or another right. A party is not bound by a waiver unless it is:

  • in writing;
  • signed by the party granting the waiver; and
  • expressly states that it is a waiver under these Terms.

19 Notices, Electronic Communications & Miscellaneous Provisions

19.1 Methods of service

  • Email. To BLV: support@boatlicencevictoria.com.au. To the User: the most recent email in the User profile.
  • Physical delivery. Australia Post registered mail to BLV’s principal place of business specified on the Site or to the User’s residential or business address supplied at enrolment.
  • Dashboard/banner. System-generated pop-ups, in-app messages or banner notifications are binding Notices if they contain a conspicuous label such as “Important Legal Notice”.

19.2 Time of receipt

  • Email – deemed received one (1) hour after the time stamp of the sender’s “sent” record, unless a system anti-delivery report is received.
  • Registered mail – deemed received three (3) Business Days after posting within Australia (ten (10) Business Days if international).
  • Dashboard/banner – deemed received on the earlier of (a) the User’s next log-in, or (b) seventy-two (72) hours after posting.

19.3 Electronic transactions framework

The parties agree that the Electronic Transactions (Victoria) Act 2000 applies and permits electronic contracting, signature and service.

19.4 Relationship of parties

Nothing in these Terms creates any fiduciary relationship, employment contract, agency, partnership or joint venture. Each party is an independent contractor.

19.5 Cumulative rights and remedies

Rights, powers and remedies provided in these Terms are cumulative and not exclusive of any rights, powers or remedies provided by law or equity.

19.6 Recovery of enforcement costs

  • Costs on indemnity basis. Where the User breaches these Terms and BLV incurs costs enforcing its rights (including debt-collection commission, tracer fees, expert-witness fees, external counsel fees and court filing fees), the User must pay those costs on an indemnity (solicitor–client) basis.
  • Interest. Unpaid costs accrue interest at the rate prescribed under section 2 of the Penalty Interest Rates Act 1983 (Vic) plus 2% per annum until paid.

19.7 Third-party websites

BLV is not responsible for, and disclaims all liability in connection with, any third-party website linked on the Site. The User must comply with the third party’s terms of use and privacy policy.

19.8 Security and viruses

BLV uses commercially reasonable technical and organisational measures (including TLS encryption, firewalls and regular penetration testing) but does not guarantee that the Site or any digital content is free from viruses or vulnerabilities. The User must:

  • maintain up-to-date anti-virus and anti-malware software;
  • not share devices used for assessment with untrusted users; and
  • notify BLV immediately if the User becomes aware of any security breach that may affect the Site.

19.9 Feedback intellectual-property cross-reference

Ownership and licence terms for Feedback are governed by section 11.4 (Feedback assignment).

19.10 Cookies, analytics and similar technologies

BLV uses first-party and third-party cookies, pixel tags and local-storage objects for:

  • session management and authentication;
  • analytics (e.g. Google Analytics);
  • personalisation and remembering User preferences;
  • marketing (re-targeting and conversion tracking). By using the Site the User consents to the placement of these technologies. The User may manage cookie preferences via browser settings; essential cookies cannot be disabled without disrupting core functionality (e.g. authentication). Further details are in BLV’s Privacy Policy (hyperlinked in section 21).

20 Assignment

20.1 Prohibition on User assignment, novation and security interests

  • No transfer without consent. The User must not sell, assign, novate, mortgage, charge, declare a trust over, sublicense or otherwise deal with:
    • the Membership;
    • any right to access the Course or sit an assessment; or
    • any cause of action under or in connection with these Terms, without BLV’s prior written consent, which may be withheld in BLV’s sole and absolute discretion for any reason or no reason.
  • Requests for consent. A request for consent must:
    • be in writing, identify the proposed assignee and include contact details and evidence of identity;
    • state the full circumstances and commercial rationale for the proposed transfer; and
    • attach an executed deed of accession in BLV’s prescribed form under which the assignee agrees to be bound by these Terms.
  • No “change of control” loophole. If the User is a company, any change in the legal or beneficial ownership of more than 50% of its voting shares (or, for a trust, a change of trustee) is deemed an assignment requiring BLV’s consent.
  • Security interests void. The User must not grant any security interest (as defined in the Personal Property Securities Act 2009 (Cth)) in the User’s rights under these Terms. Any attempted grant is void.
  • Consequences of unauthorised transfer. A purported assignment or dealing in breach of this section is ineffective and constitutes a material breach for the purposes of section 15.2.

20.2 BLV’s entitlement to assign, novate or subcontract

  • Permitted dealings. BLV may, without the User’s consent:
    • assign or novate any or all of its rights or obligations to:
      • a Related Body Corporate (within the meaning of the Corporations Act 2001); or
      • a purchaser of, or successor to, the business to which the Services relate; and
    • subcontract the performance of any obligation (for example, hosting, payment processing, proctoring or customer-support services).
  • Notice of assignment. BLV will give the User Notice of any assignment or novation under paragraph 20.2.1 within a reasonable time after the effective date. From that date:
    • the transferee is substituted for BLV and the term “BLV” in these Terms includes the transferee; and
    • BLV is released from further performance to the extent of the assignment.
  • Continuity. Any assignment or novation by BLV under this section does not:
    • increase the User’s obligations; or
    • diminish the User’s rights, except to the extent agreed in writing by the User or permitted under section 9 (Variation of Terms).

21 Privacy and Data Protection

21.1 Privacy Policy incorporated by reference

The BLV Privacy Policy, as published at https://boatlicencevictoria.com.au/legal/privacy and amended from time to time in accordance with APP 1.3, is incorporated into and forms part of these Terms.

22 Fraud and Misuse of Services

22.1 Categories of misconduct

  • Academic dishonesty: Collusion, use of hidden notes, remote earpieces, AI-generated answers, screen sharing
  • Identity fraud: Fake or altered photo ID, “proxy test taker”, deep-fake video feed
  • Payment fraud: Stolen credit cards, chargeback abuse, money-laundering patterns
  • Technical intrusion: Attempting SQL injection, DDoS, brute-force login, probing LMS APIs
  • Misrepresentation: False declarations about residency, age or medical fitness

22.2 Investigation process

  • Preliminary evidence. If monitoring software or staff flag suspicious activity, BLV will place the result “in abeyance” pending investigation.
  • Right to respond. BLV will provide the User with a summary of the allegation and a secure link to upload exculpatory evidence within five (5) Business Days.
  • Decision. An internal panel (Head of Compliance, Lead Invigilator, Legal Counsel) will decide on the balance of probabilities and issue a written determination. Determinations are final except for rights under section 14 (Dispute Resolution).

22.3 Sanctions continuum

  • Level 1 – Warning: Minor first-time infraction with no intent (e.g. accidental background noise) – Written warning, mandatory refresher briefing
  • Level 2 – Penalty: Intent but low impact – Session void, AUD 50 re-booking fee, mandatory training module
  • Level 3 – Serious: Clear cheating or ID fraud – Membership termination (no refund), permanent black-list
  • Level 4 – Criminal: Payment fraud, document forgery – Report to police, STV & VicRoads; civil action for damages

22.4 Notification to regulators

BLV is legally obliged under the Marine Safety Act 2010 (Vic) and STV Conditions of Accreditation to notify STV and VicRoads of confirmed misconduct that may compromise licence integrity.

23 Governing Law and Language

23.1 Governing law

These Terms are governed by the laws of the State of Victoria and, where applicable, the laws of the Commonwealth of Australia.

23.2 Jurisdiction

Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of:

  • the courts of Victoria and appellate courts therefrom; and
  • the Victorian Civil and Administrative Tribunal (VCAT) where VCAT has jurisdiction.

23.3 Service of process

Nothing in these Terms prevents a party from effecting service of process by any method permitted by law, including email to the addresses set out in section 19.

23.4 Authoritative language

The English language version of these Terms is the governing text. Any translation is provided for convenience only and has no legal effect.

24 Independent Legal Advice

24.1

BLV is not a law firm and the Course does not constitute legal advice. Maritime regulations can change; Users should consult VicRoads or a qualified legal practitioner for up-to-date advice on licensing requirements.

24.2

BLV recommends the User seek independent legal, financial or technical advice before relying on any representation beyond the scope of these Terms.

24.3

By continuing to access the Site or Services, the User represents that they:

  • have had an opportunity to obtain independent advice; or
  • have elected not to obtain such advice and nevertheless wish to proceed, acknowledging the associated risks.

25 Entire Agreement

25.1 Integration clause

These Terms, together with:

  • the Privacy Policy;
  • any schedule or annexure expressly incorporated by reference; and
  • any written Variation issued under section 9, constitute the entire agreement between the parties in relation to the subject matter and supersede all prior proposals, negotiations, representations and agreements, whether oral or written.

25.2 Priority

If there is any inconsistency between documents forming part of these Terms, the priority (descending) is:

  • the main body of these Terms;
  • any schedule or annexure;
  • the Privacy Policy;

25.3 No reliance

The User acknowledges that they have not relied on any statement or representation not expressly set out in these Terms or required by law. BLV disclaims any liability for pre-contractual statements, whether negligent or otherwise, to the extent permitted by law.

25.4 Variation only in writing

No modification or amendment of these Terms is effective unless made in accordance with section 9.

25.5 Counterparts & electronic execution

If these Terms or any Variation require execution, they may be executed in electronic counterparts, all of which together constitute one instrument.