Terms and Conditions

Introduction

Welcome to Ocurrio! We’re excited to have you here but before you start using Axcelerate as your training portal or our services, we do need you to look through and accept these terms. We’ve done our best to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us. 

These are your legal rights and obligations, so please do read everything. If you cannot agree to our terms, then you can’t use our services.

If you still have questions or comments after you’ve read these terms, please contact us. 

Terms of Use

Placement of an order for services constitutes acceptance of the following terms and conditions

Delivery Policy

The following information provides how the services will be delivered.  

(1) Face to Face Courses

All fees will be paid prior to the commencement of training unless prior arrangements are made with Ocurrio.

Cancellation, Change and Refund Policy

Cancellation and change fees are addressed according to:

a) the notice given by the person making the request, and

b) the course value.

Courses valued less than $1200

• Cancellation requested 7 or more days prior to the commencement of the course: Full amount refunded
• Cancellation requested 2 to 6 days prior to the commencement of the course: 50% refunded
• Cancellation on business day prior to course commencement, no show on the day, arrive too late, withdrawal during the course: No monies refunded
• Change of date requested 7 or more days prior to the commencement of the course: No change fee
• Change of date requested 2 to 6 days prior to commencement of the course: We retain your original payment and charge a $75 change fee*
• Change of date requested on business day prior to course commencement: We retain your original payment and charge a $100 change fee**

Courses valued greater than $1200

• Cancellation requested 14 or more days prior to the commencement of the course: Full amount refunded
• Cancellation requested 2 to 13 days prior to commencement of the course: 50% refunded
• Cancellation on business day prior to course commencement, no show on the day, arrive too late, withdrawal during the course: No monies refunded
• Change of date requested 14 or more days prior to the commencement of the course: No change fee
• Change of date requested 2 to 13 days prior to commencement of the course: We retain your original payment and charge a $500 change fee
• Change of date requested on business day prior to course commencement: We retain your original payment and charge a $1000 change fee

Where a refund is due to a candidate, the applicable refund amount will be provided within thirty days.

Supply of Course Prerequisites

• Some courses have prerequisites that MUST be supplied prior to attending the course. This will be communicated on the website, in the booking confirmation, and on the phone if you call. In the event a prerequisite is not received by 5:00pm (GMT+10 Sydney) on the business day prior to the course, the enrolment will be cancelled and entry to the course will be refused. If this occurs, the course fee will not be refunded, nor held in credit.

Deposits

• From time to time, deposits may be required to secure a place on an upcoming course. These deposits are non-refundable.

Late Arrivals

• Arriving late to a course affects the learning outcomes of all students. Ocurrio reserves the right to refuse entry to candidates who arrive late to a course.

Participant Handbook

• Ocurrio makes available a generic handbook for all course participants on our website.   The purpose of this Participant Handbook is to provide participants with information in resolving any questions that may arise during the course of study. Included are items such as our relevant policies and procedures, code of conduct, terms and conditions and cancellation/refund policies. Please take the time to review this.

Deferrals and Withdrawals

• If for any reason you wish to defer your involvement in training and assessment, please discuss this with your trainer as a first step. Your trainer may refer you to another appropriate staff member to discuss any support requirements or to the Customer Protection Officer if you have a complaint or grievance. In all instances we will endeavour to implement processes that will support you to continue with your training. If you do decide to defer you can only do so for a maximum of 12 months, after this time you will not be entitled to continue with your course.

General

• Ocurrio reserves the right to cancel, postpone or re-schedule courses due to low enrolments or unforeseen circumstances. Should this occur a full refund and/or an opportunity to reschedule (without penalty) will be offered.
• Ocurrio reserves the right to change course fees, dates, content, trainers or method of presentation at its discretion.
• Ocurrio take responsibility and follow processes to ensure our training and assessment practices comply with the National Vocational Education and Training Act and Training Regulator Act 2011.
• Applications for refunds will generally be processed within five working days
• Administration fees apply because Ocurrio has expended time and money in meeting the student, setting up records, establishing registration and providing student materials.
• Non-attendance will incur full-course cost, and a free resit onto applications and short courses
• Where circumstances warrant, an agreement may be made with the CEO of Ocurrio for a reduced fee to be paid
• Options are also available to transfer the balance of course fees over to another course. This is on a case-by-case basis and must be approved by Ocurrio CEO
• Approved refunds will be deposited directly into the account nominated by the person seeking the refund
• The term “commencement” in this policy refers to the first scheduled training day
• Issues with regard to payment are to be handled at the first available opportunity and brought to the attention of the Ocurrio CEO. All refunds are to be documented in the course management system. 

Refund Policy

We recognise there are circumstances that make it necessary for our customers to cancel their enrolment or defer their participation in a course of study. The Ocurrio Refund Policy details the procedure in this case. There are also circumstances that make it necessary for Ocurrio to either cancel or postpone a course of study. 

The Ocurrio Refund Policy details the procedure in this case. This Refund Policy states the terms and conditions under which you are entitled to a credit note/refund for the products and services delivered by Ocurrio. Please read this policy carefully to determine whether or not you are able to request a credit or refund and the procedures for such request. 

Policies applicable for when a customer cancels or defers participation in a course of study For any Ocurrio product provided, you may be able to receive a credit note/refund, subject to the following terms and conditions: Notification of cancellation is required at the earliest opportunity. 

Your request for a credit note/refund must be sent in writing (either by post or email) to Ocurrio and include the following information: 1. Identification of the student 2. Effective date of cancellation of the student 3. The reason for the request for a refund 4. Complete contact information (name, address, phone, e-mail).

(2) E-Learning Courses

All the following terms and conditions apply to any of Ocurrio’s courses which are delivered either wholly or in part online.

e-Learning Course-Specific Terms and Conditions

Each Ocurrio e-Learning Course has a variety of Terms and Conditions which must be acknowledged and accepted prior to enrolment. These are provided to the candidate at time of online booking.  These Terms and Conditions are in addition to all following Terms and Conditions which apply to all e-Learning courses.

e-Learning Course-Specific Terms (Maximum Timeframe of Enrolment)

For courses delivered wholly online, the enrolment term commences at the time of purchase at which point the participant will be notified of their username and password. For courses delivered in part online, the enrolment term commences on the first day of the face-to-face training component. Username and password notification will be via email to the address provided by the participant during the enrolment process when payment is received by Ocurrio. Under NO circumstances whatsoever may any registered user share or distribute their username or password to any third party. Any breach of this term will result in the immediate suspension of the account.

Unless advised differently at time of enrolment, Ocurrio’s standard enrolment term is 12 months. If you have not completed your training within the enrolment term, your enrolment will be cancelled and your account disabled.

If you wish to continue your studies once your standard enrolment period has expired, we can extend your enrolment period for an additional twelve months at 50% of the course cost. Please note, enrolment periods cannot exceed twenty-four months in total and fees will not be reduced if an extension is requested after the standard twelve month enrolment period has expired.

A participant may withdraw from a course with Ocurrio at any time. No refund will be issued after login to the e-Learning system or once face to face training has commenced.

Unique Student Identifier (USI)

From 1 January 2015 all students undertaking nationally recognised training delivered by a registered training organisation will need to have a USI. The Department of Education and Training regulates the application process for USIs.

The main aim of the USI is to provide students access to a centralised database of their training records. A USI is a code made up of ten numbers and letters. It will look something like this: 3AW88YH9U5.

Q: Do I need a USI to do training with Ocurrio?
A: YES! We cannot provide your certificate without having your USI on file.

Q: What do I need to do before starting a course with Ocurrio?
A: Provide us with your USI. It is best to do this at time of enrolment. Otherwise contact us via the email on the web site contact details.

If you do not have a USI, please click here to create one in a new window (takes about 3 minutes). If you need help with this process, please call us on 1300 990 810.

Participant Support

During the enrolment term, support will be provided during Ocurrio business hours (7:00am – 5:00pm AEST). Support services are dependent upon on the type of course into which the participant has enrolled. Support services specific to each course are detailed in the relevant course guide/s. To obtain support, call us during business hours or preferably by email.

Turnaround times for marking

Applicability: This section relates to all e-Learning courses which require participants to submit assessment items for marking.

Upon successful enrolment into your course, you will be notified of your relevant trainer/s and/or assessor/s. Ocurrio will, upon receiving submission of an assessable item from you, endeavour to mark, and return, any piece of assessment within 10 business days. Please be advised that larger pieces of assessment may take longer. If you have not received a response to your submission within twenty (20) business days, please contact Ocurrio to discuss.

Blended Courses – e-Learning and Face-To-Face

Applicability: This section relates to all e-Learning courses which require the completion of online training and assessment prior to assigned face-to-face training day/s.

Upon selection of your course, it is the responsibility of the learner to ensure they are aware of the due dates of the required assessment. Achieving a competent result for online assessment components prior to attending face-to-face training components is mandatory. Where a learner has not reached a competent result prior to attending face-to-face training, the learner will not be permitted to participate. In this case, the course fee is forfeited and a rebooking fee will apply.

Supply of Course Prerequisites

Some courses have prerequisites that MUST be supplied prior to attending the course. This will be communicated on the website, in the booking confirmation, and on the phone if you call. In the event a prerequisite is not received by 5:00pm GMT+10 (Sydney time) on the business day prior to the course, the enrolment will be cancelled and entry to the course will be refused. If this occurs, the course fee will not be refunded, nor held in credit.

Content Ownership

You understand that all information, data, text, sound, photographs, graphics, messages or other materials (collectively: ‘content’), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated.

You own the rights to your own content that you post to during your enrolment. However, as a condition of your enrolment, you hereby grant to us the perpetual, non-exclusive, transferable, royalty free licence to edit, modify, copy, publish, distribute, and otherwise use any content that you post.

Content Restrictions

You shall not upload to, or distribute or otherwise publish to your e-Learning course any content that:

• is libellous, defamatory, obscene, discrimatory, profane, pornographic, abusive, harassing or threatening
• contains viruses or other contaminating or destructive features
• infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity
• contains material not relevant or otherwise inappropriate to the subject matter of a discussion board
• otherwise violates any applicable law

Intellectual Property and Copyright

You acknowledge that the course you enrolled into contains content that is protected by copyright, trademark or our other proprietary rights. In addition, the course contains information, software and other content provided by third parties that is protected by copyright, trademark or other proprietary rights. We hereby grant you a non-exclusive, non-transferable licence to use the content, provided that you:

• Only utilise the content for your own personal, non-commercial use
• Do not modify, publish, transmit, reproduce, create derivative works from, distribute, or in any way exploit any of the content provided to you.

Code of conduct and public forum participation

Some of Ocurrio’s e-Learning courses provide the opportunity to communicate with fellow participants via discussion forums and training and assessment activities.

Participation in any forum is optional but encouraged. Participants should assume that all postings are available to the general public. If participants wish to keep any business information, ideas, concepts, or inventions private, do not submit them to the public forums. Participants are expected to follow appropriate and professional practices when posting messages and questions that help others, further a conversation, or resolve an issue.

Strictly prohibited postings include, but are not limited to:

• Messages that are malicious offensive or obscene (including profanity)
• Messages that are defamatory or harassing
• Messages that denigrate any participant or other person because of their race, religion, gender, age, disability, or any other characteristic protected by law
• Proprietary, confidential, privileged or otherwise restricted information
• Communications with competitors about prices or terms of service
• Communications in violation of any laws
• Messages that are irrelevant to the discussion
• Provoking, distracting, or misleading messages
• Messages posted under someone else’s name
• Advertisements or self-promotions
• Personal information such as addresses, phone numbers or other personal information
• Spam

We reserve the right to remove, reject, delete or edit any content we deem unacceptable without prior notice. You shall remain solely responsible for all content posted by you.

Academic Misconduct

Academic dishonesty or academic misconduct is any type of cheating that occurs in relation to a formal academic exercise. It can include:

• Plagiarism: The adoption or reproduction of original creations of another author without due acknowledgment.
• Fabrication: The falsification of data, information, or citations in any formal academic exercise.
• Deception: Providing false information to an instructor concerning a formal academic exercise—e.g., giving a false excuse for missing a deadline or falsely claiming to have submitted work.
• Cheating: Any attempt to give or obtain assistance in a formal academic exercise (like an examination) without due acknowledgment.
• Bribery: Giving assignment answers or test answers for money.
• Impersonation: Assuming a student’s identity with intent to provide an advantage for the student.

Such violations are regarded very seriously. Ocurrio will vigorously investigate and pursue any participant suspected of engaging in any form of academic misconduct.

Minimum System Requirements

Participants are responsible for their own computer/device technology and Internet service. The technology standard required is described during the enrolment process for each e-Learning course provided.

Ocurrio is not responsible for any problems caused to or by your equipment, including any virus or related problems with your use of the Ocurrio  e-Learning system provided by Axcelerate.

You are responsible for all connection, access or data fees, and for installing, maintaining, and operating your own equipment. Ocurrio makes no warranties or interpretations that the website(s) contents and course information will meet your requirements.

Refunds

Ocurrio is, as are all other businesses and corporations registered within Australia, bound by Australian Consumer Law, which outlines the rights of a consumer to receive a refund on either a product or service. Whilst Ocurrio will issue refunds in accordance with Australian Consumer Law, however, please note that refunds will not be provided where you have:

• changed your mind;
• found it cheaper somewhere else;
• decided you did not like the purchase; or,
• have no use for it.

Refunds will only be provided by Ocurrio where:

• a person has been unable to complete their e-Learning course due to the unavailability of Ocurrio’s e-Learning services; and
• Ocurrio, or sub-provider has failed to maintain services.

Refunds will not be granted, for example, where a person’s personal internet connection becomes unavailable, personal IT hardware is unable to meet the minimum requirements, or corporate internet access blocks access to the Ocurrio’s e-Learning services.

Terminating Event

Breaching any of these terms and conditions may trigger a terminating event. The outcome of a terminating event may include any or all of the following (depending on the circumstances):

• A formal warning
• Cancellation of enrolment without refund
• Civil prosecution.

Whether a breach is triggers a terminating event is at the discretion of Ocurrio management.

Joining and Using Our Services

1. You and us:When we say youor your, we mean both you and any entity or firm you’re authorised to represent. When we say Ocurrio, we, our or us, we’re talking about Ocurrio Pty. Ltd. ABN 37 625 291 161; Australia). 
2. Our services:Our services consist of all the services we provide now or in the future, including training and assessment services, including the use of a Third Party training product Axcelerate.
3. Axcelerate is a third party software service provided by The Verner-Mackay Group Pty Ltd t/as aXcelerate. For more details go to : https://www.axcelerate.com.au/about . It is software used to deliver training and assessment to our candidates. Ocurrio does not own or have affiliation with Axcelerate other than to use the product as a Training management System to meet the Registered Training organisation (RTO) requirements and legal obligations.  Axcelerate may have additional terms and conditions that may be relevant – refer to : https://www.axcelerate.com.au/terms-of-use
4. Candidates: are the students and other persons who are provided access to our services and Axcelerate.
5. The right to use our services: As a candidate that wishes to access high quality training and assessment services, you are given access to Axcelerate in order for you to complete your course.  This access may be revoked at the end of the training program to which you have enrolled.
6. Rules: Whatever your role, when you use Ocurrio you agree to follow the rules outlined in these Terms of Use. Please read them and make sure you understand what you should and shouldn’t do.
7. Your responsibilities:You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services. You’re also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards but you will ensure that passwords are very strong and not easily guessable. The stronger the password the better! 
8. When we introduce new or revised services:Since we’re always thinking about how to make Ocurrio the best it can be – seriously, we’ve got teams dedicated to it – we regularly expand our services. For new or updated services, there might be additional terms. We’ll let you know what those terms are before you start using those services.
9. What we own:We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

Pricing

10. Pricing plans:Your use of our services generally requires you to pay for your training or professional development. The pricing plan consists of the fee we offered you, including invoicing, payment, and cancellation terms.. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know.  For information on how to change pricing plans, check out the relevant section on the Ocurrio web site.  
11. Taxes for your use of our services:You’re responsible for paying all other external fees and taxes associated with your use of our services wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes. This means location information you give us must be accurate for tax residency purposes.

Data use and privacy

Ocurrio uses your data to provide our services to you. Our privacy notice is an important part of these terms and describes in more detail how we deal with personal data, like your name and email address.

12. Use of data: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.
13. Use of your own personal data:We respect your privacy and take data protection seriously. In addition to these terms, our privacy noticesets out in detail how we process your own personal data that you enter into Ocurrio, like your name and email address.
14. Use of personal data you enter about others:Depending on where your contacts are based, our terms may also apply to the personal data of others (such as your customers, suppliers and employees) that you enter into Axcelerate.
15. Data breach notifications:Where we think there has been unauthorised access to personal data, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. 

Confidential information

We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.

16. Keeping it confidential:While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

Security

We take security seriously and you should too! To help protect our services and your data, we offer added security features such as two-step authentication.

17. Security safeguards:We pay Axcelerate to provide world class security on your data. All responsibility and accountability for data security related to the Axcelerate software system is to company that owns and trades as Axcelerate. 
18. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of Ocurrio’s systems or services to store personal data, (unless it’s a field explicitly asking for personal data – like a first name or last name) credit card details, tax identifiers or bank account details.

Apps and third-party products

To help make your Ocurrio experience even more enjoyable, we may use apps and other products and services made available by trusted partners.

19. Other services:Some of our services, may be made available through other companies’ services, such as Axcelerate.  These companies may have additional terms that apply to you. 
20. Bank or credit card details :These are required for paying for our services.  We utilise certified providers such as eWay to manage this information for the purposes of being paid for our services.  e-Way may have additional terms that apply to you.  All credit card transactions are processed securely and no details are retained. 
21. Third-party products:Along with the use of our services, you may use data, services and apps from other companies (third-party products), for example, those we make available in our app marketplace. Any third party providing a third-party product is a providerand is independent of us, so be aware that a provider may also charge you fees in addition to what you pay us. 
22. Third-party terms and descriptions:Third-party products are subject to terms and conditions and privacy notices set by their providers. These include how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non-personal data before you connect to them. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products.

Maintenance, downtime and data loss

Sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss, so backing up your data is important.

23. Availability:We strive to maintain the availability of our services, provide support and you can contact us 24hrs/day.  On occasion, we or Axcelerate may need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.
24. Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time. 
25. Data loss:Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services.
26. No compensation:Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
27. Problems and support:If you have a problem, please contact us at any time. We will endeavor to get back to you in a reasonable amount of time to address your issue or answer your query. 
28. Modifications:We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavor to notify you where practical (for example, by email or within our services when you log in).

Do’s and don’ts

This section is super important because it outlines how you can (and can’t) use our services. Much of it will be common sense.

29. Feedback:We love your feedback and may use it without restriction.
30.  Help using our services:We provide support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.
31. Discussions with us: From time to time we may have discussions about our services (eg) via email. Only share private information if you’re happy for others to know it, and don’t share  anything you don’t have the right to share.
32. Limitations: Some of our services may be subject to limits.
33. While we can’t cover everything here, we do want to highlight a few more examples of things you must not everdo:

• Undermine the security or integrity of our computing systems or networks.
• Use our services in any way that might impair functionality or interfere with other people’s use.
• Access any system without permission.
• Introduce or upload anything to our services that includes viruses or other malicious code.
• Share anything that may be offensive, violates any law, or infringes on the rights of others.
• Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
• Resell, lease or provide our services in any way not expressly permitted through our services.
• Repackage, resell, or sublicense any leads or data accessed through our services.
• Commit fraud or other illegal acts through our services.
• Act in a manner that is abusive or disrespectful to a Ocurrio employee, partner, or other Ocurrio customer. We will not tolerate any abuse or bullying of our Ocurrio employees in any situation and that includes interaction with our support teams.

Termination

34. Termination by Ocurrio: Ocurrio may choose to terminate your access to Axcelerate or our services at any time by providing you with one month’s written notice by email in advance. Ocurrio may also terminate or suspend your access to all or any data immediately if: 

• you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
• you breach any of these terms and the breach cannot be remedied, 
• you fail to pay your fees, or 
• you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

35. No refunds:No refund is due to you if Ocurrio terminates it in accordance with these terms (eg) terminates for you breaching terms of use. 
36. Retention of your data:Once your access is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with meeting RTO requirements. 

Liability and indemnity

This section is important as it outlines liability terms between us and you, so we urge you to read it closely and in full.

37. You indemnify us:You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
38. Disclaimer of warranties:Our services and all third-party products are made available to you on an “as is” basis. Subject to the consumer law terms, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.

39. Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

• We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
• For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from available backups.
• Our total aggregate liability to you in any circumstances is limited to the total amount you paid us in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

Disputes

This section outlines how disputes may be resolved.

40. Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our support team. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Important housekeeping

Here we set out some additional terms. Take a read as they cover important issues.

41. No professional advice:Just to be clear, Ocurrio isn’t a professional services firm of any sort, and isn’t in the business of giving any kind of professional advice. We may provide you with information we think might be useful in running a business or training program, but this should not be seen as a substitute for professional advice and we aren’t liable for your use of the information in that way.  
42. Events outside our control:We do our best to control the controllables. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
43. Notices: Any notice you send to Ocurrio must be sent to contact_us@ocurrio.com . Any notices we send to you will be sent to the email address you’ve provided us through your enrolment.
44. Consumer laws:In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable consumer guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable consumer guarantee says otherwise). 
45. Blocking your access or refusing to process a payment:As our sites are global, different laws may apply in different countries that restrict our relationship with you. We may block your access, terminate your access or refuse to process a payment if we reasonably believe there’s a risk – like a potential breach of a law or regulation – associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our customers or partners. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may also block users from a country if we can’t receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.
46. Relationship between the parties; assignment:Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other person such as your employer. You’re solely responsible for resolving disputes between you and any other person such as your employer.  Ocurrio may assign these terms – or any of our rights or obligations in these terms – to another Ocurrio entity as it deems appropriate. 
47. Changes to these terms: We sometimes will decide to change these terms of use. But don’t worry, changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email.  If a change isn’t material, we may not notify you. 
48. Enforcement of terms:If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.
49. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.