Terms of Service
1. About AEC Labs
AEC Labs ("AEC Labs", "we", "us", "our") operates an online platform at aeclabs.com.au providing training, assessment and professional development services for offshore Architecture, Engineering and Construction (AEC) professionals.
2. What AEC Labs Is Not
These terms and all AEC Labs materials use the following terms in their plain sense. To avoid doubt:
- AEC Labs is not a Registered Training Organisation (RTO) under the National Vocational Education and Training Regulator Act 2011 (Cth).
- AEC Labs certificates are not AQF qualifications. They are not registered on the Australian Qualifications Framework (AQF) and are not issued under any government-accredited scheme.
- AEC Labs certificates are professional development records issued on the basis of AEC Labs' own assessment standards. They are not equivalent to, and should not be represented as, government-accredited qualifications.
- AEC Labs is not a government body. Where the word "certified" is used, it refers to our internal assessment process only.
Misrepresenting an AEC Labs certificate as a government-accredited qualification may breach the Australian Consumer Law (Cth) and the National Vocational Education and Training Regulator Act 2011 (Cth). Users are solely responsible for how they represent their AEC Labs credentials to employers, licensing bodies, or others.
3. Eligibility and Account Registration
To access candidate features you must create an account. You agree to:
- Provide accurate and truthful information during registration and throughout your use of the platform.
- Keep your account credentials confidential and not share them with others.
- Notify us immediately of any unauthorised use of your account.
- Be at least 18 years of age, or have parental or guardian consent.
We reserve the right to suspend or terminate accounts that contain false information or violate these terms.
4. Certification Terms
AEC Labs certificates are awarded based on assessment of demonstrated competency against AEC Labs' internal standards. By applying for assessment you agree that:
- All submitted materials (assessments, portfolios, evidence) are your own original work.
- Misrepresentation, plagiarism or cheating will result in immediate disqualification and may result in a permanent ban from the platform.
- AEC Labs reserves the right to revoke certificates where fraud or misrepresentation is discovered at any time.
- Assessment decisions made by AEC Labs assessors are final, subject to the appeals process outlined in our Certification Standards.
- Your name, certification level, status and issue date will be publicly visible on the certificate verification page.
5. Acceptable Use
You agree not to:
- Use the platform for any unlawful purpose.
- Attempt to gain unauthorised access to any part of the platform or its databases.
- Upload malicious code, viruses or harmful content.
- Misrepresent your identity or affiliation.
- Scrape, harvest or systematically extract data from the platform without prior written consent.
- Use AEC Labs branding, logos or certification marks in an unauthorised manner.
- Represent AEC Labs certificates as government-accredited qualifications or AQF credentials.
6. Intellectual Property
All platform content, including training materials, assessment frameworks, certification standards, design elements and the AEC Labs brand, are the intellectual property of AEC Labs or its licensors. You may not reproduce, distribute or create derivative works without our express written permission.
You retain ownership of content you submit (e.g. portfolio evidence). By submitting content, you grant AEC Labs a non-exclusive, royalty-free licence to use it for assessment and quality assurance purposes.
7. Fees, Payments and Refunds
Certain services require payment. All fees are stated in Australian Dollars (AUD) and are inclusive of GST where applicable. Our refund terms are set out in our Refund Policy.
Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, that is conferred or implied by the Australian Consumer Law (Cth) and that by law cannot be excluded. Where you are a consumer under Australian Consumer Law, you are entitled to a refund, repair or replacement for services not of acceptable quality. See our Refund Policy for how to make a claim.
8. Placement Services — Important Notice
AEC Labs does not guarantee that your certificate will be recognised by any specific employer, professional body, licensing authority or regulatory authority in Australia or elsewhere. Employment outcomes depend on many factors outside our control.
9. Australian Consumer Law — Our Guarantees
Under the Australian Consumer Law, our training and assessment services come with consumer guarantees that cannot be excluded. These include that services will be provided with due care and skill, and will be reasonably fit for the purpose for which they are supplied. Where we fail to meet a consumer guarantee, you may be entitled to a remedy. Please see our Refund Policy for details.
Our liability for a failure to comply with a consumer guarantee for services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption is limited (at our election) to: (a) the re-supply of the services; or (b) the payment of the cost of having the services re-supplied.
10. Disclaimer of Other Warranties
To the extent permitted by law (and subject to the consumer guarantees described above), the platform is provided "as is" and "as available". We make no warranties, express or implied, regarding the platform's availability, accuracy or fitness for a particular purpose.
11. Limitation of Liability
To the maximum extent permitted by law (and subject to any applicable consumer guarantees), AEC Labs and its officers, employees and partners are not liable for indirect, incidental, special, punitive or consequential damages arising from your use of or inability to use the platform. Our total aggregate liability to you for any claim shall not exceed the amount you paid to AEC Labs in the 12 months preceding the event giving rise to the claim.
Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot be lawfully excluded under the Australian Consumer Law or any other applicable law.
12. Unfair Contract Terms
These terms are intended to be fair and reasonable. From 9 November 2023, unfair terms in consumer and small business standard form contracts are void and may give rise to civil or criminal penalties under the Australian Consumer Law. If you believe any term in these conditions is unfair, please contact us at hello@aeclabs.com before commencing proceedings.
13. Privacy
Your use of the platform is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference.
14. Governing Law and Disputes
These Terms of Service are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales for any disputes arising from these terms or your use of the platform.
Before commencing formal proceedings, we encourage you to contact us to attempt informal resolution of any dispute: hello@aeclabs.com.
15. Changes to These Terms
We may update these Terms of Service from time to time. We will notify you of material changes via email or a platform notice at least 14 days before the changes take effect. Your continued use after changes take effect constitutes acceptance. If you do not accept the changes, you should stop using the platform and contact us to close your account.
16. Contact
For any questions about these Terms, contact:
AEC Labs
Email: hello@aeclabs.com
Website: aeclabs.com.au