Background
These terms and conditions (Terms and Conditions) record an agreement between you (you, your) as the client and Dyaus Analytics Pty Ltd ACN 664 049 450 (trading as ‘Global Institute Of Artificial Intelligence’) (we, us, our) for the purpose of our delivery of artificial intelligence coaching and mentoring services regarding the development, implementation, understanding, and application of artificial intelligence solutions (Services) on the terms set out below.
Executed as an Agreement
Operative Provisions
1 Agreement
1.1 We may deliver the Services by way of:
(a) the platform named Global Institute of Artificial Intelligence with domain name www.giofai.com.au (Platform), a platform developed and owned exclusively by us; and / or
(b) a face-to-face format, requiring your attendance in order to participate (In Person Delivery).
1.2 These Terms and Conditions apply to the delivery of our Services, as well as your use of the Platform generally.
1.3 We and our third-party licensors reserve the right to update, modify, replace, limit, and expand the Platform and its functionality.
1.4 The Background forms part of the operative terms of these Terms and Conditions.
1.5 Prior to engaging with the Services, you should read these Terms and Conditions carefully.
2 Acceptance of Terms and Conditions
2.1 By checking the designated box on our website, you accept and agree to be bound by these Terms and Conditions.
2.2 We reserve the right to make changes to these Terms and Conditions from time to time without notice.
2.3 These Terms and Conditions apply continuously and anew each time you engage us to provide the Services. We reserve the right to make changes to these Terms and Conditions from time to time without notice, and you should check the Terms and Conditions upon each use of the Platform or Services.
3 Use
3.1 To receive the Services, you may be required to supply the following information:
(a) Your name;
(b) Your email address;
(c) Credit card or bank account details for payment purposes;
(d) Any other information required to use the Platform or Services.
(User Data).
3.2 Failure to supply correct User Data may result in you being unable to use the Platform or attend In Person Delivery as intended.
3.3 We may use the User Data for the purpose of providing the functionality of the Platform and providing information for In Person Delivery. In order to do so, we may share the User Data with other parties, including stakeholders and contractors.
3.4 Our use of any personal information provided within the User Data will be in accordance with our Privacy Policy available at https://www.giofai.com.au/privacy-policy/
3.5 You must not use the Platform for any unconscionable behaviour or activity, including but not limited to:
(a) Engaging in abusive, derogatory, discriminatory, or vexatious behaviour;
(b) Engaging in any activity that disrupts or corrupts the Platform or the networks that host the Platform; or
(c) Attempting to hack, reverse-engineer, disable, circumvent, or otherwise gain access to any security, database, or other secure aspect of the Platform.
3.6 In attending In Person Delivery, you must not engage in any unconscionable behaviour or activity, including but not limited to:
(a) Engaging in abusive, derogatory, discriminatory, or vexatious behaviour;
(b) Any activity which disrupts the In Person Delivery.
3.7 You may link to the Platform or attend In Person Delivery only:
(a) With our prior express permission;
(b) In a way that is fair, unbiased, legal and does not damage or exploit our reputation; or
(c) In a way that does not suggest either express or implied any association or endorsement by us.
3.8 You must remove or procure the removal of any link to the Platform immediately upon receiving notice from us to do so. We may give such notice at our absolute discretion without justification.
3.9 You must not modify, adapt or hack the Platform or modify another website or software so as to falsely imply that it is associated with the Platform or us. You must use the Platform for its intended purpose. You may not use the Platform for any illegal or unauthorised purpose, including the transmission of malware. You must not use the Platform to violate any laws in any jurisdiction, including but not limited to copyright laws. For the avoidance of doubt, you must not infringe upon the copyrights of any other person in using the Platform.
4 Advertisements
4.1 We may display advertisements by third party sponsors on the Platform (Ads). In doing so, we do not warrant the functionality of the business, product, or service being advertised in the Ad. We do not hold ourselves out as partners, affiliates, guarantors, or as having any other type of legal or professional relationship with the third party sponsors.
4.2 Where Ads link to third party websites, we do not warrant the safety, functionality, or suitability of these websites. We are in no way liable for any loss, damage, risk or liability incurred from you visiting any third party websites accessible through Ads.
4.3 Advertised third party websites may be subject to their own terms and conditions. We do not verify or warrant the legality or suitability of those terms and conditions, and we encourage you to read them before accessing or using the linked site.
5 Fees and Payment
5.1 The fee for the Services is defined in Schedule 1 of these Terms and Conditions (Fee). You are required to pay the Fee and any applicable delivery fees, GST and any other applicable fees or charges at the time of processing payment.
5.2 You authorise us or any third-party service provider to debit your account at the relevant financial institution connected with the payment details identified and provided in the User Data for payment of all Fees.
5.3 If we or an affiliated entity arrange for payment of any Fees in whole or part on your behalf, such payment shall be deemed an interest-free loan by us to you (Loaned Fees).
5.4 We may call on you to repay all outstanding amounts of the Loaned Fees owing to us at any time (Outstanding Amounts). All Outstanding Amounts must be repaid within 5 days us calling upon you to repay them.
5.5 Failure to repay Loaned Fees may result in us taking any available enforcement action against you for repayment of the Loaned Fees without further notice.
5.6 We will not be held responsible for any fees and / or charges imposed by a financial institution or any other third party that may be incurred if there are insufficient funds in the account or if the payment fails.
5.7 Membership options are available as outlined in Schedule 1 of these Terms and Conditions. By selecting a membership option on our website, you agree to the terms and conditions associated with that membership tier.
6 Third party payment service
6.1 We use a third party payment service provider to process payments on the Platform. Payments submitted through the third party payment service provider is subject to their terms and conditions.
6.2 We are not liable for any issues, including charges from your financial institution, which may arise as a result of this service.
7 Refunds
7.1 If you believe you are entitled to a refund you can contact us through the contact details stated below. Any request for a refund must include, at a minimum:
(a) Details of the Service that you would like refunded;
(b) The reason why you believe you are entitled to a refund;
(c) Evidence of the defect or damage that warrants a refund.
7.2 We will investigate any request for a refund we receive. We may, at our absolute discretion, offer to arrange an alternative delivery of the service, offer you a credit for the value of the service, or offer a full or partial refund for the service.
7.3 Subject to any rights you may have under Australian Consumer Law, all requests for refunds will be dealt with at our absolute discretion.
7.4 Unless we determine otherwise at our absolute discretion, requests for refunds due to a change of mind will not be considered.
7.5 Notwithstanding any other provision of these Terms and Conditions, we are in no way required to refund any amount.
8 Intellectual Property
8.1 Your use of the Platform or Services is pursuant to a non-exclusive license between you and us which is granted subject to these Terms and Conditions. Nothing in these Terms and Conditions or otherwise creates an assignment of any rights in the Platform or in any aspect of the Services beyond the ability to access it for its intended use.
8.2 Nothing in these Terms and Conditions or otherwise creates the right for you to sublicense the Platform.
8.3 You undertake not to reverse engineer, replicate, or otherwise copy the Platform. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you or any of your affiliates.
8.4 You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, the Services, or any products ordered through the Platform, without our prior express written permission. We claim copyright and all other intellectual property rights over the Platform and content of the Services, our other products and services, and reserve all of our rights.
8.5 All intellectual property and ownership rights subsisting in the Platform (including the user interface and the software comprising the Platform), the data derived from use of the Platform, and any other documentation, information or materials that are supplied by us to you, remain our or our third party licensors’ exclusive property. For the avoidance of doubt, nothing in this agreement assigns any ownership rights to you over any intellectual property or other ownership rights arising out of the Services.
9 Operation of the Platform
9.1 You warrant that you will comply fully with all the Platform operating instructions. Any failure to comply fully with operating instructions may result in the sub-par or faulty performance of the Platform.
9.2 We accept no liability, and you release us from any such liability, associated with faults or errors caused by your non-compliance with all operating instructions.
9.3 We may suspend the Platform for any one or more periods of time if we are unable to provide the Platform due to a fault or dysfunction with our servers.
10 In Person Delivery
10.1 You acknowledge that is your responsibility to ensure that you can attend the venue at the location and time provided at purchase to engage with the In Person Delivery.
10.2 We accept no liability, and you release us from any such liability, associated with faults, injury or errors caused by your non-compliance with instructions during the course of your attendance.
10.3 We may suspend, cancel, or reschedule the In Person Delivery at any time if we are unable to provide the service due to a fault with our operations or the venues unavailability.
11 Modifications
11.1 We reserve the right to modify or discontinue, temporarily or permanently the Platform Services and associated products and services with or without notice.
12 Warranties
12.1 You represent and warrant that we will not be liable for any direct or indirect expense, damage or injury (including indirect loss of revenue, profits, goodwill or business opportunity) howsoever caused, including arising directly or indirectly from or in connection with your use of the Platform or Services.
12.2 Subject to any of the rights you may have under Australian Consumer Protection Law, we exclude to the fullest extent possible all implied terms and warranties, whether statutory or otherwise, relating to the Platform, the Services, or any other matter under these Terms and Conditions.
12.3 The Platform and the Services are made available to you on an “as is” basis. We make no warranties, representations or conditions of any kind, express, statutory or implied as to:
(a) the operation and functionality of the Platform;
(b) the content of the In Person Delivery;
(c) the suitability of the Services;
(d) the accuracy, integrity, completeness, quality, legality, usefulness, safety and IP rights of any of the software content; and/or
(e) the products, content and services associated with the Platform or Services.
12.4 We further disclaim all warranties, express, statutory or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and/or non-infringement. No advice or information, whether oral or written, that you obtain from us shall create any warranty, representation or condition not expressly stated herein.
13 Limitation of liability
13.1 We disclaim all liability for any:
(a) indirect, special, incidental, punitive, exemplary, reliance or consequential damages;
(b) loss of profits;
(c) business interruption;
(d) network interruptions;
(e) loss or damage to reputation of us or any third party;
(f) loss of information or data;
(g) all liability for any loss or damage,
relating to or arising out of your use of the Platform or Services.
13.2 Your use of the Platform or Services is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to, any loss of data or damage to your computer(s) or networks from viruses that may be downloaded to your computer in the course of using the Platform, or any personal injury or otherwise received in attending In Person Delivery. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.
13.3 To the extent you engage In Person Delivery you must follow all rules, guidelines and instructions of us, the venue and any individual providing the service.
13.4 To the extent permitted by law, our maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of (i) the amount paid, if any, by you to us in connection with the Services in the 2 months prior to the action giving rise to liability or (ii) $1.00.
14 Indemnity
14.1 You defend, indemnify and hold harmless us, our members, managers, subsidiaries, affiliates, any related companies, contractors, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of:
(a) Your access to or use of the Platform or Services;
(b) Your violation of this agreement;
(c) Any infringement by you of any intellectual property or other right of any person or entity.
14.2 We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you will cooperate with our defence of these claims. You will not try to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
15 Transfer of rights and obligations
15.1 These Terms and Conditions are binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
16 Force Majeure Events
16.1 We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non- happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks;
(f) Epidemic, pandemic or other health emergency (whether declared or not), including without limitation lockdowns or any other restrictions imposed as a result of the COVID-19 pandemic or any other pandemic or epidemic at any time;
(g) The acts, decrees, legislation, regulations or restrictions of any government;
(h) Cyber-attacks or other similar network related outages;
(i) The unavailability of a suitable venue to host the In Person Delivery;
(j) The unforeseen cancellation of an individual to deliver the service.
16.3 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
17 Your Content
17.1 “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Global Institute of Artificial Intelligence a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
17.2 Your Content must be your own and must not be invading any third-party’s rights. Global Institute of Artificial Intelligence reserves the right to remove any of Your Content from this Website at any time without notice.
18 General
18.1 To the extent permitted by law, we reserve the right to create, collect and / or store any metadata resulting from your use of the Platform. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Platform, for purposes of search engine optimisation and to drive traffic to the Platform. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us.
18.2 We may use third party vendors and hosting partners to provide the necessary venues, personnel, hardware, software, networking, storage, payment gateway and related technology required to run the Platform and provide the Services.
18.3 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our employees, members, representatives, or officers will result in immediate termination of your access to the Platform and Services.
18.4 We do not warrant that:
(a) The Platform or Services will meet your specific requirements;
(b) The Platform or Services will be uninterrupted, timely, secure, or error-free;
(c) Any errors in the Platform or Services will be corrected.
18.5 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and us and govern your use of the Platform and Services, superseding any prior agreements between you and us.
18.6 Any part of these Terms and Conditions that is invalid, prohibited or not enforceable will not void the balance of the Terms and Conditions. All other parts will be enforced without regard to the invalid provision and continue to be valid in accordance with their terms.
18.7 We make no representations or warranties that the content of the Platform or the Services complies with the laws (including intellectual property laws) of any country outside of Australia.
18.8 Any queries about the Terms and Conditions should be sent to us by email at legal@giofai.com.au
18.9 These Terms and Conditions are governed by the laws of Victoria in Australia. Disputes arising from your use of the Platform are exclusively subject to the jurisdiction of the courts of Victoria.
Schedule 1
|
Item Name |
Total Fees |
Payment Term |
|
CTM Non-Learner-Member-3Install |
AU $ 27,999.00 |
3 Equal Monthly Instalments |
|
CTM Non-Learner-Member-FullPay |
AU $ 26,999.00 |
One Time |
|
CTM Learner-Member-3Install |
AU $ 26,999.00 |
3 Equal Monthly Instalments |
|
CTM Learner-Member-FullPay |
AU $ 25,999.00 |
One Time |
|
CST Non-Learner-Member-3Install |
AU $ 15,999.00 |
3 Equal Monthly Instalments |
|
CST Non-Learner-Member-FullPay |
AU $ 14,999.00 |
One Time |
|
CST Learner-Member-3Install |
AU $ 14,999.00 |
3 Equal Monthly Instalments |
|
CST Learner-Member-FullPay |
AU $ 13,999.00 |
One Time |
|
Application Fees |
AU $ 299.00 |
One Time |
|
Free Membership |
$ – |
One Time |
|
Yearly Community Membership |
AU $ 599.00 |
Yearly |
|
Yearly Learner Membership |
AU $ 859.00 |
Yearly |