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Terms and Conditions

SMEC AI is a government-funded AI Adopt Centre helping eligible Australian SMEs adopt AI through free advisory services. These Terms govern your use of smecai.com.au and those services.

Overview of the Agreement

These Terms apply to all visitors and users of smecai.com.au. By accessing or using the site, booking a consultation, calling the AI Information Line, or submitting a form, you agree to these Terms and our Privacy Policy.

Our core advisory services are free for eligible Australian SMEs under the AI Adopt program. Any separate paid offerings are governed by the terms shown on their product pages at the time of purchase or booking.

Acceptance of Terms

By accessing SMECAI.AU, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, we kindly ask that you refrain from using our website or services. Please note that we may update these Terms and Conditions from time to time to reflect changes in our practices or applicable laws. Any significant changes will be communicated to you through notices on our website or via email, ensuring that you stay informed about the rules that govern your use of our services.

Your continued use of SMECAI.AU after any changes signifies your acceptance of the updated terms. We encourage you to periodically review these Terms and Conditions to stay informed about our practices and your rights.

Use of the Website

Eligibility to Use the Site

To access and use SMECAI.AU, you must meet certain eligibility requirements. By using our website, you confirm that you are at least 18 years of age or possess the consent of a parent or guardian to use the site. If you are using the site on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms and Conditions. If you do not meet these eligibility requirements, we kindly ask that you refrain from using our services.

Acceptable Use Policies

At SMECAI.AU, we strive to create a positive and productive environment for all users. To maintain this, we have established acceptable use policies that govern how our website and services may be used. By accessing SMECAI.AU, you agree not to:

  • Engage in Unlawful Activities: You must not use the website for any illegal purposes or in a manner that violates applicable laws and regulations. This includes, but is not limited to, engaging in fraud, hacking, or other unlawful activities.
  • Impersonate Others: You must not impersonate any person or entity, misrepresent your affiliation with a person or entity, or provide false information on the site.
  • Disrupt or Interfere: You may not interfere with or disrupt the security, integrity, or performance of the website or its services. This includes introducing viruses, malware, or any harmful code that could damage or disrupt our systems.
  • Collect or Harvest Data: You must not collect or harvest any personally identifiable information from other users or engage in any automated data collection practices without our express consent.
  • Post Inappropriate Content: You are prohibited from posting, transmitting, or otherwise making available any content that is offensive, defamatory, obscene, abusive, or otherwise objectionable.

Expectations for User Behavior on the Site

As a member of the SMEC AI community, we expect all users to engage with respect and professionalism. Here are some guidelines for expected user behaviour:

  • Be Respectful: Treat all other users with kindness and respect. Engaging in harassment, bullying, or discriminatory behaviour will not be tolerated.
  • Engage Constructively: When participating in discussions or providing feedback, aim to be constructive and helpful. Your insights can contribute to the growth and improvement of the community.
  • Follow Community Guidelines: Adhere to any specific community guidelines or codes of conduct that may be posted on our website or within specific courses. These guidelines are designed to foster a positive learning environment.
  • Report Misconduct: If you witness any behaviour that violates these Terms and Conditions or makes you feel uncomfortable, please report it to us. We take such reports seriously and will investigate accordingly.

Content Ownership

At SMECAI.AU, we are proud of the content and resources we provide to support Small and Medium Businesses (SMEs) in their growth and development. It is essential to clarify the ownership and rights associated with the content available on our website.

1. Ownership of Content

All content featured on SMECAI.AU, including but not limited to text, images, graphics, videos, course materials, logos, and software, is the intellectual property of SMECAI.AU or our content creators, partners, and affiliates. This content is protected by copyright, trademark, and other intellectual property laws. We use your information to operate and enhance our platform, ensuring that our courses and AI products are effective and user-friendly. This includes everything from developing new features to troubleshooting issues that may arise. By analysing your feedback and usage patterns, we continuously strive to improve our offerings and create an exceptional learning experience tailored to your needs.

2. License to Use Content

When you access SMECAI.AU, we grant you a limited, non-exclusive, non-transferable license to use our content for personal, non-commercial purposes. This means you may view, download, and print materials for your own use, provided that you do not modify, distribute, or exploit the content without our express written permission.

3. User-Generated Content

If you contribute any content to SMECAI.AU, such as comments, feedback, or course materials, you retain ownership of that content. However, by submitting content, you grant SMECAI.AU a worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, publish, and distribute your content in any form or media. This license allows us to promote our services and improve our platform based on user contributions.

4. Prohibited Uses

You may not use any content from SMECAI.AU for commercial purposes without obtaining prior written consent from us. This includes reproducing, distributing, or selling our content in any form. Additionally, you may not remove any copyright or other proprietary notices from our materials or create derivative works based on our content without our permission.

5. Respect for Third-Party Content

Some content available on SMECAI.AU may be provided by third parties or contain links to external websites. We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content on our site infringes your copyright or other intellectual property rights, please contact us promptly with the relevant details, and we will take appropriate action.

6. Reporting Infringement

If you believe your intellectual property rights have been violated by content on SMECAI.AU, please contact us at info@smecai.au with a detailed description of the alleged infringement, including your contact information, a description of the work you claim is infringed, and the location of the infringing material on our site.

User Accounts

Requirements for Creating an Account

At SMECAI.AU, we offer users the option to create an account to access our full range of services and features. If you choose to create an account, you must meet the following requirements:

1. Eligibility

You must be at least 18 years old, or if you are younger, you must have the consent of a parent or guardian to create an account. By creating an account, you confirm that you meet this eligibility requirement.

2. Accurate Information

When registering for an account, you agree to provide accurate, current, and complete information. This includes your name, email address, and any other required details. Providing false or misleading information is prohibited and may result in the suspension or termination of your account.

3. Unique Account

Each user must create a unique account. You are responsible for ensuring that your account is not shared with others. If you have multiple accounts for any reason, we may limit your access to certain features or services.

4. Account Registration

You can create an account by completing the registration form on our website. This may involve creating a username and password. Please choose a strong password that is not easily guessable to enhance your account security.

Responsibility for Account Security

Once you have created an account, it is essential to take the necessary steps to protect it:

1. Account Credentials

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. Do not share this information with anyone else, and ensure you choose a password that is difficult for others to guess.

2. Notification of Unauthorized Use

If you suspect that your account has been compromised or if there are any unauthorised uses of your account, you must notify us immediately at info@smecai.au. We will take appropriate action to secure your account and investigate any potential breaches.

3. Account Security Measures

We encourage you to regularly update your password and utilise any available security features on our platform, such as two-factor authentication (if applicable). Taking these precautions will help protect your account from unauthorised access.

4. User Responsibility

You are fully responsible for all activities that occur under your account. SMECAI.AU is not liable for any loss or damage arising from your failure to maintain the security of your account. It is your responsibility to ensure that all activities conducted through your account comply with these Terms and Conditions.

Payment Terms

At SMECAI.AU, we aim to provide you with clear and transparent payment terms to ensure a smooth purchasing experience for our services and products. This section outlines the pricing, accepted payment methods, and your obligations regarding payments.

1. Pricing

The prices for our services and products are clearly displayed on our website. All prices are listed in Australian Dollars (AUD) and are subject to change. We strive to keep our pricing accurate and up to date, but we reserve the right to correct any pricing errors or omissions at any time.

2. Course Fees and Subscription Plans

Fees for courses, consultation services, and subscription plans for products are detailed on their respective pages. Certain courses may have additional fees for certification or materials, which will be disclosed at the time of enrollment. By purchasing a course or service, you agree to pay the stated fees in full.

3. Payment Methods

We offer a variety of secure payment methods for your convenience such as:

  • Credit or Debit Cards: We accept major credit and debit cards, including Visa, Mastercard, and American Express.
  • Payment Processors: We may partner with third-party payment processors to facilitate secure transactions. By using these services, you agree to their terms and conditions, as well as their privacy policies.
  • Bank Transfers: For specific services or larger transactions, we may allow bank transfers. If this option is available, instructions will be provided during the checkout process.

4. Transaction Security

We take the security of your payment information seriously. All transactions are processed through secure servers using industry-standard encryption to protect your data. While we strive to protect your information, we cannot guarantee the security of data transmitted over the internet.

5. Payment Authorization

By providing your payment information, you authorise SMECAI.AU to charge the applicable fees to your selected payment method. You also confirm that you are the authorized user of the payment method being used.

6. Refunds and Cancellations

Our refund and cancellation policy will be outlined on the respective service or course page. In general, we will provide refunds or allow cancellations in accordance with the terms specified at the time of purchase. If you have questions about a specific purchase, please reach out to our support team for clarification.

7. Failure to Pay

If payment is not received or cannot be processed for any reason, we reserve the right to suspend or terminate your access to our services until the outstanding amount is paid in full. This includes any fees associated with late payments.

Liability Limitations

At SMECAI.AU, we strive to provide high-quality services and products to our users. However, it's essential to clarify the limitations of our liability and the disclaimers that apply to the use of our website and services. By using SMECAI.AU, you agree to the following terms regarding liability:

Disclaimer of Warranties

1. No Warranty on Services

SMECAI.AU provides its services on an “as-is” and “as-available” basis. While we make every effort to ensure that our services are reliable, accurate, and up-to-date, we cannot guarantee that they will always be free of errors or interruptions. We disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

2. Content Accuracy

While we strive to provide accurate and timely information, SMECAI.AU does not warrant that the content on our site, including courses, materials, or resources, is complete, accurate, or current. Users are encouraged to verify any information before relying on it for their business decisions.

3. Third-Party Content

SMECAI.AU may include links to third-party websites or content that is not controlled by us. We do not endorse or assume any responsibility for the content, privacy policies, or practices of these third-party sites. Accessing such sites is done at your own risk, and we recommend reviewing their terms and conditions.

Limitation of Liability for Damages

1. Exclusion of Liability

To the fullest extent permitted by law, SMECAI.AU, its affiliates, employees, agents, and partners shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of, or inability to use, our website or services. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages.

2. Cumulative Liability

In the event that our liability cannot be excluded, you agree that our total liability to you for any claims arising out of or related to your use of SMECAI.AU shall be limited to the amount paid by you for the specific service or product that gave rise to the claim, to a maximum of AUD 100. This limitation applies regardless of the nature of the claim, whether based on contract, tort (including negligence), or any other legal theory.

3. Indemnification

You agree to indemnify, defend, and hold harmless SMECAI.AU, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with your use of our website, your violation of these Terms and Conditions, or your infringement of any rights of another party.

Affiliate Disclosure

1. Affiliate payments

SMECAI.AU may receive compensation for recommendations for products or services made to you.

2. Independence

At SMECAI.AU we strive to provide independent and appropriate recommendations for products or services. Whether a third-party provides compensation does not impact our recommendation.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia. Any disputes arising from or relating to these terms or your use of SMECAI.AU shall be subject to the exclusive jurisdiction of the courts located within the country. By using our website, you consent to the jurisdiction and venue of such courts for the resolution of any disputes.

Changes to Terms

At SMECAI.AU, we reserve the right to update or modify these Terms and Conditions at any time. We understand that changes may be necessary to reflect new practices or comply with legal requirements. When we make significant changes to these terms, we will notify you in the following ways:

Website Notices

We will post a prominent notice on our website to inform users about the changes. This notice will highlight the nature of the changes and provide a link to the updated terms.

Email Notifications

If you have provided us with your email address, we may send you an email detailing the changes. This ensures that you receive direct communication regarding any updates that may impact your rights or obligations.

Effective Date

The revised Terms and Conditions will be effective immediately upon posting on our website, unless otherwise specified. We encourage you to review the terms periodically to stay informed about any changes.

Your continued use of SMECAI.AU following the posting of any changes constitutes your acceptance of the updated Terms and Conditions. If you do not agree with the revised terms, we kindly ask that you discontinue your use of the website and its services.

Contact Information

If you have any questions, concerns, or feedback regarding these Terms and Conditions, we encourage you to reach out to us. We're here to help! For inquiries related to these terms, please email us at info@smecai.au. We aim to respond to all messages promptly and address any concerns you may have.