Terms and conditions of use

About this website

• Welcome to evolveailabs.com (Website). The Website is AI engineering (Services).
• The Website is operated by Evolve AI Labs Pty Ltd (ACN 666880431).
• Access to and use of the Website, or any of its associated Products or Services, is provided by Evolve AI Labs Pty Ltd.
• Please read these terms and conditions (Terms) carefully.
• By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms.
• If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
• Evolve AI Labs Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion.
  • When Evolve AI Labs Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates.
  • Any changes to the Terms take immediate effect from the date of their publication.
  • Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

• You accept the Terms by remaining on the Website.
• You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available by Evolve AI Labs Pty Ltd in the user interface.

Registration to use the Services

• To access the Services, you must first register for an account (Account).
• As part of registration, you may be required to provide personal information such as:
• Email address
• Telephone number
• You warrant that all information provided is accurate, correct and up to date.
• Once registered, you become a Member and agree to the Terms.
• You may not use the Services or accept the Terms if:
  • You are not of legal age to form a binding contract with Evolve AI Labs Pty Ltd, or
  • You are barred from receiving the Services under the laws of Australia or other countries.

Your obligations as a Member

You agree to:

• Use the Services only for purposes permitted by the Terms and applicable law.
• Protect the confidentiality of your password and/or email address.
• Notify Evolve AI Labs Pty Ltd of any unauthorised use or breach of security.
• Use the Website for your sole purpose as provided by Evolve AI Labs Pty Ltd.
• Not use the Services for commercial endeavours not approved by management.
• Not use the Services for illegal or unauthorised purposes, including:
  • Collecting email addresses of Members for unsolicited email
  • Unauthorised framing or linking

• Accept that commercial ads, affiliate links or solicitations may be removed without notice.
• Acknowledge that automated use of the Website or its Services is prohibited.

Payment

• All payments are made using None.
• By using the Services or making payments, you agree to the None terms and conditions.
• If a payment request is returned or denied, you are liable for costs including banking fees.
• Evolve AI Labs Pty Ltd may vary the Services Fee at any time.

Refund Policy

• Refunds are provided only if:
  • Evolve AI Labs Pty Ltd cannot continue to provide the Services, or
  • The manager of Evolve AI Labs Pty Ltd decides it is reasonable under the circumstances.
• Consumer rights under Australian Consumer Law may also apply.

Copyright and Intellectual Property

• The Website, Services and related products are subject to copyright.
• Rights are owned or controlled by Evolve AI Labs Pty Ltd or its contributors.
• Trademarks, service marks and trade names are owned, registered and/or licensed by Evolve AI Labs Pty Ltd.
• You are granted a worldwide, non-exclusive, royalty-free, revocable license to:
  • Use the Website pursuant to the Terms.
  • Copy and store material in your device cache.
  • Print pages for personal, non-commercial use.
• No other rights are granted. All others are reserved.
• Nothing transfers ownership of:
  • Business name, trading name, domain name, trademark, patent, design, or copyright.
• You may not, without written permission:
  • Broadcast, republish, upload, transmit, post, distribute, adapt or change the Services or third party Services.
• Exception: materials on the Website that are public domain or free to reuse.

Privacy

• Your information is subject to Evolve AI Labs Pty Ltd's Privacy Policy, available on the Website.

General Disclaimer

• Nothing in the Terms limits or excludes rights under Australian Consumer Law.
• Subject to this:
  • All non-stated terms, warranties and conditions are excluded.
  • Evolve AI Labs Pty Ltd is not liable for special, indirect or consequential loss (unless reasonably foreseeable).
• Use of the Website and Services is at your own risk.
• Provided "as is" and "as available".
• No warranties are made by affiliates, directors, employees, agents, contributors or licensors.
• Examples of possible issues include:
  • Errors, defects, delays, viruses, data loss, unauthorised access
  • Accuracy or currency of information
  • Costs incurred from use
  • Links provided for convenience

Limitation of liability

• Evolve AI Labs Pty Ltd's total liability is limited to resupply of the Services.
• Evolve AI Labs Pty Ltd and affiliates are not liable for:
  • Direct, indirect, incidental or consequential damages
  • Loss of profit, goodwill, business reputation, or intangible losses

Competitors

• Competitors are not permitted to use or access the Website or Services.
• If breached, Evolve AI Labs Pty Ltd may hold you responsible for losses and profits made.

Termination of Contract

• Terms apply until terminated by you or Evolve AI Labs Pty Ltd.
• You may terminate by:
  • Giving 14 days' notice
  • Closing accounts (if available)
• Evolve AI Labs Pty Ltd may terminate if:
  • You breach Terms
  • Required by law
  • Services are no longer commercially viable
• Membership may be cancelled or access suspended without notice for breaches or conduct impacting Evolve AI Labs Pty Ltd's name or rights of others.

Indemnity

• You agree to indemnify Evolve AI Labs Pty Ltd and affiliates against:
  • Claims or liabilities arising from your content
  • Consequences of your access, use or transactions
  • Any breach of the Terms

Dispute Resolution

• Compulsory: No Tribunal or Court proceedings unless clauses are followed.
• Notice: Written notice must be given stating dispute details, desired outcome, and required action.
• Resolution:
  • Within 28 days, parties must try to resolve by negotiation or agreed means.
  • If unresolved, mediator must be appointed (Australian Mediation Association if not agreed).
  • Parties share mediator fees and venue costs; each pays their own legal costs.
  • Mediation held in Sydney, Australia.
• Confidential: All negotiations are confidential and without prejudice.
• Termination of Mediation: If 2 months elapse without resolution, either party may request mediation termination.

Venue and Jurisdiction

• Services are intended for residents of Australia.
• Any dispute shall be resolved in courts of New South Wales, Australia.

Governing Law

• Governed by laws of New South Wales, Australia.
• Disputes to be governed and construed accordingly.
• Terms are binding on parties and successors.

Severance

• If any part is void or unenforceable, the rest of the Terms remain in force.