Buyers Agent Institute Pty Ltd ABN 81621362016 – (www.buyersagentinstitute.com.au)
Effective 30 October 2022
BAI Accelerator Program Terms of Service
Welcome to Buyers Agent Institute! Buyers Agent Institute is a business that is owned and operated by BuyersAgentInstitute Pty Ltd (ABN 81 621 362 016) of Australia (Buyers Agent Institute, we, our, us).
- Our agreement with you
1.1 You may only enrol in a BAI Accelerator Program if you: (a) are at least 18 years of age; (b) have read and agree to the Program Inclusions; (c ) agree to the Fees and Payment Terms; and (d) agree to be legally bound by and accept these BAI Accelerator Program Terms of Service (Terms of Service).
1.2 When you enrol in a BAI Accelerator Program, you enter into a legally binding contract with us (Enrolment) comprising:
(a) the Program Inclusions;
(b) the Fees and Payment Terms; and
(c ) these Terms of Service.
1.3 If you do not agree to the Program Inclusions, Fees and Payment Terms and/or these Terms of Service, you must not, and cannot, enrol in a BAI Accelerator Program, nor access or use BAI Training Services or BAI Program Content.
1.4 Each different BAI Accelerator Program has different Program Inclusions. You can find the Program Inclusions on the BAI Online Platform here.
1.5 The Fees and Payment Terms are available from us on request. You can request the Fees and Payment Terms by completing our Enquiry Form.
1.6 If you enrol in a BAI Accelerator Program, we will confirm the Program Inclusions and Fees and Payment Terms at the time of enrolment and then again by email to your nominated email address promptly after you have enrolled.
- About our BAI Accelerator Programs
2.1 Our BAI Accelerator Programs are designed to teach people enrolled in them how to become property buyer’s agents (BAI Training Services).
2.2 BAI Training Services are delivered via the BAI Online Platform.
2.3 Each BAI Accelerator Program includes access to audio-visual content that we make available via the BAI Online Platform and training and mentorship that we provide during online meetings or sessions (such as via Zoom) (BAI Program Content).
2.4 We do not make any representation that you will be successful as a buyer’s agent or as an operator or owner of a buyer’s agent business by enrolling in a BAI Accelerator Program or by using BAI Training Services or accessing BAI Program Content.
2.5 You acknowledge that:
(a) actual results as a buyer’s agent will depend on a range of factors, including your experience, work-ethic, abilities, network and the real estate market at relevant times;
(b) no representation has been made by us as to the future income, expenses, sales volume or potential profitability that may be derived from your participation in any BAI Accelerator Program;
(c ) prior to deciding to become a property buyer’s agent you must independently consider all relevant legal, financial, business and commercial issues that are associated with such a decision; and
(d) you must not bring any claim against us associated with your decision to become a buyer’s agent or in respect of any of the matters referred to in paragraphs (a) – (c ).
- Your obligations
3.1 If you enrol in a BAI Accelerator Program you must comply with this clause 3.
3.2 Apply Yourself: You must apply yourself during any BAI Accelerator Programs that you enrol in.
3.3 Learn: You must read all reading materials, watch all online educational videos and view all other BAI Program Content for the BAI Accelerator Program. Some BAI Program Content may be interactive – you must apply yourself to all BAI Program Content.
3.4 Attend BAI Training and Mentoring Sessions: You are expected to attend all scheduled training and mentoring sessions in accordance with the BAI Accelerator Program or watch their recordings where you are unable to attend such sessions.
3.5 Be respectful of one another: You must not behave in an antisocial or disruptive manner towards any staff of Buyers Agent Institute or other students in a BAI Accelerator Program. If you engage in antisocial or disruptive behaviour, you may be asked to leave a BAI Accelerator Program, and we reserve the right to cancel your Enrolment if the behaviour persists.
3.6 Non-solicitation: You will not employ or engage, or attempt to employ or engage, any of our staff to provide any educational, training or professional development services to you independently of Buyers Agent Institute who were involved in any way in the delivery of a BAI Accelerator Program or any BAI Training Services to you.
3.7 Protect your User Account: You must not share the username or password for your User Account with any person.
3.8 No Recording: You cannot record any mentoring or training sessions or other content delivered via the BAI Online Platform.
3.9 Protect our Intellectual Property: You will not copy, distribute, upload to any digital source, upload to the public domain, sell in any capacity, share or disclose, any BAI Program Content to anyone.
3.10 Comply with Applicable Law: You must comply with Applicable Law at all relevant times.
- Fees and Payment Terms
4.1 Our Fees for each BAI Accelerator Program are specified and payable in Australian dollars and include all applicable goods and services tax (GST).
4.2 All Fees are payable in advance in full prior to the commencement of each BAI Accelerator Program.
4.3 If you enrol in a BAI Accelerator Program, you will not be given access to the BAI Online Platform until you have paid the Fees in accordance with the Payment Terms.
4.4 Please note that we may amend our Fees and Payment Terms from time to time. Any changes to our Fees and Payment Terms will not apply to any then existing Enrolments.
- Cancellations and refunds
5.1 If for any reason you are unsatisfied with a BAI Accelerator Program or the BAI Training Services, you can cancel your Enrolment at any time.
5.2 You are not entitled to any refund of any Fees paid for a BAI Accelerator Program (including where you cancel your Enrolment), unless such refund must be provided under non-excludable Applicable Law.
- The BAI Online Platform
6.1 If you enroll in a BAI Accelerator Program, you will have non-exclusive, non-transferable, non-sublicensable access to BAI Program Content via the BAI Online Platform and BAI Training Services that we make available to you as part of the BAI Accelerator Program.
6.2 You must not, and you must not permit any person or entity to:
(a) copy, alter, modify, tamper with, create derivative works from, reproduce, resell, transfer to a third party, reverse assemble, reverse engineer, reverse compile or enhance the BAI Online Platform, BAI Program Content or any trade marks, any patent or copyright notices, or any confidentiality legend or notice, or other means of identification, used on or in relation to the BAI Online Platform;
(b) access the Source Code underlying the BAI Online Platform;
(c ) remove, interfere with, bypass and/or circumvent any security or technical protection measures in the BAI Online Platform;
(d) use the BAI Online Platform in any manner that breaches Applicable Law or violates any legal rights of any person in any jurisdiction (including any person’s privacy, such as by way of identity theft);
(e) license, sublicense, resell, assign, transfer, distribute, or provide others with access to, the BAI Online Platform, BAI Training Services or BAI Program Content;
(f) record or download audio-visual, text or other content that we make available to you via the BAI Online Platform;
(g) “frame”, “mirror” or serve any part of, or content in, the BAI Online Platform on any web server or other computer server over the Internet or any other network;
(h) store, transmit, distribute or introduce malicious programs into our systems, network or servers (e.g., viruses, worms, trojan horses, e-mail bombs);
(i) carry out security breaches or disruptions of network communication (security breaches include accessing data in respect of which you are not an intended recipient, logging into a server or account that you are not expressly authorized to access, corrupting any data, network sniffing, pinged floods, denial of service and forged routing information for malicious purposes);
(j) execute any form of network monitoring that will intercept data not intended for you;
(k) circumvent any user authentication or security features on the BAI Online Platform;
(l) interfere with or deny service to anyone; or
(m) use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the BAI Online Platform.
- Intellectual Property Rights
7.1 As between you and us, we own all Intellectual Property Rights in the BAI Online Platform, BAI Training Services and BAI Program Content.
7.2 All Intellectual Property Rights in any comments that you disclose to us in connection with the BAI Online Platform, a BAI Accelerator Program, BAI Training Services or BAI Program Content, and requests for new professional BAI Accelerator Program content, services or materials (each, an Improvement Suggestion) become our sole and exclusive property immediately upon you disclosing the Improvement Suggestion to us. You hereby assign all Intellectual Property Rights in all and any Improvement Suggestions to us effective immediately upon their disclosure to us.
7.3 You irrevocably consent to the infringement by us and any third party we authorize of all Moral Rights that you may have in any Improvement Suggestions.
7.4 You must not, and you must not permit any person or entity to, take any step to invalidate or prejudice our (or our licensors’) Intellectual Property Rights.
- What can happen if you don’t adhere to these Terms of Service
8.1 If you don’t adhere to these Terms of Service, we reserve the right to terminate your Enrolment and/or your User Account at our sole discretion. Before doing so, we may discuss the matter with you and, where reasonable, give you an opportunity to remedy your breach.
8.2 Termination of your Enrolment or User Account does not affect your or our accrued rights.
9.1 Except to the extent such loss cannot be excluded under non-excludable Applicable Law, neither party is liable to the other party for any loss of profits, loss of business opportunity, loss of revenue (other than caused by your failure to pay the Fees) or loss of savings, whether arising in contract, tort (including negligence) or otherwise, and whether the loss or damage is foreseeable or not.
9.2 Except to the extent such loss cannot be excluded under non-excludable Applicable Law, a party’s aggregate liability for all claims for loss or damage that the other party may incur in respect of or in connection with your Enrolment, that is not otherwise excluded by these Terms of Service, is capped at an amount equivalent to the quantum of the Fees paid or payable by you.
9.3 Where liability for breach of any guarantees under the Australian Consumer Law can be limited, our liability arising from any breach of those guarantees (if any) is limited, at our option: (i) with respect to the supply of goods, to the replacement or repair of the goods or the cost of resupply or replacement of the goods; and/or (ii) with respect to services, to the supply of the services again or the cost of re-supplying the services again.
9.4 Other than any non-excludable guarantees implied into your Enrolment under the Australian Consumer Law and other non-excludable Applicable Law, all conditions, warranties and guarantees that would be implied in your Enrolment are hereby excluded.
10.2 Email / SMS: We consent to us sending electronic mail and SMS to you about your Enrolment or a BAI Accelerator Program that we think you might be interested in. You may opt out of all such communications or withdraw your consent using the unsubscribe link or by notifying us via our Enquiry Form.
10.3 Testimonials: By enrolling in a BAI Accelerator Program, you consent to our use of your name and a description of your experience with the BAI Accelerator Program in our promotional and marketing materials (including, on the BAI Online Platform).
10.4 Severance: If any part of these Terms of Service is held to be unenforceable or invalid in any jurisdiction, it will be severed from these Terms of Service, and the remaining provisions (and, where part of a provision is severed, the remaining part of the provision) of these Terms of Service will remain valid and enforceable.
10.5 Notice: You may issue notices to us by submitting our Enquiry Form. We may notify you using any contact details that you have provided to us.
10.6 Jurisdiction & Applicable Law: These Terms of Service will be interpreted in accordance with the laws in force in New South Wales. You and we irrevocably submit to the non-exclusive jurisdiction of the courts situated in New South Wales with respect to any dispute concerning these Terms of Service or your Enrolment.
10.7 Entire Agreement: The components of an Enrollment set out in clause 2 constitute the entire agreement between you and us regarding the Enrolment and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing in connection with the Enrolment.
In this Agreement:
Applicable Law means any applicable legislation, regulation, rule of the general law in Australia or other applicable jurisdiction, including common law and equity, judicial order or consent or requisition from, by or with any governmental agency.
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
BAI Accelerator Program means a program for the provision of BAI Training Services comprising the Program Inclusions.
BAI Online Platform means www.buyersagentinstitute.com.au.
BAI Program Content has the meaning given in clause 2.3.
BAI Training Services has the meaning given in clause 2.1.
Enrolment has the meaning given in clause 1.1.
Fees means the fees that we specify to you for a BAI Accelerator Program at the time you enrol into it.
Improvement Suggestion has the meaning given in clause 7.2.
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the Convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
Payment Terms means the payment terms that we specify to you for payment of the Fees for a BAI Accelerator Program at the time you enrol into it.
Program Inclusions means the features of a BAI Accelerator Program, as described in a document entitled ‘Buyer’s Agent Institute Course Outline’ made available by us to you prior to you enrolling in a BAI Accelerator Program.
Source Code means software code expressed in human readable form.
User Account means an account on the BAI Online Platform that we activate for you when you enrol in a BAI Accelerator Program.
In these Terms of Service:
(a) Headings and underlining’s do not affect the construction of these Terms of Service.
(b) A provision of of these Terms of Service will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision or because the party’s legal representative prepared the provision.
(c ) Currency refers to Australian dollars unless specified otherwise.
(d) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, a government body, a government department, and any other legal entity.
(e) The words “includes”, “including”, and similar expressions are not words of limitation.