Terms & Conditions

Terms of Use

AI Growth Academy
ABN: 17690402996

Last Updated: January 2026

Please read these Terms of Use carefully before using AI Growth Academy’s website, services, or training programs. By booking or attending any training, you agree to be bound by these terms.

1. Definitions

“Public Training” refers to our publicly advertised courses (e.g., AI Marketing Accelerator) where individual participants register and pay for their own attendance.

“Enterprise Training” refers to customised training, workshops, or consulting services delivered to organisations for their teams, including bespoke content development.

“Materials” refers to all training content, methodologies, frameworks, slides, resources, recordings, and documentation created or provided by AI Growth Academy.

“We”, “us”, “our” refers to AI Growth Academy (Catherine & Stephen Toms).

“You”, “your” refers to the individual participant (for Public Training) or the organisation (for Enterprise Training).

2. Confidentiality and Non-Disclosure

2.1 Mutual Obligations

Both parties agree to maintain confidentiality of any proprietary or sensitive information shared during our work together, including:

Business plans, strategies, and methodologies
Technology, frameworks, and processes
Commercial terms and pricing
Internal business information and proprietary data

Neither party shall use or disclose such information for personal gain or to benefit a third party without express written permission from the other party.

2.2 Our Commitment

AI Growth Academy will never disclose or misuse any proprietary or confidential information you share during our work together. We do not share client information, case studies, or examples without explicit written consent.

2.3 Enterprise Training

For enterprise clients, we will sign separate Non-Disclosure Agreements (NDAs) upon request to protect your specific commercial interests, particularly where we’re working with your customer data, internal strategies, or proprietary information.

3. Intellectual Property and Usage Rights

3.1 Ownership

All Materials created by AI Growth Academy remain our sole and exclusive property. This includes but is not limited to:

Training frameworks, methodologies, processes, and workflows
Course content, slides, and resources
Custom-developed materials for your organisation
Recordings, notes, and documentation
Templates, prompts, and prompt packs

3.2 Limited Licence for Public Training

If you attend Public Training, you receive a personal, non-transferable, non-exclusive licence to:

Use the methodologies and frameworks in your own work
Keep notes and reference materials for personal use
Apply what you’ve learned within your team and/or organisation

You may not:

Reproduce, copy, or redistribute the Materials
Use Materials to deliver training to others
Sell, licence, or commercialise our Materials or methodologies
Modify or create derivative works from the Materials

3.3 Limited Licence for Enterprise Training

If you purchase Enterprise Training, you receive a limited, non-exclusive, internal-use-only licence to:

Use Materials with participants who attended the specific training session
Apply methodologies and frameworks across your organisation
Reference Materials for internal use only

You may not:

Reproduce or redistribute Materials to other teams, departments, or external parties without written consent
Use Materials for wider organisational rollout across divisions, subsidiaries, or partner organisations without a separate licence
Modify the Materials or create derivative works
Sell, licence, or commercialise our Materials or methodologies
Use Materials to deliver your own training programmes

3.4 Expanded Usage Rights

If you need to use Materials more broadly (e.g., across multiple departments, for ongoing training programs, train-the-trainer, or with partner organisations), we can arrange:

Extended licensing agreements
Train-the-trainer programmes with certification
Strategic partnership arrangements with modified usage rights
Organisation-wide rollout licences

These will be documented separately in writing with appropriate licensing fees.

3.5 Enforcement

We reserve the right to take legal action for unauthorised use, copying, or redistribution of our Materials. You agree to indemnify us for any losses arising from your breach of these intellectual property provisions.

4. Privacy and Data Handling

4.1 Personal Information and Legal Compliance

We collect and handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

For participants located in the European Union or United Kingdom, we also comply with the EU General Data Protection Regulation (GDPR) and UK GDPR.

For all participants, we maintain a comprehensive Privacy Policy available at www.aigrowthacademy.com.au/privacy-policy which provides full details of how we collect, use, store, and protect your personal information.

Personal information we collect includes:

Names, emails, and contact details for registration and communication
Payment information (processed securely through third-party payment providers)
Feedback, assessment responses, and training participation records
Professional information relevant to training customisation
Location data (country/region) for compliance purposes

We use this information solely for:

Delivering training and related communications
Providing session materials, updates, and follow-up content
Improving our services and programme design
Meeting our legal and regulatory obligations

We will not share your personal information with third parties without explicit consent, except where required by law or necessary to deliver the training (e.g., sharing with payment processors, video conferencing platforms, or co-delivery partners).

4.2 Photos, Videos, and Recordings

During training sessions, we may:

Take photos or videos for promotional purposes, quality assurance, or training improvement
Record sessions to provide to participants who attended or for quality assurance

For Public Training:
By registering, you consent to being photographed or recorded during training sessions. You may opt out by notifying us in writing before the session begins. We will make reasonable efforts to exclude you from photographs and recordings.

For Enterprise Training:
We will seek explicit written consent before photographing, filming, or publicly sharing any materials that identify your organisation or participants. Internal recordings for quality assurance or participant reference may be made unless you notify us otherwise in writing before the session.

4.3 Case Studies and Testimonials

We may use anonymised examples, case studies, or feedback in promotional materials, conference presentations, or thought leadership content. We will not use identifying information (organisation name, participant names, or identifiable details) without obtaining specific written consent from you.

4.4 Data Retention

We retain personal information for as long as necessary to deliver services and meet legal obligations (typically 7 years for financial records as required by Australian taxation law, and 2-3 years for participant training records).

You may request deletion of your personal information, subject to our record-keeping requirements under Australian law. For EU/UK participants, this includes your “right to be forgotten” under GDPR, subject to legitimate legal exceptions.

4.5 Your Rights

You may request access to, correction of, or deletion of your personal information at any time by contacting us at catherine@aigrowthacademy.com.au.

We will respond to all requests within a reasonable timeframe in accordance with applicable privacy laws (typically within 30 days).

For full details of your privacy rights and our data handling practices, please see our Privacy Policy at www.aigrowthacademy.com.au/privacy-policy.

5. PUBLIC TRAINING: Booking, Payment, and Cancellations

5.1 Registration and Payment

Full payment is required at the time of registration to secure your place
Places are confirmed only upon receipt of payment
Prices are in Australian Dollars (AUD) unless otherwise stated
Payment is processed through secure third-party payment providers (Stripe, PayPal, or bank transfer)
You will receive confirmation of booking via email within 2 business days

5.2 Your Cancellation or Inability to Attend

More than 7 days before the course starts:

You may transfer to a future cohort of the same course (subject to availability within 12 months)
You may nominate a substitute participant to attend in your place with written notice
No refunds will be provided, but credit can be held for up to 12 months from original booking date
Credit is non-transferable and may only be used by you or your nominated substitute

Less than 7 days before the course starts:

No refunds or credits will be issued
You may nominate a substitute participant with written notice at least 48 hours before the session

After the course has started:

No refunds, transfers, substitutions, or credits
Missed sessions may be made up or attended in future cohorts subject to our agreement and availability

5.3 Our Right to Cancel or Reschedule

We reserve the right to cancel or reschedule Public Training if:

Unforeseen circumstances prevent delivery (e.g., instructor illness, technical failure beyond our control, force majeure events)
Circumstances arise that make delivery impractical or impossible

Notice and Remedies:
If we cancel a course, you will receive your choice of:

Full refund of fees paid, OR
Transfer to the next available cohort of the same program, OR
Credit for any other AI Growth Academy training of equivalent or lesser value within 12 months

Limitations:
We are not liable for any additional costs you incur as a result of cancellation, including but not limited to travel expenses, accommodation, time off work, or consequential losses.

5.4 Course Format and Delivery

All courses are delivered live in real-time (in-person or online via Zoom), or as pre-recorded, on-demand, or self-paced versions
Schedules, session times, and locations are published on our website and in booking confirmations
You are responsible for ensuring you have the necessary technology (computer, reliable internet connection, compatible browser) and internet connectivity
Technical requirements will be specified in pre-course communications

5.5 Course Materials and Access

Materials will be provided digitally via email and hosted in our learning platform
Access to recordings (where applicable) is time-limited as specified in course details
Materials remain subject to intellectual property restrictions in Section 3

5.6 Participant Conduct

We reserve the right to remove participants from training sessions or revoke access to course materials for disruptive, aggressive, abusive, or discriminatory behaviour, or for failure to comply with facilitator instructions.

Consequences of removal:

No refunds, transfers, or credits will be issued
You may be barred from future AI Growth Academy training at our discretion

For Enterprise Training, participant conduct matters are managed by the client organisation.

6. ENTERPRISE TRAINING: Booking, Payment, and Cancellations

6.1 Booking Process

Enterprise Training is confirmed upon:

Written agreement of scope, objectives, dates, deliverables, and pricing
Receipt of signed booking confirmation, proposal acceptance, or contract
Payment in accordance with agreed terms

6.2 Payment Terms

Standard Payment:

Full payment is required upon booking confirmation unless otherwise agreed in writing
Payment terms are typically net 14 days from invoice date

Phased Payment Plans:

Available for larger projects, ongoing programs, strategic partnerships, or where budget cycles require it
Can be structured to align with your financial year or budget cycles (e.g., “invoice now, deliver later” arrangements)
Must be agreed in writing with clear payment schedules, milestones, and due dates
Missed payments may result in suspension of services or cancellation of scheduled training sessions
Outstanding amounts remain payable in full

Content Development and Workshop Design:

Fees for custom content development, needs analysis, and workshop design are non-refundable and must be paid in full
These costs cover preparation work that begins immediately upon booking confirmation
Payable in full even if the workshop is subsequently cancelled or rescheduled

6.3 Rescheduling

With at least 14 days’ notice:

You may reschedule training sessions to alternative dates
The rescheduled session must be delivered within 12 months of the original booking date
A credit will be issued for the workshop delivery fee to be applied to the rescheduled session
Content development fees remain payable and are non-refundable
Rescheduling is subject to instructor availability

Less than 14 days’ notice:

The full workshop delivery fee remains payable
Rescheduling fees may apply (typically 25% of the workshop delivery fee) to cover committed costs
Rescheduling is subject to instructor availability and may not be possible at short notice
Content development fees are non-refundable and non-transferable

6.4 Cancellations

Your Cancellation:

Content development and custom design fees are non-refundable once work has commenced
With 14+ days’ notice, credits may be issued for use within 12 months at our discretion
All fees remain payable regardless of cancellation timing if work has been completed

Our Cancellation:

We will provide as much notice as reasonably possible (typically 14+ days except in emergencies)
You will receive either:
- Rescheduling at no additional cost (subject to mutual agreement on dates)
- OR Full refund
- We are not liable for any consequential costs you incur (e.g., venue hire, participant time, opportunity costs)

6.5 Participant Substitutions

You may substitute participants at any time by providing written notice before the session. Substitute participants must be from your organisation and fall within the licence granted in Section 3.3.

6.6 Venue and Technology Requirements

For training at your location, you must provide:

Appropriate training room with adequate capacity, seating, and climate control
Projection equipment (screen and projector or large display) capable of displaying presentation materials
Reliable, high-speed internet connection with sufficient bandwidth for all participants
Power outlets and any other technical requirements reasonably requested
Access to required systems (e.g., Microsoft Copilot, internal platforms) for hands-on exercises
On-site technical support contact for troubleshooting

6.7 Insurance

AI Growth Academy maintains appropriate insurance coverage:

Public Liability Insurance: $20,000,000 AUD
Professional Indemnity Insurance: $5,000,000 AUD

Certificates of currency are available upon request and can be provided for your vendor management or procurement processes.

7. Technology Platforms and Downtime

7.1 Third-Party Platforms

We use third-party platforms including Zoom, Google Workspace, Microsoft Teams, and other online tools to deliver virtual training and support collaboration. While we make every reasonable effort to ensure reliable delivery, we are not responsible for the performance, availability, functionality, or downtime of these third-party platforms.

7.2 Technical Interruptions

If a session is interrupted or cannot proceed due to technical issues with third-party platforms beyond our reasonable control:

We will make reasonable efforts to restore service or switch to alternative platforms
We will reschedule the affected session at no additional cost to you
We will provide alternative delivery methods where reasonably possible (e.g., dial-in options, alternative platforms)

7.3 Your Technology Responsibilities

You are responsible for:

Ensuring you have the necessary technology and equipment (computer, webcam, microphone, compatible browser)
Maintaining a reliable, high-speed internet connection adequate for video conferencing
Ensuring participants have necessary access permissions to join virtual sessions
Providing required access to internal systems for hands-on exercises (e.g., Microsoft Copilot, CRM systems)

We will provide guidance on platform access and basic troubleshooting, but are not responsible for resolving technical issues with your internal systems, network, or devices.

7.4 No Liability for Platform Issues

We are not liable for any losses, costs, damages, or delays arising from technology platform issues beyond our reasonable control, internet connectivity problems, your internal IT systems, firewalls, access restrictions, or third-party service outages.

8. AI Tools and Third-Party Services

8.1 Optional AI Tools

During training, we may recommend, demonstrate, or provide access to third-party AI tools and platforms (including but not limited to Microsoft Copilot, ChatGPT, Claude, Gemini, Perplexity, Jasper, or other generative AI and martech tools) over which we have no ownership, control, or monitoring capability.

8.2 “As Is” Basis and Disclaimers

Access to, or recommendations regarding, third-party AI tools is provided “as is” and “as available” without any warranties, representations, conditions, or endorsement from AI Growth Academy.

We make no representations regarding:

The accuracy, reliability, or suitability of outputs generated by AI tools
The ongoing availability or pricing of third-party tools
The security, privacy, or data handling practices of third-party providers
Compliance of third-party tools with your industry regulations or internal policies

8.3 Your Responsibility and Risk

Your use of AI tools (during or after training) is entirely at your own risk. You are responsible for:

Reviewing and accepting the terms of service, privacy policies, and data handling practices of any third-party tool you choose to use
Ensuring compliance with your organisation’s policies, industry regulations, and legal obligations
Not uploading confidential, sensitive, personal, proprietary, or regulated information into AI tools unless you have:
- Verified the tool’s data handling, retention, and privacy policies
- Confirmed compliance with relevant regulations (e.g., Privacy Act, GDPR, industry-specific requirements)
- Obtained necessary approvals from your organisation’s legal, compliance, or IT teams
Verifying the accuracy and appropriateness of AI-generated outputs before use
Ensuring any commercial use of AI tools complies with licensing terms
Managing risks associated with AI-generated content (e.g., hallucinations, bias, copyright issues)

We have no liability for:

How third-party tools process, store, use, or retain your data or outputs
Decisions made based on AI-generated content
Errors, inaccuracies, or harmful outputs from AI tools
Compliance failures arising from your use of AI tools
Losses arising from data breaches or misuse by third-party providers

8.4 Tool Neutrality and Recommendations

AI Growth Academy maintains complete independence from AI tool vendors. We receive no commissions, partnership fees, referral fees, or any other financial incentives from AI platform providers.

Our recommendations are based solely on:

Best practice for your specific business needs and use cases
Tool functionality, features, and suitability for your context
Current market performance, reliability, and user feedback
Ease of use and learning curve for your team

We are committed to providing unbiased, vendor-neutral advice that serves your interests. Where you have preferred tools or existing platform investments, we adapt our training accordingly whilst maintaining our commitment to best-practice guidance.

8.5 Data Usage During Training

For exercises involving AI tools:

We strongly recommend using dummy data, anonymised examples, sample datasets, or publicly available information during training exercises.

Do not enter confidential, sensitive, customer data, personal information, or proprietary information into AI tools during training unless you have:

Verified and approved the tool’s data handling policies
Confirmed compliance with your organisation’s data governance policies
Obtained necessary internal approvals

You are responsible for:

Ensuring any data used in exercises complies with your organisation’s data governance, security, and privacy policies
Obtaining necessary consents for any personal or customer data used
Managing risks associated with data entered into third-party AI tools
Complying with applicable data protection regulations (e.g., Privacy Act 1988, Australian Privacy Principles)

Enterprise Training:
Where possible and agreed in advance, we can work with you to provide dummy datasets or sanitised examples that mimic your business context without using actual confidential data.

9. Accuracy and Timeliness of Information

9.1 General Information Only

Materials and information provided through our website, training, or services are for general educational and informational purposes only. They should not be relied upon as:

Legal, financial, accounting, or business advice specific to your circumstances
Substitute for professionally obtained marketing, data, technology, cybersecurity, or AI consultancy
Primary or sole source of information for critical business decisions
Guarantees of specific outcomes or results

9.2 Your Responsibility

You must:

Evaluate and bear all risks associated with using our content and applying methodologies in your business context
Consult appropriate licensed professionals (lawyers, accountants, industry specialists) for specific advice relevant to your circumstances
Verify information independently where critical business, legal, or financial decisions are involved
Conduct your own due diligence before implementing strategies or using tools recommended

9.3 Rapidly Evolving Field

AI, marketing technology, and digital practices evolve extremely rapidly. While we strive to provide current, accurate, and up-to-date information, tools, platforms, features, best practices, regulatory environments, and pricing may change after training is delivered.

It is your responsibility to stay informed of developments, regularly review and update your practices, and monitor changes to tools and platforms you use.

10. Limitation of Liability and Indemnity

10.1 Liability Limitations

To the maximum extent permitted by Australian law:

We are not liable for:

Indirect, consequential, special, incidental, or punitive damages
Loss of business, revenue, profits, anticipated savings, data, goodwill, reputation, or economic advantage
Business interruption, lost opportunities, or third-party claims
Costs of substitute services or technologies
Outcomes or results from applying methodologies, frameworks, or advice provided in training
Business decisions made based on training content
Reliance on third-party tools or platforms we recommend
Technical failures, platform downtime, or technology issues beyond our reasonable control
Performance of your business or marketing activities following training
Regulatory compliance failures arising from your use of AI tools or implementation of strategies

Our total aggregate liability to you arising from or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed the total fees actually paid by you to AI Growth Academy for the specific service giving rise to the claim.

10.2 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, warranties, rights, or remedies you may have under the Australian Consumer Law or other applicable laws that cannot be excluded, restricted, or modified by agreement.

Where the Australian Consumer Law or other applicable laws imply a guarantee, warranty, or condition into these Terms that cannot be excluded, our liability is limited (at our option) to:

For services: re-supplying the services or paying the cost of having the services re-supplied
For goods: replacing, repairing, or paying the cost of replacing or repairing the goods

10.3 Training Warranties and Disclaimers

AI Growth Academy provides training with reasonable care, skill, and expertise. However:

We do not guarantee or warrant:

Specific business outcomes, performance improvements, productivity gains, revenue increases, cost savings, or return on investment (ROI) from applying what’s taught
That your team will successfully implement or adopt strategies taught

Participants and organisations remain solely responsible for:

Their own use of AI tools, platforms, and technologies
Decision-making regarding implementation of strategies
Compliance with applicable laws, regulations, and industry standards
Data governance, security, and privacy practices
Outcomes of business decisions made based on training content
Managing risks associated with AI adoption and use

Results depend on factors outside our control, including but not limited to organisational readiness, participant engagement, implementation quality, existing infrastructure, leadership support, and market conditions.

10.4 Your Indemnity to Us

You agree to indemnify, defend, and hold harmless AI Growth Academy, its instructors, employees, and affiliates from and for all damages, costs, expenses, and liabilities (including reasonable legal fees) arising from:

Your breach of these Terms or applicable laws
Your use of our services, Materials, or content in a manner not authorised by these Terms
Your violation of third-party rights (including intellectual property rights, privacy rights, or confidentiality obligations)
Your use of third-party AI tools or platforms during or after training
Decisions made or actions taken based on training content
Your data handling practices or compliance failures
Claims by your employees, contractors, or third parties arising from your use of our services

This indemnification obligation survives termination or expiry of these Terms and any training engagement.

11. Force Majeure

11.1 Events Beyond Control

Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to:

Acts of God, natural disasters (earthquakes, floods, fires, storms)
War, terrorism, civil unrest, riots, government restrictions or orders
Pandemics, epidemics, or public health emergencies
Telecommunications failures, internet outages, or cyber attacks
Unforeseen technical failures affecting critical infrastructure
Labour disputes, strikes, or industrial action
Supplier or subcontractor failures beyond our reasonable control

11.2 Notification and Mitigation

The affected party shall:

Notify the other party as soon as reasonably practicable
Provide details of the force majeure event and expected duration
Use reasonable efforts to mitigate the impact and resume performance as soon as possible

11.3 Extended Force Majeure

If a force majeure event prevents delivery of training for more than 60 consecutive days, either party may terminate the affected engagement by written notice. In such case:

You will receive a full refund for any undelivered services
Services already delivered remain payable in full
Neither party shall have further obligations except as expressly stated in these Terms

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. For international clients, governing law may be agreed separately in writing.

12.2 Dispute Resolution
If a dispute arises, both parties agree to first attempt resolution through good-faith negotiation before pursuing formal legal action. If negotiation fails, either party may pursue resolution through the Victorian Civil and Administrative Tribunal (VCAT) or the courts of Victoria, Australia.

Modifications to Services and Terms

13.1 Service Changes
We reserve the right to:

Modify or discontinue any service, programme, or training offering
Update course content, formats, delivery methods, or learning platforms
Change curriculum, methodologies, or teaching approaches to reflect current best practices
Adjust pricing for future bookings (does not affect bookings already confirmed and paid)

Where changes materially affect a booking you have already made, we will notify you and offer alternatives or refund where appropriate.

13.2 Terms Updates
We may update these Terms at any time. For material changes, we will provide at least 30 days’ notice on our website. For enterprise clients with active engagements, we will send email notification. Your continued use of services after changes constitutes acceptance of the updated Terms.

13.3 Active Engagements
For enterprise training already booked before Terms are updated, the Terms in effect at the time of booking shall apply, unless both parties agree in writing to adopt updated Terms or changes are required by law.

Contact Us

If you have any questions about these Terms, our services, or your booking, please contact us:

AI Growth Academy
Catherine & Stephen Toms

Email: catherine@aigrowthacademy.com.au
Phone: 0479 189 123
Website: www.aigrowthacademy.com.au
Business Hours: Monday–Friday, 9:00 AM – 5:00 PM AEDT/AEST

We aim to respond to all enquiries within 2 business days.

Acknowledgement and Agreement

By booking, registering for, or attending AI Growth Academy training, you acknowledge and agree that:

You have read and understood these Terms of Use in full
You agree to be legally bound by these Terms
You have the authority to accept these Terms (on behalf of your organisation for Enterprise Training)
You understand the limitations, exclusions, and obligations set out in these Terms
You have had the opportunity to seek independent legal advice if desired

These Terms constitute a legally binding agreement between you and AI Growth Academy.