Terms and Conditions

1. Use of this Website and any Information or Materials

The Website includes information, content, text, photographs, designs, graphics, images, recordings, advertisements, animations, and other materials (collectively referred to as the “Materials”) that are protected by copyrights, trademarks, service marks, trade dress, and other intellectual or proprietary rights owned by Achieva AI or third parties who have authorised Achieva AI to use them. All trademarks and copyrighted content on the Website belong to their respective owners. You may not remove any copyright, trademark, or other proprietary notices from any electronic or printed copy of the Materials.

This Website and the Materials are provided for your personal use. Any other use, including but not limited to copying, modifying, republishing, deleting, transmitting, publicly performing, distributing, proxy caching, uploading, posting, reproducing, or any other form of dissemination, is strictly prohibited without the express written consent of Achieva AI or the relevant rights holder. The Materials on the Website may not be used by you or any third parties, directly or indirectly, for marketing, solicitation, telemarketing, emailing, or direct marketing purposes. You are also prohibited from decompiling, reverse engineering, disassembling, renting, leasing, loaning, selling, sublicensing, or creating derivative works from the Website or any of its Materials.

Furthermore, you may not use any network monitoring or discovery software to analyse the site architecture or extract information about usage or users. Any permitted use of the Website does not include using it or the Materials for any illegal or immoral purposes, nor for transmitting or sharing illegal, harmful, threatening, defamatory, discriminatory, obscene, hateful, pornographic, or otherwise objectionable material, or for interfering with, abusing, or violating the legal rights of Achieva AI or any third party using the Website or its Materials.

2. Registration, Access and Use of Our Services

You must be at least 15 years old, or the minimum age required in your country, to consent to using the services. If you are under 18, you must have permission from your parent or legal guardian to use the services.

When registering for an account, you must provide accurate and complete information. You are responsible for all activities that occur under your account. If you create an account or use the services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

Subject to your compliance with these Terms, you may access and use our services. In using our services, you must comply with all applicable laws as well as any other documentation, guidelines, or policies we make available to you.

You are prohibited from using our services for any illegal, harmful, or abusive purposes, including but not limited to the following:

• Using our services in a manner that infringes, misappropriates, or violates the rights of others;
• Modifying, copying, leasing, selling, or distributing any part of our services;
• Automatically or programmatically extracting data or Output (as defined below); and
• Misrepresenting that Output was generated by a human when it was not.

3. Content

You may submit information or content to our services (“Input”) and receive information or content in response to your Input (“Output”). Together, Input and Output are referred to as (“Content”). You will ensure that all Input is, at all times, complete, accurate, and not misleading. You are solely responsible for the Content, ensuring that it complies with all applicable laws and these Terms. You also represent and warrant that you have all necessary rights, licenses, and permissions to provide Input to our services.

By sharing the Content with others, you grant Achieva AI a non-exclusive, worldwide, irrevocable, royalty-free license to use, test, store, copy, translate, display, modify, distribute, promote, and make all or any part of the Content available to other users and third-party service providers. You also grant a non-exclusive, non-transferable licence to third-party service providers to use Content distributed by Achieva AI to provide lawful services to you.

When you use our services, you understand and agree:

• Artificial Intelligence Output: Output is generated by artificial intelligence and may not always be accurate. Therefore, you should not rely solely on Output from our services as a source of truth or factual information, nor should it be used as a substitute for professional advice. It is your responsibility to evaluate the accuracy and suitability of the Output for your specific use case, including conducting human review as necessary, before using or sharing it.
• Use of Output: You must not use any Output related to a person for purposes that could have a legal or significant impact on that individual, such as making educational or other important decisions about them. Our services may produce incomplete or incorrect Output that does not reflect our views. If Output references third-party products or services, it does not imply endorsement or affiliation with those third parties.
• No Warranty: Our services and the Output provided are offered on an “as-is” and “as-available” basis without any warranties, express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the services or the Output will be error-free, uninterrupted, or meet your requirements.
• Limitation of Liability: We do not assume any liability for any inaccuracies, omissions, or errors in the Output provided by our services. You agree that any use of the Output is at your own risk, and we disclaim all warranties, whether express or implied, including but not limited to warranties of accuracy, reliability, and fitness for a particular purpose.
• User Responsibility: You are solely responsible for any decisions made or actions taken based on the Output provided by our services. You agree to indemnify and hold us harmless from any claims, losses, or damages arising out of your use of the Output, including any misuse or reliance on the Output.

4. Third-Party Services

By using this site, users consent to being contacted by third-party service providers approved by us. Achieva AI is merely a platform provider and does not serve as your advisor.

By using this website, you acknowledge and agree to the following:

• Achieva AI provides information on this website to facilitate connections with third-party service providers, including but not limited to those offering services related to overseas study and immigration. This information is intended to help users make informed decisions and is not intended as professional advice or a recommendation.
• Achieva AI does not act as an advisor or consultant in relation to the services offered by third-party service providers. The website and its content are not a substitute for professional advice or services, and Achieva AI makes no representations or warranties regarding the qualifications, competence, or performance of any third-party service providers.
• Achieva AI does not guarantee the quality, accuracy, completeness, or suitability of the services provided by third parties. The inclusion of third-party service providers on this website does not constitute an endorsement or recommendation of their services.
• It is your responsibility to conduct your own research and due diligence before engaging with any third-party service provider.

By using this Website, you are agreeing that under no circumstances will Achieva AI or its affiliates be responsible for:

• The accuracy, completeness, or current status of any information contained on or omitted from the site;
• Any person’s reliance on any such information, whether or not the information is correct, current or complete;
• The consequences of any action you or any other person takes or fails to take, whether or not based on information provided by or as a result of the use of the Website;
• Any person’s satisfaction with any third-party service provider, whether relating to competence, diligence, or otherwise;
• The results of any information, or services provided given by or representation from any third-party service provider; and/or
• The failure or refusal of third-party service provider to respond to you.

By using this website, you agree to release Achieva AI and its affiliates from any and all claims, liabilities, or damages arising from:

• Your use of the website and any information provided therein;
• Your interactions with third-party service providers, including any issues related to their performance or service quality;
• Any delays, losses, or damages incurred due to the use of communication tools on the Website or unauthorized access to information transmitted through our systems.

5. Subscription

For Achieva AI’s subscribers, your subscription refers to the arrangement that grants you the right to access and receive our online business and practice management services, which are made available by Achieva AI via the Website (“Subscription”).

Order means any physical document or electronic interface that we make available to you which you sign or otherwise indicate your agreement to, and which identifies your Subscription including, but not limited to, paper order forms, insertion orders or contracts, emails, online order forms or other documents (“Order”).

Data in this clause means any data inputted or uploaded by subscriber or with subscriber’s authority into the Website.

The term of your Subscription consists of an Initial Term as specified in the relevant Order, and is subject to termination in accordance with this agreement. The Initial Term is typically either 1 month or 12 months, as outlined in your Order. After the Initial Term expires, your Subscription will automatically renew for successive periods of the same duration (“Further Terms”) unless terminated in accordance with these Terms.

If you do not wish for your Subscription to continue for any Further Term, then you must, at least 14 days before the expiration of the Initial Term or the then current Further Term, provide us with clear written notice that you do not wish for your Subscription to continue beyond the Initial Term or the then current Further Term. Additionally, you must use the unsubscribe function available on the Website to ensure proper termination. Upon providing this notice and successfully unsubscribing via the Website, your Subscription will terminate at the end of the Initial Term or, if you are in a Further Term, the current Further Term.

You acknowledge and agree that at all times during your Subscription:

• All intellectual property rights in the Data remain your property. However, your access to the Data is contingent on full payment of the Subscription fees when due. You grant Achieva AI a license to use, copy, transmit, store, and backup your information and Data for the purposes of enabling you to access and use the service and for any other purpose related to provision of services to you.
• We will maintain the confidentiality of any Data during the Subscription. We will not disclose this Data to any third party unless such disclosure is required by law, regulation, or legal process, or unless you have provided prior written consent for such disclosure.
• We do not make any guarantees that there will be no loss of Data. Achieva AI expressly excludes liability for any loss of Data no matter how caused.
• If you enable third-party applications for use in conjunction with the service, you acknowledge that Achieva AI may allow the providers of those third-party applications to access your Data as required for the interoperation of such third-party applications with the service. Achieva AI shall not be responsible for any disclosure, modification or deletion of your Data resulting from any such access by third-party application providers.
• We do not provide any backup or retention of your Data after the termination of your Subscription. Upon termination, all Data associated with your Subscription may be permanently deleted, and we will not be responsible for maintaining or returning any copies of such Data. It is your responsibility to ensure that you have maintained adequate backups of your Data prior to the termination or expiration of your Subscription.
• We do not warrant that the Customer will have any interest in engaging your services or that any communications initiated with Customers based on the Content will result in a successful business relationship.
• You represent and warrant to Achieva AI that throughout the term of your Subscription, you will hold all necessary licenses or qualifications required to provide your services to Customers.
• We reserve the right to suspend, modify or terminate your Subscription at any time, at our sole discretion, without prior notice. This may occur for any reason, including but not limited to violations of these Terms.
• We will make every effort to provide uninterrupted services; however, we cannot guarantee continuous availability, as technological failures or delays may occur.
• If you or your employees have provided us with contact details (whether verbally, in writing, or via business cards), we may contact you and your employees from time to time in relation to services offered by us. You authorize us to contact you or your employees via phone, email, text message, push notifications, and other electronic media, unless you specifically request not to be contacted through these means. We may also contact you or your employees through these channels without including an unsubscribe option, as permitted by law.
• You must ensure that any statements you make to us, or any content or materials you provide, are lawful, not intended for any improper purpose, and are neither misleading nor deceptive, nor likely to mislead or deceive.
• You will ensure that both you and your employees will treat our staff with respect at all times. This includes refraining from any behavior that is threatening, harassing, abusive, or defamatory, as well as avoiding the use of offensive language, or engaging in conduct that causes distress, discomfort, or unnecessary repeated contact with our employees.
• You will comply with any guidelines and codes of conduct issued by your local and national governing bodies applicable to your type of organization.
• You are responsible for keeping your username and password for accessing any service we provide secure at all times. These credentials should only be shared with individuals employed by you or engaged to provide services on your behalf who are authorized to incur charges. However, you remain responsible for any use of our services under your username and password, whether authorized by you or not, and are liable for any resulting charges.
• You warrant and represent that you are acquiring the right to access and use the service for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the service, the Website or these Terms.

6. Being a Third-Party Service Provider

If you subscribe as a third-party service provider, you acknowledge and agree that:

• As a subscriber to our services, you may be provided with Content and other related information if you comply with the additional conditions imposed, which may include a further monetary payment. In such cases you are authorized to contact the owner of the Content (“Customer”) solely for the purpose of offering or providing your services to them. All communications and interactions between you and the Customer are independent of our involvement. We have no responsibility or liability for these interactions.
• Achieva AI makes no representations or warranties regarding the accuracy, authenticity, or completeness of the Content. All Content is supplied “as-is,” and Achieva AI expressly disclaims any responsibility for errors, omissions, or inaccuracies contained in the Content. You acknowledge that reliance on any such Content is at your own risk.
• You must immediately cease all contact with the Customer if they, or we, request you to do so.
• You must store and use Content for the benefit of the owner of the Content to which the data relates in accordance with these Terms. This clause survives termination of these Terms.
• In some cases, use of Content is subject to conditions required by owners of that Content. Where we or the owner of that Content notify you of those conditions, or give you directions with respect to use of the Content, you must comply with those conditions or directions. This clause survives termination of these Terms.
• Your status is subject to the discretion of Achieva AI. Achieva AI reserves the right to approve, monitor, or terminate your qualification as a third-party service provider at any time, with or without cause.
• You are required to provide Achieva AI with any documents, qualifications, certifications, and other materials that may be requested to verify your eligibility and maintain your status as a third-party service provider. All submissions must be accurate, complete, and up to date.
• You must comply with any specific requirements set forth by Achieva AI, including but not limited to ongoing verification processes, adherence to standards of service, and submission of any additional information as requested.
• Achieva AI retains the absolute discretion to terminate your status as a third-party service provider at any time. Such termination may occur for reasons including, but not limited to, failure to provide the required documentation, failure to comply with Achieva AI’s standards, or any actions deemed detrimental to Achieva AI or its users.
• Submission of the required documents and materials does not guarantee approval as a third-party service provider. Achieva AI retains the sole discretion to approve or deny any application based on its evaluation criteria.
• You must ensure that access to our services by you and your personnel is controlled and only occurs for the purposes of these Terms, and not enable or permit unauthorized persons to access our services or Content.
• You are not permitted to sub-license, resell, transfer, prepare derivative works from, modify, disassemble, decompile or reverse Content other than as permitted by these Terms.
• You must keep secret and secure all usernames and passwords for accessing our services.
• You may disclose your usernames and passwords to persons employed by you or engaged to provide services to you provided that such persons are bound by comprehensive written confidentiality obligations.
• You must nominate a technical and an administrative contact to communicate with us on technical matters and difficulties (if any) during standard business hours between 9am and 5pm, Monday to Friday. It is your sole responsibility to ensure that you provide us with your current contact email address and mobile number.

As a third-party service provider, you understand and agree to indemnify Achieva AI, its affiliates, officers, directors, employees, agents, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including legal costs) arising out of or related to:

• Customer Interactions: Any disputes, claims, or liabilities that arise from your communication with or services provided to the Customer, including but not limited to, issues related to the quality, timeliness, or legality of the services provided, or any breach of the terms agreed upon between you and the Customer.
• Misrepresentation: Any misrepresentation, false statement, or omission made by you during your interactions with the Customer or in the course of providing services to the Customer.
• Non-Compliance: Your failure to comply with any applicable laws, regulations, or professional standards in the course of providing services to the Customer.
• Third-Party Claims: Any claims made by third parties against Achieva AI arising from your actions, omissions, or breaches in the course of your engagement with the Customer, including claims of intellectual property infringement, breach of contract, or violations of privacy rights.
• Damages and Losses: Any direct, indirect, consequential, or incidental damages or losses suffered by Achieva AI, its affiliates, or any third parties as a result of your engagement with the Customer, including but not limited to, loss of business, loss of reputation, or loss of data.
• Legal Compliance: Any costs, fines, penalties, or damages incurred by Achieva AI as a result of your failure to comply with any legal or regulatory requirements in connection with your services to the Customer.
• Unauthorized Actions: Any claims or liabilities arising from actions taken by you that are not authorized by Achieva AI or that exceed the scope of any permissions granted by Achieva AI in the course of your use of the services.

7. Privacy in Relation to Third-Party Service Provider

You agree that you will only collect, use, disclose and store Content and any information obtained from Achieva AI for the purposes permitted under the terms of your engagement with the Customer or as otherwise permitted under the Privacy Laws. You must not retain any Content obtained from us for any period longer than permitted by the Privacy Laws.

You must maintain a Privacy Policy that complies with the Privacy Laws and you must comply with your Privacy Policy at all times.

You must report to us immediately if you become aware that you have or may have breached the Privacy Laws or in the event of any actual or suspected loss or unauthorized use, access, modification or disclosure of Content or security breach impacting Content and you must provide us with all relevant information and assistance we reasonably requested in relation to such breach.

If a Customer terminates your engagement or you otherwise cease to hold valid and current authority to act for a Customer, you must comply with all obligations under the Privacy Laws relating to the destruction or de-identification of Content relating to that Customer or that Customer’s engagement with you.

You must comply with our reasonable and lawful directions regarding the collection, use, storage, deletion and/or de-identification if such request is based on our need to comply with our Privacy Policy and/or the Privacy Laws.

The clauses under this heading ‘Privacy in relation to third-party service provider’ survive termination of these Terms.

8. Fees and Billing

The fees for your Subscription will be specified in your Order and are payable from the start date indicated. Subscription fees may be billed on a monthly, or an annual basis, and the rates provided in your Order correspond to these billing cycles unless otherwise specified.

Achieva AI will not provide any refund for any remaining prepaid period of a prepaid Subscription. All fees are non-refundable once the Subscription has commenced.

Achieva AI may alter the Subscription fees at our discretion at any time. Should we incur fees from third parties for processing payments or transactions, we may charge a reasonable transaction fee.

Invoices will be delivered to you via email, post, or another electronic method that we specify. Any failure to receive an invoice does not relieve you of liability for payment of fees by the due date shown on the invoice.

9. Payment

9.1 Debiting Your Account

• You acknowledge and agree that your Subscription will be automatically renewed on the day immediately before the expiration.
• You authorise us and our approved third parties to debit your nominated payment method for any Subscription related payments.
• You authorise us and our approved third parties to make direct debits from your nominated account in connection with the automatic renewals.
• You authorise us and our approved third parties to attempt to re-debit any unsuccessful payments. You will also be responsible for any fees and charges applied by your financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by us.
• We may charge you certain fees (including setup, variation, SMS or processing fees) where applicable under your debit arrangement.
• If you do not wish for your Subscription to continue for any Further Term, then you must, at least 14 days before the expiration of the Initial Term or the then current Further Term, provide us with clear written notice that you do not wish for your Subscription to continue beyond the Initial Term or the then current Further Term. Additionally, you must use the unsubscribe function available on the Website to ensure proper termination. If you do not contact us and unsubscribe as required, your Subscription may have already been renewed and you agree that there will be no refunds, transfers, suspensions, or extensions on class packs renewed.

9.2 Your Responsibilities

You must ensure that:

• Your nominated account can accept direct debits.
• The details of your bank account are correct, and the bank account has been verified against a recent bank statement.
• All authorised signatories nominated on the financial institution account to be debited authorise the direct debits.
• There are sufficient cleared funds in the nominated account, as a failed payment fee may be charged by us if a debit is returned by your financial institution as unpaid.

10. Credit Provisions

You acknowledge that we may, at any time, obtain a credit report from a credit reporting agency containing personal credit information about you, your directors, or officers, related to any commercial credit we provide or consider providing. Additionally, we may receive credit reports on overdue payments and seek information from credit providers named in such reports, including details about credit arrangements, standing, history, or capacity of you and your related parties.

You understand that if we require a director’s guarantee for repayment and it is not provided, we may charge interest on all current and future personal property, either solely or jointly. This security interest can be registered under the Personal Property Securities Act 2009 (PPS Act) and will remain in effect until we issue a final release concerning the secured goods.

You consent to us registering the security interest under the PPS Act and agree to provide any necessary information and take required actions to help us perfect our security interest in the goods.

11. Limitation of Liability and Indemnity

Achieva AI does not make any guarantees about the availability or performance of its Website. By using the Website, you agree that any reliance on the services is at your own risk, and Achieva AI will not be responsible for any data loss, lost profits, or other damages resulting from such use. The Website and services are provided “as is” and “as available,” without any warranties, whether express or implied. Achieva AI specifically disclaims any warranties of merchantability, fitness for a particular purpose, and non-infringement related to the Website and services.

Achieva AI will not be liable for any damages, whether compensatory, direct, indirect, incidental, consequential, or punitive, including loss of data, income, or profits, damage to property, or any claims from you or third parties related to the Website and services. This applies regardless of the legal basis for the claim, including issues arising from errors, omissions, viruses, delays, interruptions, or failures in performance, whether caused by natural events, communication failures, theft, or other factors. Achieva AI is not responsible for any losses resulting from internet failures.

You agree to indemnify, defend, and hold harmless Achieva AI, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from or related to your use of the Website, violation of these Terms, or infringement of any third-party rights. This indemnity obligation shall survive the termination or expiration of this agreement.