Terms and Conditions

The below terms contain the agreement between you and GEI Education Pty Ltd ACN 632 917 492 trading as GROEI and Growth Education Institute (‘GROEI’)  as to the terms on which you are permitted by GROEI to use this website www.GROEI.com.au,  GEI Education digital products, and mobile applications including the GROEI.Us community (“the Terms”).

By your use of the website, GROEI.Us community, GROEI branded or owned mobile sites and applications, or any of the related features including but not limited to RSS, API, software and other downloads (“the Services”), you acknowledge that you have read and understood the Terms and you express your agreement to be bound by them.  If you do not agree to the Terms you must not use the Services.

GROEI owns and operates the Services and owns all intellectual property rights in the Services including all content on the Services unless otherwise indicated, and all such rights are specifically reserved. GROEI has also been licensed to use content on the Services in which the intellectual property rights are owned by third parties. GROEI permits you to use and otherwise benefit from the Services but only in accordance with these terms and subject to any limitations on the use of any content stored on the Services that have been imposed upon GROEI by its respective content providers.

You acknowledge and agree that some content available on the Services will only be made available to registered members of GROEI (“Restricted Content”) and will not be accessible by the general public. Should you wish to access such Restricted Content, you will need to apply and pay for a GROEI Membership and agree to the Terms available at www.GROEI.com.au/membershipterms.

If you have any questions or complaints regarding the Services, our Privacy Policy or these Terms, please contact GROEI via e-mail on [email protected]

Acceptance of Terms

These Terms apply to your use of the Services. You confirm that you have read and understood these Terms and that you accept and agree to be bound by them by using, or continuing to use, the Services. Please take time to carefully peruse these Terms together with our Privacy Policy.

We may vary these Terms at any time to reflect any changes to our Services, technologies, new laws or operational changes, and at our sole discretion, by publishing a revised version of these Terms on the website. Your use of any part of the Services will be regulated by these Terms as they exist from time to time. It is your responsibility to keep yourself informed of any changes to these Terms.

Jurisdiction and Governing Law

The content of the Services is for general informational purposes only and is not intended to be comprehensive or be relied upon, and as such may not be appropriate to your needs. You should contact us to seek specific advice as to the products and regarding your particular circumstances. We attempt to ensure that the content is current but we do not guarantee its currency.

You should seek legal or other professional advice before acting or relying on any of the content.

If you access the Services, you do so at your own risk and you are responsible for complying with all local laws, rules and regulations in your jurisdiction.

These Terms shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, and any applicable laws of the Commonwealth of Australia. Any proceedings in respect of any cause of action shall be instituted, heard and determined in accordance with the law of the State of Queensland in a Court of competent jurisdiction. Any such Queensland Court shall have territorial jurisdiction to hear and to determine such proceedings. You hereby submit to the exclusive jurisdiction of the courts of Queensland and courts competent to hear appeals from those courts.

Use Restrictions

We may limit use and/or availability of the whole or any part of the Services to or by any person, geographic area or jurisdiction we deem fit in our sole and unfettered jurisdiction.

You may, subject to the Terms, personally use public pages on the website provided that such use is for your own use and not for commercial exploitation.

Except as expressly provided (and then only to the extent so provided) in these Terms or in any law you must not:

  1. use any part of the Services through any means not provided or intended by us.
  2. use any part of the Services contrary to any directions, instructions or policies contained in the terms or elsewhere on the Services;
  3. use or permit or suffer any other person to use any administration pages forming part of the Services;
  4. use the Services For any fraudulent or unlawful purpose;
  5. submit any information via the Services That is not true and accurate in every particular or that is misleading or deceptive or likely to mislead or deceive in any particular;
  6. impersonate any person or computer whilst using the Services;
  7. enter or store any personal information or sensitive information relating to any person other than yourself in any part of the Services unless the person to whom such information relates has accepted these Terms and has authorised you to do so on their behalf;
  8. interfere with or disrupt, or attempt to interfere with or disrupt, the operation or usability of any part of the Servicesor the servers or networks used to make the Services available, or otherwise violate any requirements, procedures, policies or regulations of such networks;
  9. reproduce, duplicate, copy, sell, resell or otherwise exploit any part of (including use of) the Services or its content for commercial gain;
  10. systematically download the whole or any part of the Services, whether or not for commercial gain;
  11. make or distribute copies of the Services Or any part of it (including any content stored on the Services);
  12. transfer, share, disclose or licence any access code relating to the Services or to your right to use any part of the Services to or with any other person, whether or not for value;
  13. adapt, alter, delete, modify, or translate any part of the Services(including any content on the Services);
  14. upload any unauthorised material to the Services;
  15. remove, disable or circumvent any proprietary notices or labels, or security or operational features contained on or within the Services Or any part of it.

To avoid doubt, you must not allow any other person to do anything you are prohibited from doing under these Terms.

You must remove any unauthorised material you have uploaded to any part of the Services immediately upon being directed by us to do so. However, we reserve the right to remove, delete and/or destroy any unauthorised material you have uploaded to any part of the Services without first directing you to do so and without giving you prior notice of our intention to do so or reasons for our doing so.

Your Contributions

 On certain parts of the Services we encourage you to submit your own personal contributions for example by submitting photographs, video footage or written feedback or participating in discussions with other members in our groei.Us community. (“Your Contributions”). Your Contributions are subject to the abovementioned use conditions and for the avoidance of the doubt, the following:

  • All of Your Contributions must be your own work and must not include any material which is the copyright of someone else;
  • Your Contributions must be on-topic and constructive and not contributed with the intention of disrupting genuine discussions on our Services or causing harm or offence to anyone;
  • You give to us free of charge permission to use Your Contributions in any way we want to on any website or mobile site, application, products or services in any media (including editing, modifying or adapting Your Contributions for operational or editorial reasons)
  • Copyright in Your Contributions remains with you and the permissions you give us do not restrict you from using Your Contributions in any way.
  • We generally show your name (if provided) with Your Contributions, however, you acknowledge and agree that it is not always practical for us to attribute you as the author of Your Contributions.
  • Your Contributions may or may not be pre-screened and there may be a delay before they appear on the Services. We may choose not to use Your Contributions or remove Your Contributions from the Services at our discretion.

It is your responsibility to ensure that Your Contributions do not breach any applicable laws or rights. Without limiting this obligation we require that Your Contributions do not:

  • Defame any person;
  • Breach anyone’s intellectual property rights or confidentiality.
  • Breach privacy laws;
  • Breach anti-discrimination laws;
  • Contain any links, advertising or marketing material or spam;
  • Stalk or harass any person (including threaten any other member of our member directory or GROEI social media groups;
  • Encourage or promote or assist the commission of any illegal act;
  • Contain excessively coarse language or content which would be rated R, RC or X by the Australian Classification Board; or
  • Include any material that contains any virus or computer code file or computer program designed to impair any the performance of the nine.com.au network or any computer, software or telecommunications device.
  • Contain any commercial material e.g. material containing any solicitation of funds, advertising or solicitation for goods or services.

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

You acknowledge and agree that when you post Your Contributions on the Services, or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of GROEI, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the GROEI website or the GROEI social media groups.

You understand that the technical processing and transmission of the Services may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. GROEI assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Services.

If you are under 16, you confirm that you have the permission of your parent or guardian to submit Your Contributions.

GROEI Education Events

Events hosted or otherwise promoted by GROEI are generally available to members and third parties to attend, subject to purchasing a ticket to such event. Event offers are open on a ‘first-come-first-served’ basis and no guarantees are made in regards to your attendance or availability of tickets. Tickets purchased are non-transferable and non-refundable.

Specific event terms may apply to an event (“Event Terms”) and these will be made available to you at the time of purchasing your ticket. GROEI events are powered by a third party event platform Eventbrite and as such by purchasing a ticket to an event you are agreeing to the Terms of Service of Eventbrite in addition to the Terms.

GROEI does not imply that we endorse or that we have reviewed the policies of the Eventbrite, or any other third party event platform. We strongly suggest contacting those sites directly for information on their privacy policies. GROEI is not responsible for the performance of the Eventbrite platform.

Without limiting the Event Terms, you acknowledge and agree that GROEI films and photographs every event. You consent to being filmed or photographed by GROEI (or its representatives) and to GROEI using your name, likeness, image and/or voice in such photographs or films for the purpose of promoting our events, services and products. No remuneration is payable for such use. Should you wish not to be filmed or photographed by GROEI at an event, please contact us prior to the event at [email protected].

 GROEI.US COMMUNITY

In addition to the this website, GROEI has created a dedicated private Groei.Us Community Group available for members of GROEI. Your participation in the Groei.Us community is subject to these Terms, the Privacy Policy, the GROEI Community Guidelines and the Groei.Us Community Terms (available at www.groei.Us Community Guidelines ). You agree to be bound by these terms at all times when using the Groei.Us Community platform.

GROEI is not responsible for the performance of the Groei.Us Community platform nor any action that Groei.Us Community may take in relation to your usage of its services including (but not limited to) the removal of any item of content posted by you.

When contacting other members via Groei.Us Community, you agree to use respectful language, and not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc in any contributions you make. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.

GROEI welcomes active discussions and debate between its users on the Services, but personal attacks are a direct violation of these Terms and the Community Guidelines and are grounds for immediate and permanent suspension of access to all or part of the Service.

No Agreement

You acknowledge and agree that your use of the Services, including but not limited to your membership application or any other mode of contact contemplated by the Services, does not give rise to any agreement between you and us, and that we are not bound to respond to any such membership application or otherwise to provide you with any Services unless and until we agreed to accept you as a client and you have satisfied any conditions imposed by us.

Privacy

You acknowledge and agree that we may use your personal information in accordance with our privacy policy. Please see our privacy policy here: www.groei.com.au/privacypolicy.

Reservations

We hereby reserve all rights not expressly granted to you under these conditions. Without prejudice to any of our other rights:

  1. all right title and interest in and to the Services(including any content stored on it), any accompanying printed materials, and any copies of the Services, are owned by and remain the property of GROEI and/or content providers as the case may be; and
  2. all right title and interest in and to the content that is not contained in the Services, but which may be accessed through use of the Services is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. Use of any on-line services which may be accessed through the Services may be governed by the respective terms of use relating to such services. If the Services contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation for your own use but not for commercial exploitation.

You may not use our intellectual property rights in connection with any product or service that is not ours or in any manner that is likely to cause confusion.

Nothing contained on the Services is intended to or should be construed as granting any license or right to use any trade names or trade marks or any other Intellectual Property Rights without the express prior written consent of the owner.

Electronic Communication

In accepting these conditions you agree that we can give you any information required or permitted to be given to you under these Terms or our Privacy Policy, or by law or any applicable code, by electronic communication, unless any law or code requires otherwise.

Acknowledgements, Disclaimers and Limitation of Liability

To the maximum extent permitted by law, you acknowledge, agree and warrant that:

  1. The content provided on the Services is provided to you as is and with all faults, and that all warranties (express or implied) are hereby excluded. We do not represent or warrant that such content is complete or accurate. We are not responsible for any errors, inaccuracies, or omissions in, or for any unauthorised material that may form part of, any content contained on the Services, regardless of its source or how it came to be located on the Services, and we hereby expressly exclude any and all liability for any loss that you may incur or sustain that in any way relates to or arises out of such content or your use of or reliance thereon, even if you have advised us of the possibility of such loss.
  2. All content provided on the Services is for information purposes only.
  3. We shall not be liable for any loss that you may incur or sustain that in any way relates to or arises out of any circumstance beyond our control, including but not limited to failure by third party data transmission networks or servers.
  4. You acknowledge and accept the risk that any communication to or from the Services may be intercepted, used or interrupted by third parties, that the Services may not be free of unauthorised material, inaccuracies, errors and/or omissions. We shall not be liable for any loss or delay that you may incur or sustain that in any way relates to or arises out of your use of or activities in connection with the Services or any content or linked content thereon, and you release, discharge and indemnify us from and in respect of any and all such liability.

You hereby acknowledge and agree that we would not permit you to use the Services but for your acknowledgments and your agreement to the limitations on our liability as set out above.

Indemnity

You agree to defend, indemnify and hold us and our content providers harmless from and against all claims and liabilities that in any way relate to or arise out of:

  1. your use of or activities in connection with the Services or any content or linked content we provide on or via the Services
  2. your breach of any of these Terms; or
  3. any infringement by you of any intellectual property rights owed by us or our content

Problems with the Services

If you think there has been a mistake or an operation you did not authorise, or if you think there are any faults in any part of the Services, you must inform us immediately via email at [email protected].

Termination

The agreement constituted by your acceptance of these Terms is effective until terminated. We may at any time and for any reason terminate your use of the Services. Upon such termination, your right to use the Services will immediately cease. You agree that we will not be liable to you or any third party for any termination of your use of the Services.

We may take any steps we believe are appropriate to enforce or verify compliance with any part of these Terms.

 General

These Terms and the Privacy Policy contain the entire agreement between you and GROEI relating to your use of the Service or any part of it and it supersedes any prior representations (express or implied), discussions, undertakings, communications or advertising relating to the Services.