Terms and Conditions

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account"

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and/or any communications System on the Website;

"Content"

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

"Facilities"

means collectively any online facilities, tools, services or information that The Data Analytics Institute Pty Ltd makes available through the Website either now or in the future;

"Services"

means the services available to you through this Website, specifically use of The Data Analytics Institute Pty Ltd proprietary e-learning platform;

"Payment Information"

means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;

"Premises"

means Our place(s) of business located at Mayshill, NSW, Australia;

"System"

means any online communications infrastructure that The Data Analytics Institute Pty Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users"

means any third party that accesses the Website and is not employed by The Data Analytics Institute Pty Ltd and acting in the course of their employment;

"Website"

means the website that you are currently using (thedaxinstitute.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and

"We/Us/Our"

means The Data Analytics Institute Pty Ltd (trading as The Data & AI Institute), a company incorporated in Australia with ABN 546 6351 0709, located at Mayshill, NSW, Australia.

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Data Analytics Institute Pty Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Australian and international intellectual property and other laws.

4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Data Analytics Institute Pty Ltd or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site thedaxinstitute.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at info@thedaxinstitute.com or call us on 0493 490 042.

9. Use of Communications Facilities

9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

• 9.1.1 You must not use obscene or vulgar language;
• 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
• 9.1.3 You must not submit Content that is intended to promote or incite violence;
• 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
• 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
• 9.1.6 You must not impersonate other people, particularly employees and representatives of The Data Analytics Institute Pty Ltd or Our affiliates; and
• 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".

9.2 You acknowledge that The Data Analytics Institute Pty Ltd reserves the right to monitor any and all communications made to Us or using Our System.

9.3 You acknowledge that The Data Analytics Institute Pty Ltd may retain copies of any and all communications made to Us or using Our System.

9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

10. Accounts

10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website, as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

• 10.1.1 all information you submit is accurate and truthful;
• 10.1.2 you have permission to submit Payment Information where permission may be required; and
• 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.

10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation of Accounts

11.1 Either The Data Analytics Institute Pty Ltd or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

12. Services, Pricing and Availability

12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from The Data Analytics Institute Pty Ltd correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.

12.2 Where appropriate, you may be required to select the required Plan of Services.

12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.

12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

13. Orders and Provision of Services

13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between The Data Analytics Institute Pty Ltd and you.

13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:

• 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
• 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
• 13.2.3 Relevant times and dates for the provision of the Services;
• 13.2.4 User credentials and relevant information for accessing those services.

13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and on the same day of each subsequent month ("billing cycle") for charges accrued during the previous billing cycle, and/or as indicated in the order confirmation you received.

13.5 We aim to fulfil your Order within 2–3 working days or, if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfil your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfil your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.

13.6 The Data Analytics Institute Pty Ltd shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.

13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days. Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

13.8 The Data Analytics Institute Pty Ltd provides technical support via our online support forum and/or phone. The Data Analytics Institute Pty Ltd makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

14. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from The Data Analytics Institute Pty Ltd. If you need to speak to us about your Order, then please contact customer care on +61 493 490 042, or by email at info@thedaxinstitute.com, or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.

14.1 If you are a consumer based within the European Union, you have a statutory right to a "cooling off" period. This period begins once your order is confirmed and the contract between The Data Analytics Institute Pty Ltd and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: info@thedaxinstitute.com. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.

14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:

• 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
• 14.2.2 If you cancel after the 14-day money-back guarantee period has passed but before the program is complete, you remain liable for the full enrolled program fee agreed at enrolment. Any sums already paid toward the program fee will not be refunded.

14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

15. Privacy

Use of the Website is also governed by Our Privacy Policy, which is incorporated into these Terms and Conditions by this reference.

16. How We Use Your Personal Information (Data Protection)

16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

16.2 We may use your personal information to:

• 16.2.1 Provide Our Services to you;
• 16.2.2 Process your payment for the Services; and
• 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

17. Disclaimers

17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

18. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19. Availability of the Website

19.1 The Website is provided "as is" and on an "as available" basis. The Data Analytics Institute Pty Ltd uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and/or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20. Limitation of Liability

20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.

20.2 Nothing in these Terms and Conditions excludes or restricts your statutory rights as a consumer.

20.3 Nothing in these Terms and Conditions excludes or restricts The Data Analytics Institute Pty Ltd's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.

20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The Data Analytics Institute Pty Ltd.

24. Communications

24.1 All notices or communications to be given to Us shall be sent by email to info@thedaxinstitute.com. Such notice shall be deemed received on the date of sending if received in full on a business day, or on the next business day if sent on a weekend or public holiday.

24.2 Where you have enrolled in or subscribed to a program with Us, you consent to receiving communications from Us regarding that program, including but not limited to updates, announcements, and other program-related information, from time to time during the period of your enrolment or subscription.

24.3 We may, from time to time, send you information about Our products and/or services. If you do not wish to receive such communications, you may inform Us by email at info@thedaxinstitute.com, and We will remove you from the relevant mailing list accordingly.

25. Course Fee

By enrolling in the Data Analyst Job-Ready Bootcamp offered by The Data Analytics Institute Pty Ltd, the student (referred to as "you" or "the Participant") agrees to the following payment terms and conditions.

25.1 Fee Structure

25.1.1 Upfront Fee: You are required to pay a non-refundable upfront fee prior to starting the program. This fee covers access to course materials, training sessions, internship mentorship and career support services.

25.1.2 Deferred Tuition Fee: Upon securing a job after completing the program, you agree to pay 5% of your gross annual salary (or equivalent compensation) as the remaining program fee. This payment is referred to as the "Deferred Tuition Fee".

25.2 Definition of Job Placement

25.2.1 A "Job Placement" is defined as any employment or contractual engagement in a field related to the program curriculum, secured during or within 2 years of completing the program. This includes, but is not limited to:

• Full-time or part-time employment;
• Freelance or consultant roles;
• Paid internships, apprenticeships, or probationary contracts.

25.2.2 A Job Placement is considered "secured through us" if:

• You directly applied to a role using the resources, guidance, or support provided by The Data Analytics Institute Pty Ltd, including referrals, job boards, or connections facilitated by us;
• You received interview preparation, resume guidance, or any other career-related support from The Data Analytics Institute Pty Ltd that contributed to your job offer;
• You leveraged skills, projects, or certifications gained in the program to secure the job.

25.3 Reporting Employment Status

25.3.1 You are required to report your employment status to The Data Analytics Institute Pty Ltd within 30 days of securing a job.

25.3.2 You must provide accurate and truthful information regarding your employment status, including:

• Employer name;
• Job title;
• Start date;
• Annual gross salary or equivalent compensation;
• Any other information reasonably requested by The Data Analytics Institute Pty Ltd.

25.3.3 Failure to report your employment status within the stipulated timeline may result in penalties, including legal action for recovery of the Deferred Tuition Fee.

25.4 Obligation to Pay the Deferred Tuition Fee

25.4.1 Binding Obligation: You are obligated to pay the Deferred Tuition Fee if you secure a Job Placement, regardless of whether the job was obtained directly through The Data Analytics Institute Pty Ltd's referral or indirectly through skills acquired in the program, and regardless of any claim that the job was obtained independently of The Data Analytics Institute Pty Ltd.

25.4.2 Independent Job Claims: If you claim that a Job Placement was secured without any contribution from The Data Analytics Institute Pty Ltd, you must provide verifiable proof, such as documentation of the application process showing no involvement of The Data Analytics Institute Pty Ltd, or evidence that the job does not relate to the skills, projects, or certifications obtained during the program.

25.4.3 Non-Disclosure or Misrepresentation: Failure to disclose a Job Placement, misrepresenting your employment status, or providing false information is a breach of this agreement. In such cases, The Data Analytics Institute Pty Ltd reserves the right to initiate legal proceedings for the recovery of the Deferred Tuition Fee.

25.5 Verification of Employment

25.5.1 You agree to allow The Data Analytics Institute Pty Ltd to verify your employment status by:

• Contacting your employer to confirm your job title, start date, and salary;
• Requesting pay slips, offer letters, tax documents, or other relevant proof of employment.

25.5.2 Refusal to provide the required documentation or obstructing the verification process will be considered a breach of this agreement.

25.6 Circumstances for Waiver of Deferred Tuition Fee

25.6.1 The Deferred Tuition Fee may be waived under the following circumstances:

• You are unable to secure a Job Placement within 2 years of completing the program and can provide evidence of consistent effort in seeking employment;
• You experience unforeseen circumstances such as severe medical issues or other hardships that prevent you from working (subject to documentation and approval by The Data Analytics Institute Pty Ltd).

25.6.2 The waiver does not apply if you voluntarily choose not to seek employment after completing the program, or if you decline job offers facilitated by The Data Analytics Institute Pty Ltd without reasonable justification.

25.7 Dispute Resolution

25.7.1 Any disputes regarding the Deferred Tuition Fee shall first be addressed through mediation between you and The Data Analytics Institute Pty Ltd. If mediation fails, disputes will be resolved through arbitration in accordance with the laws of New South Wales, Australia.

25.7.2 You agree that any claim of dissatisfaction with the program or its services does not exempt you from the obligation to pay the Deferred Tuition Fee if a Job Placement is secured.

25.8 General Terms

25.8.1 This agreement is binding upon enrolment in the program and remains in effect until the Deferred Tuition Fee is fully paid or waived in accordance with these terms.

25.8.2 The Data Analytics Institute Pty Ltd reserves the right to update or modify these terms at any time. You will be notified of any changes, and continued participation in the program constitutes acceptance of the revised terms.

25.9 Umbrella Clause

25.9.1 By enrolling in the program, you acknowledge that the skills, guidance, and resources provided by The Data Analytics Institute Pty Ltd have contributed to your career development. Therefore, if you secure a Job Placement in a related field within 2 years of completing the program, you are obligated to pay the Deferred Tuition Fee, regardless of any claim that the job was secured independently.

26. Course Enrolment and Duration

Upon making the specified and agreed payment, your registration for the course will be completed. You will be contacted via email regarding your course classes and the timings of the live sessions of the course you enrolled in. If you have selected the self-paced pathway, all the next-step instructions will be in the Learning Management System. For the internship-only pathway, we will schedule a one-on-one orientation catch-up to kick-start the program. The duration of the course will be stated on the course page, in the welcome letter, and/or at the time of registration (course completion date).

27. Refunds

A full refund will be processed if the training is cancelled by The Data Analytics Institute. A full refund is provided if the student wishes to exit within 14 days from the commencement of the training (14-day money-back guarantee). After the 14-day mark, you are not eligible for any refund.

28. Training

For the live instructor-led pathway, all the sessions are delivered virtually live via a video conferencing tool. The training platform details will be shared with the students before the session begins. The live sessions are recorded for future playback and are shared with the students enrolled in the designated batch.

If course materials are provided online, you can access them via The Data Analytics Institute LMS or shared drive. LMS login credentials will be shared with you before the course commencement date or upon enrolment for self-paced courses.

The self-paced and internship-only pathways do not contain a live, instructor-led training component. This pathway requires students to predominantly complete certificates through self-paced study (asynchronous). The certificate should be completed within the time period stipulated on the website.

29. Internship

The Data Analytics Institute will assist with connecting students to the host companies for students who have opted for the internship opportunity pathway. The internship will be provided only after the student completes the required training as stipulated by The Data Analytics Institute. The internship is voluntary, and the main aim is to offer personal training, experience, and skill development while allowing them to gain experience in a job or industry. The Intern will receive no payment for performing any work during the Internship and will not, for any purpose, become an employee of The Data Analytics Institute or the host company as a result of performing the Internship. The student will also need to accept the Internship Agreement as part of the enrolment process.

30. Student Placement and Data Sharing Provision

As part of the internship, the Student acknowledges and agrees that The Data Analytics Institute Pty Ltd shall share their Curriculum Vitae (CV), professional profiles, and other relevant details with potential internship host companies.

The Student is advised that potential host companies may explicitly request additional documentation, including valid personal identification or other supporting verification, alongside the standard resume. By participating in the placement process, the Student grants permission for these materials to be securely transmitted to prospective hosts solely for the purpose of evaluating suitability for an internship placement.

31. Social Media Sharing Consent

By participating in the Data Analytics program, you consent to The Data Analytics Institute Pty Ltd using your name, picture, the data role you have landed, and the respective company in social media posts (such as LinkedIn, Instagram, Facebook, and YouTube) to share your success story. If you do not wish for your success story to be shared on social media, please let us know.

32. Law and Jurisdiction

These Terms and Conditions and the relationship between you and The Data Analytics Institute Pty Ltd shall be governed by and construed in accordance with the law of New South Wales, and The Data Analytics Institute Pty Ltd and you agree to submit to the exclusive jurisdiction of Australia.