Terms and Conditions

Introduction

Welcome to the Applied Innovation Institute! We are an online learning system under the internet domain https://www.aini.org which you can use to improve your innovation, design thinking, futuring, digitization and artificial intelligence, digital transformation, startsups and entrepreneurial knowledge in an easy and efficient manner (hereinafter referred to as “Provider”, “AInI”, “Website”). AInI is available over your internet browser. With your registration with AInI, you (hereinafter referred to as “user”) agree to these general terms and conditions of business (hereinafter referred to as “T&C”, “Terms of use”). By completing the registration, you enter into a valid contract with the provider. Please read these T&C carefully, as they make up the legal framework applying to the use of AInI. AInI offers only one cost-free course. The content is professionally produced and ad-free. To allow for a high standard of technology and learning material, fees are necessary. However, they are not charged without explicit warning to the user. AInI exclusively addresses private individuals or final consumers, so that only they may be registered. Please take a look at the details on data protection Services.

The Website enables users to access AInI (“Services”). The Services and Website are owned, provided, and powered by Applied Innovation Institute whose registered address is Alberta, Canada.

The T&C apply to all users of the AInI. Any deviating or supplementary provisions agreed upon the conclusion of the contract shall only apply if drawn up in writing. The T&C apply to all services provided by the AInI.

AInI reserves the right to update or modify these Terms of Use or Services at any time without prior notice. For this reason, we encourage you to review these Terms of Use whenever you visit the Website. AInI’s team strives to provide you with useful, accurate and timely information. Accordingly, our team attempted to provide accurate information and materials but assumes no responsibility for the accuracy and completeness of that information. By using or continuing to use the Website you represent that you have the legal capacity and competence to enter into these Terms of Use.

Our License to You

Subject to these Terms of Use and policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Website. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Website does not give you ownership of any intellectual property rights in our Website or the content you access.

To the extent that you provide user content, you grant AInI a fully-transferable, royalty-free, perpetual, sub licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the user content. This license includes granting AInI the right to authorize participating institutions to use user content. Nothing in these Terms of Use shall restrict other legal rights AInI may have to user content, for example under other licenses. We reserve the right to remove or modify user content for any reason, including user content that we believe violates these Terms of Use.

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, AInI does not waive any rights to use similar or related Feedback previously known to AInI, developed by its employees or contractors, or obtained from other sources.

Using the Website

In order to access the Services, you must ensure that:

  • Your use of the Website and Services is consistent with all applicable laws and regulations; and
  • You are 18 years or older. Notwithstanding, if applicable law requires you to be older than such ages in order for AInI to lawfully provide the Services to you, then the minimum age would be such an older age; and
  • Are not currently restricted from the Services, or not otherwise prohibited from having an account; and
  • Are not using the Services for reasons that are in competition with AInI; and
  • Will only maintain one account at any given time; and
  • Do not allow any other person access to any password, user ID or account given to you by AInI; and
  • Will use your real name and only provide accurate information; and
  • Have full power and authority to enter into this agreement and doing so will not violate any other agreement to which you are a party; and
  • Will not violate any rights of AInI or third party, including intellectual property rights such as copyright or trademark rights; and
  • You agree not to access the Services by any means other than through the interfaces that are provided or approved by AInI.
  • The qualifying contract to use the services provided by the provider is only valid when receiving the confirmation email. This email contains the information that the account was set up and the required credentials and a link for the booked course via which the subscriber can log on to the console and start taking the course. The customer must immediately inform any shortcomings and mistakes of the services.
  • The Provider reserves the right to not accept a booking without giving reasons. If the provider does not accept a booking, this will be communicated to the affected users immediately by email. Bookings are limited to the specific course offering and do not entitle you to other courses or an extension of access.

Prices and Services

The prices include the use of the course portal, viewing of the course content, taking the course exams, and receiving a digital course certificate (PDF-file).

Payment Methods

  • Usage fees for services are payable in advance.
  • The user may affect payment by using one of the payment methods specified such as a credit card.
  • Billing takes place digitally; a paper billing will not occur. With the conclusion of the contract, the user will receive a check. The invoice is sent to the address or email that was typed in as part of the online registration form or the account used in the payment service.

User’s Refund Policy

  • Cancellation and Refunds: You can request refund within 7 days of your purchase. Money back guarantee is void if the participant has accessed more than 20% of the content. Any refund request beyond 7 days of purchasing the course will not be accepted and no refund will be provided.
  • Duplicate Payments: Refund of duplicate payments made by the user (s) will be processed via the same source (original method of payment) in 10 working days post intimation by the user (s).

Misuse of the Website

You are prohibited from using the Website to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Website to advertise or perform any commercial solicitation.

If we fail, at any time to insist upon strict performance of any of your obligations under these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the above.

Personal Information and Registration

Registration is required to use the Website. As part of the registration process, you agree to provide certain limited information about you, such information to be current, complete, and accurate and you should maintain and update this information as required to keep it current, complete, and accurate.

By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.

Content and Accessibility of the Study Portal and Liability

  • The provider strives to ensure that the portal functions properly at all times. However, the provider does not guarantee uninterrupted access.
  • For providing its service, the provider uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by the provider, the user must likewise use these technologies (e.g. up-to-date browser technologies, Adobe Flash) or enable their use on its computer (e.g. activate JavaScript able cookies and pop-ups). If older or not commonly used technologies are used, the user might only be able to make limited use of the services provided by the provider.
  • Claims for damage on the part of the user are excluded unless stated otherwise below. The exclusion does not extend to damage claims asserted by the user arising from death or injury to body or health or infringement of essential contractual obligations (cardinal obligations) as well as the liability for other loss or damage caused by a premeditated or grossly negligent contractual infringement on the part of the provider, its legal representatives or vicarious agents. Essential contractual obligations are those which must be met to achieve the goal intended by the contract. A “cardinal obligation” or “essential contractual obligations” are obligations the discharge of which enables the contract to be properly performed in the first place and the contracting party usually relies on and may rely on.
  • In the event of infringement of essential contractual obligations, the provider shall only be liable for contractually typical, foreseeable loss or damage if the infringement was due to ordinary negligence unless it is a case of damage claims asserted by the user arising from death or injury to body or health.
  • The restrictions as set forth under paragraphs 3 and 4 shall also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted against them directly.

Security

We care about the security of our users. While we work to protect the security of your account and related information, AInI do not guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing AInI.

Ownership of Content:

The Website is owned and operated by AInI. All of the content featured or displayed on the Website, including, but not limited to, text, graphics, designs, layout, look, appearance, photographs, images, illustrations, and software (the ‘Content’), is owned by AInI or its licensors and/or its content providers. All elements of the Website including, but not limited to the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Copyright:

The copyright in all content is and remains owned by AInI. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the written consent of AInI. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

Trademark:

The Website may have used trademarks, brands, and/or names owned by third parties. Nothing herein shall be construed as conferring any license or right under any intellectual property right law in any manner whatsoever and shall remain the property of their respective owners.

Modifying The Website and Services.

We are constantly changing and improving our Website and Services. We may add or remove functions, features, or requirements, and we may suspend or stop a certain Services at any time without prior notice.

Disclaimers

ALL INFORMATION AND MATERIALS AVAILABLE AT THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND AInI DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL AInI BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY LINKS TO ANOTHER WEBSITES, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY CONTRACT, TORT OR ANY OTHER.

Limitation of Liability

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER AInI, NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION ON THE WEBSITE, OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF AInI HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND AInI, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO AInI’S ABILITY TO MAKE THE WEBSITE AND THE COURSES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify, defend, and hold harmless AInI from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Website in violation of these Terms of Use; (b) your violation of any law or rights of any third party; or (c) user content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Revisions to these Terms of Use

We reserve the right to revise these Terms of Use at our sole discretion at any time. Any revisions to these Terms of Use will be effective immediately upon posting by us. For any material changes to these Terms of Use, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Website after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms of Use.

Severability; Waiver

If it turns out that a particular provision of these Terms of Use is not enforceable, this will not affect any other terms. If you do not comply with these Terms of Use, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

We want to make sure that all of our users and instructors feel safe and comfortable while using our Website. We have drafted these guidelines to ensure that people understand and follow the rules when participating in our online community and otherwise using our Website.

Although we do not routinely screen or monitor content provided by users, we may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user’s access to all or part of the Website.

Applicable Law and Jurisdiction

By using or continuing to use the Website, you hereby acknowledge that the laws of Canada, shall govern these Terms of Use and any dispute that may arise in respect of the same without regard to principles of conflict of laws. In the event of any disputes, it shall be resolved amicably. If a settlement is not reached within a period of thirty (30) business days, AInI shall resort to arbitration.

Termination and Suspension of User Accounts

AInI reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Website after termination or during suspension.

AInI may assign its rights and duties under these Terms of Use to any party at any time without notice. Your rights and duties under these Terms of Use are not assignable by you without written consent of AInI. These Terms of Use do not provide any third party with a remedy, claim, or a right of reimbursement.

Applied Innovation Institute

Alberta-Canada

30/1/2019

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