Terms and Conditions of Use

Cartland Tech Pty Ltd (ACN 614 842 410) c/- PO Box 4124 Norwood South SA 5067 (“Cartland Tech”) operates the Artificially Intelligent Legal Information Research Assistant known as “Ailira”.

Agreement to be Bound

By accessing the website www.ailira.com (the “Website”) and any services described as Ailira you warrant that you are over 18 years of age and agree to be bound by the Terms and Conditions of Use (the “Terms”) contained in this document.

Services PROVIDED BY Cartland Tech

  1. Cartland Tech provides the following services (collectively referred to as Ailira):

Legal Publishing

  • Ailira enables you to generate legal documents, such as a trust deed or will, by completing an online form. Ailira generates a template document based on the information you provide;

Legal Research

  • legal research software subscriptions enable you to access Ailira’s NLP (natural language programming), which is a semantic search engine that can conduct natural language searches across large bodies of text. Ailira searches for legal information based on what you input;

ChatBots

  • Ailira enables you to develop a chatbot, typically as an application that may be placed on a website or app. These chatbots might do anything from answering simple questions to gathering information to put into forms or integrating with other systems;

Free Information

  • Ailira provides general legal information about a variety of matters such as company structures, taxation and wills and estates, that may or may not be suitable to your specific circumstances; and

Other

  • other products as developed and offered from time to time under the name Ailira

Ailira and any other product or service provided by Cartland Tech does not constitute the provision of legal services. You may request or Ailira may recommend the provision of legal services from time to time, in which case Cartland Tech will refer you to a suitably qualified and registered legal practitioner in an appropriate jurisdiction if possible, but will not provide any such services itself.

Use of Ailira

  1. When using Ailira:
    • you agree to:
      • take full responsibility for ensuring that any information you provide to Ailira is true, accurate and complete;
      • acknowledge that Ailira does not constitute the provision of legal services;
      • take full responsibility for documents and information that you get from Ailira and make any legal decisions yourself;
      • consider any recommendation that Ailira or a staff member of Cartland Tech makes that you should get independent legal advice;
      • pay the subscription fee (as applicable for each service used);
      • create a username and password when using Ailira and not to divulge your username or password to any one or allow others to use your username and password;
      • amend your user details whenever your circumstances change; and
      • use Ailira for its intended purposes only and not to use Ailira for any illicit purposes including to disseminate hate speech or similar views or any other illegal activities; and
  2. you agree not to:
    • use Ailira to access other accounts, data or information from other users;
    • use Ailira to promote any third parties; and
    • interrupt the operation or programming structure of Ailira or encourage anyone else to do so.

Cartland Tech’s Intellectual Property

  1. you agree that Cartland Tech’s Intellectual Property including any documents generated by Ailira are the property of Cartland Tech.

Fees

  1. Cartland Tech’s fees for each Ailira service and subscription are published on ailira.com.
  2. Cartland Tech may update these fees from time to time.

Payments

  1. Payments made through Ailira:
    • will be facilitated through Stripe or the other appropriate third party payment gateway used from time to time;
    • you agree and warrant that:
      • you are immediately liable to pay for documents generated by Ailira;
      • you are immediately liable for the payment of any Ailira subscription fees relating to services used;
      • payments are processed immediately;
      • when you enter you credit or debit card details, you are authorised to use that card for the transaction;
    • payment may be refused if Cartland Tech believes that:
      • the credit or debit card holder did not authorise a transaction;
      • a transaction is considered fraudulent or suspicious; or
      • a transaction requires validation by a credit card provider;

Third Party Sites

  1. When you sign up to Ailira you also agree to the following terms:
    • the current Stripe terms and conditions which can be accessed at https://stripe.com/au/legal;
    • the current Facebook terms and conditions which can be accessed at https://www.facebook.com/terms.php; and
    • the current Skype terms and conditions which can be accessed at https://www.skype.com/en/legal/tou-connect/; and
    • the terms and conditions of any platform that Ailira may be hosted on.

Events of Termination

  1. We may restrict, suspend or cancel your use of Ailira:
    • in the event that you breach these Terms;
    • immediately after providing Written Notice (notification given by email or SMS or via Ailira);
    • if your breach is not rectified within 7 days, Cartland Tech may restrict, suspend or cancel your registration on Ailira without giving notice to you; and
  2. You may de-register your account on Ailira at any time.

Privacy

  1. Your privacy:

Collection of Personal Information

  • in accordance with the Privacy Act 1988 (Cth) Cartland Tech may collect details such as your name, location and address, contact details, age, gender and other personal information. Information such as payment details are not collected by our company and we are therefore not responsible for the security of such information.

Use of Personal Information

  • you consent to Cartland Tech collecting and using your information and personal data for the provision of services through Ailira, including:
    • to enter into transactions with you;
    • to deal with disputes, issues and complaints;
    • for any lawful purposes and as required by law from time to time; and
    • email marketing (if applicable): with your permission, we may send you emails about Ailira, new products and other updates from time to time;

Access to Personal Information

  • you may obtain access to the personal information relating to you that Cartland Tech holds by sending a request to the ‘Contact Us’ form located on ailira.com;

Third Party Services

  • in general, the third-party providers used by Cartland Tech will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to Cartland Tech;
  • however, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information Cartland Tech is required to provide to them for your purchase-related transactions;
  • for these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers; and
  • once you are redirected to a third-party website or application, you are no longer governed by these Terms;

Security

  • to protect your personal information, Cartland Tech takes reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed; and

Changes to Privacy

  • Cartland Tech reserves the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on ailira.com. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Liability

  1. You agree that Cartland Tech is not liable for acts or omissions that cause:
    • the loss of any database files;
    • the loss of any data backup systems;
    • attacks on computer systems;
    • computer virus;
  2. Cartland Tech does not warrant that Ailira:
    • is error free; and
    • will be continuously available, particularly in the event of any power outages or natural disasters.

Indemnity

  1. You agree to indemnify and protect Cartland Tech against any actions, damages, claims, demands, prosecutions, fines and penalties including through negligence which occur as a result or in relation to your actions;
  2. Cartland Tech reserves the right to inspect, assess and test your personal devices and obtain relevant information to determine the extent of loss or damage alleged by you or the validity of a claim made by you.

Arbitration

  1. You agree that if any dispute arises with Cartland Tech, the following procedures apply:
    • (If the dispute is not resolved within 14 days) the matter is to be referred to a mediator in accordance with the following procedure:
      • a mediator will be hired to mediate over the dispute;
      • the mediation will take place via Skype;
      • the mediator will follow the mediation procedure set out by the Resolution Institute. A copy of the mediation rules may be accessed at this website: https://www.resolution.institute/documents/item/1897;
    • (If the mediation process fails) the matter will be referred to an arbitrator in accordance with the following procedures:
      • the arbitration is to be conducted by a single arbitrator (appointed by agreement);
      • if an arbitrator cannot be agreed within 14 days, the arbitrator is to be appointed by the President of the Institute of Arbitrators Australia;
      • the arbitration will be conducted in accordance with the Rules of Conduct of Commercial Arbitrators and any guidelines issued by the Institute of Arbitrators;
      • the decision of the arbitrator will be binding; and
    • Costs of a mediation or arbitration will be borne equally.

No Waiver

  1. you agree that a failure or delay by Cartland Tech in exercising a right does not constitute a waiver of Cartland Tech’s rights to pursue an action.

Governing Law

  1. These Terms governed by the laws of South Australia. You submit to the exclusive jurisdiction to the Courts of Australia.

Right To Vary

  1. Cartland Tech has the right to vary these Terms from time to time as it sees fit. You agree that you will be bound by these Terms including their variations whenever you access Ailira. You agree to review these terms and conditions regularly.

Returns and Refunds

  1. In relation to returns and refunds:

Returns Policy

  • as all of Cartland Tech’s products and services are digital they are deemed “used” after download or opening. This unfortunately means Cartland Tech has a strictly no refund policy in regards to dissatisfaction with product;

Change of Mind – Refunds/Exchanges

  • please choose carefully. Cartland Tech do not provide refunds or exchanges if you have changed your mind or made a wrong selection by mistake. Cartland Tech recommends you carefully preview any orders before adding them to your shopping cart and proceeding with your order. Should you have any questions regarding a particular product, please visit ailira.com;

Adjustment of Order Information

  • all orders are considered final at time of placement. Please check your details carefully before submitting your order. Should you need to make an adjustment to your order, please contact ailira.com immediately. Once an order is placed, there is no guarantee that it can be altered or changed in any way however, we will endeavour to accommodate where possible;

Technology Error

  • if there is an error in a product and that error is caused by the operation of Ailira then Cartland Tech will fix that product at its expense and deliver the corrected product to you as soon as is reasonably possible, or alternatively (at your election) will refund the purchase price for the product or the part of the product that is defective for purpose. This offer to remedy or refund a defect caused by Ailira does not create any further rights – any liability of Cartland Tech is limited in accordance with these Terms and in particular including Clauses 11 and 12.

We pay close attention to the market value of our services. We’ll keep you informed of any changes that we make actually had more detail to keep in front of the competition.

We always try to be innovative and provide the best value to you. You may always propose alternative terms that better suit your situation and we will try to meet your needs.

Kind Regards,

Adrian Cartland
Creator, Ailira
Director, Cartland Tech

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