The Path To Fulfilment
Terms and Conditions

TERMS AND CONDITIONS

These Terms and Conditions (Terms) apply to the client using our Services. In using the Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on the Website from time to time.


DEFINITIONS

Confidential Information means any written or oral information that is provided or disclosed by either party directly or indirectly through any means that is not already in the public domain, and may include personal information, health information, business information, recordings of group sessions, and information provided by you or other participants as part of the Services. 

Health information has the same meaning as set out in the Privacy Act 1988 (Cth).

Materials means blogs, ebooks, literature, newsletters, audio and video recordings, email content, or other material which we may provide you as part of the Services or which enable us to provide the Services to you. 

Personal information has the same meaning as set out in the Privacy Act 1988 (Cth).

Services means the group coaching services including virtual coaching calls, group discussion platform, mindset and other tools, Materials, and related services provided by us, and as agreed from time to time. 

We, Our and Us means Genius Institute Pty Ltd (ABN 65 633 990 762) including its directors, employees, contractors and affiliates.

Website means www.giorgiogenaus.com.

You means the client using the Services. 

SERVICES

We will provide the Services to you in accordance with these Terms. You are bound by these Terms when you instruct us to proceed, by making a payment, or by confirming acceptance via email or other written means. 

We will provide the Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure that any contractors, consultants or representatives that we may engage from time to time will have the relevant qualifications or experience and are under the same standards or requirements.

Any specific terms and requirements relating to the Services must be notified to us in advance and agreed in writing. 

In order to receive benefit from the Services, you understand and agree to commit to a minimum of 4 weeks for our sessions and programs (Minimum Period). 

Services may be provided face-to-face or via web-based means (such as Telegram or similar) or as otherwise agreed. You are responsible for ensuring that you have the appropriate facilities to access and participate in the Services. 


PAYMENT 

By providing us with your payment and credit card details, you authorise payment for the Services. In the event that you have chosen payments to be made on a recurring basis, you hereby authorise such payments to be deducted by us until the full payment has been made under these Terms.

All sessions or Services are non-transferrable. In addition, no sessions may include or be attended by any other person or third party unless agreed in advance by both parties.

In the event that we fail to receive payment of any invoices, or if you do not perform your obligations under these Terms, we may refuse to continue to provide the Services and may terminate the engagement immediately without notice. 

In the event of any late, overdue or unpaid invoice amounts, you will incur a late interest payment at a rate determined in accordance with the Penalty Interest Rates Act 1983. We may also commence proceedings to collect any outstanding debts owed. 

All payment information will be kept in a secure manner in accordance with Australian privacy requirements. Please refer to our Privacy Policy for details on how your information will be kept secure.


CANCELLATIONS 

If you are late to a session, the session will still finish at the scheduled time in order to avoid negatively impacting the sessions following yours and to ensure all group participants are not kept waiting. You will also be charged the full amount for the session.

If you fail to attend a scheduled appointment, you will be charged the full fee for the unattended session. 

If we are late to an appointment, you will still receive a full session or an alternative arrangement agreed between us and you. 


COOLING OFF PERIOD

You have the right to cancel the Services within 14 days of the first payment date without penalty provided no Services have been provided after which our Termination provisions then apply.


GROUP FORUM RULES

In using our Services and participating in any group sessions or forums, you agree to the following: 

  • Any recommendations, comments, information, experiences or other discussions you may participate in (Comments) during any group session must comply with these Terms and be made in the spirit, culture and ethos of the group session and our purpose generally.
  • Confidentiality is paramount to any group session. You acknowledge that all discussions, conversations and, in particular, any identification of any individual is to be kept confidential and not to be discussed or disseminated at any time outside the group. In the event of any breach of this fundamental rule, immediate termination will result and legal action may be taken. 
  • Comments are not permitted that:
  • use aggressive, rude or offensive language;
  • encourage illegal intent including false claims, defamation, harassment, fraud and collusion;
  • solicit business;
  • are abusive or malicious against or may offend any other participant, our staff or any third party;
  • are objectionable or rude; or
  • may be considered bullying behaviour.
  • The Comments and your experiences are meant to try to help other members of the group, be supportive, and to share your guidance and information. Our aim is to encourage helpful comments and feedback in a safe and secure environment and hope that you will assist, benefit from and enjoy this initiative. We ask that you carefully consider any Comments you may make and the impact they may have in a respectful manner.
  • You understand and agree that we may moderate any Comments and ban any person that, in our sole judgment violates these Terms, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of other participants in the group. You may be banned from accessing the group and our Services at any time, without notice, and in our sole discretion. No refund will be provided in the event that we ban you for breaching these Terms. 
  • You understand and agree that we will take any other action, where required, against any person that does not abide by these Terms or where action is taken against us by any person, visitor or third party as a result of your Comments.
  • Opinions, advice and all other information expressed by participants in discussions or Comments are those of the participant and not us. You rely on and/or act any such information at your own risk and need to make your own enquiries before taking any action related to any Comment.
  • Any action you choose to take with any other participant or person in any group, outside the group or indirectly through our Services, including but not limited to the provision of your personal information, telephone, email, arranging a meeting, setting up social media groups or other activities with anyone, is at your own risk. We are at no time responsible for or liable for any action you may choose to take under any circumstance.

RIGHT TO RECORD SESSIONS AND CONFIDENTIALITY

You understand that we record our group sessions and share them online with group participants as part of our Services. By using our Services, you give us permission to make audio and video recordings of group sessions, share them online with all participants in the same group for their benefit as part of the Services, and store the recordings indefinitely. 

You may access the recordings until our engagement  and Services are cancelled or terminated under these Terms.

Both parties agree to:

  • keep confidential and secure;
  • not use directly or indirectly; and
  • not disclose directly or indirectly,

all Confidential Information provided under these Terms or as part of the Services except: 

  • as required by law or any regulatory authority; 
  • with the express written consent of the party that provided the information;
  • which the party using or disclosing the information or otherwise can establish is in the public domain (other than through a breach of these Terms by that party); or
  • in the case of any proposed, threatened or potential emergency involving you, in which case we will only disclose the information to a qualified medical professional and/or agreed nominated individual such as a family member, guardian or friend. 

We will not at any time disclose or allow access by any person or third party to any of the Confidential Information, except if the disclosure or access is to other participants in the same group session who have also accepted these Terms, or unless the disclosure or access is required to perform the Services in which case we will ensure that the person or third party are under the same duty of confidentiality as we are under these Terms.

We will store all Confidential Information in encrypted storage media and only transfer all such information over encrypted communications. 

These confidentiality provisions will survive the termination of the engagement between the parties and will remain until the Confidential Information becomes part of the public domain.



WARRANTIES AND REFUND

Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (ACL). At no time are these statutory rights sought to be excluded.

We represent and warrant that:

  • in providing the Services, we will comply with all applicable laws and industry standards;
  • the Services will be provided to a high standard in accordance with best practice; and
  • the scope of the Services will be limited to that agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in our sole opinion, it would benefit you or be required to meet the requirements of these Terms

You acknowledge and agree that after the Minimum Period, you may request a refund in writing including reasons for this request. A refund of pro-rata prepaid fees will be provided for any Services not provided, less an administration fee. 


DISCLAIMER

You acknowledge and agree that:

  • results of the Services will vary from individual to individual as performance, progress and success of any particular part of the Services are dependent on your own situation and participation, and other factors beyond our control; 
  • we cannot and do not guarantee any particular or any results including but not limited to any increase or improvement in business, income, performance, productivity, employment, relationships, or success; 
  • you are solely responsible for your own progress;
  • if at any time during the Services you feel that your progress is not as expected, it is your responsibility to advise us immediately of any concerns in order to give us an opportunity to address the concerns and assist you. We will use reasonable efforts to resolve the concerns, however at no time do we guarantee or warrant any increase or altered progress or performance;
  • we are only providing you with facts, information, insights and educational material to assist your life, mindset, or business. Our Services do not constitute and should not be treated as formal advice, including financial advice, legal or health advice. You need to make your own enquiries and analysis, including seeking advice from a qualified professional, to determine if any of the information is suitable for your own particular purposes or situation. 


DISPUTES

If at any time any aspect of the Services are not reasonably acceptable to you, or both parties disagree on the quality, substance, or the parties disagree for any reason on the Services, you must immediately notify us of any such reason, the specifics and give us a reasonable opportunity to respond and address any concerns. Feedback and discussion are important to the sessions and the provision of the Services and it is up to you to provide such feedback in order to give us an opportunity to resolve any issue quickly and effectively. 

If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time must any communications or discussions be made public, including but not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.


INTELLECTUAL PROPERTY

We may provide you with Materials from time to time during and to enable the provision of the Services. All Materials are provided without warranties of any kind, both express and implied. Any Materials, both tangible and intangible, which are provided or may be developed as a result of or during the Services is and will remain our property at all times. No Materials may be reproduced or used for any purpose other than your personal private use and at no time may the Materials be reproduced and provided to third parties without our express written permission.


TERMINATION 

If there is any breach of these Terms, the party that has committed the breach must remedy or rectify the breach promptly. 

We may, in our sole discretion, decide to stop the Services for any reason including if we believe that the working relationship has broken down including a loss of confidence and trust, or for any other reason outside our control which has the effect of compromising our ability to perform the Services. In the event of such termination by us, payment must be made up to the date of the last Services and any other monies paid in advance will be refunded to you.

In the event of any termination by you, payment for the full terms of the Services as agreed becomes immediately due and payable unless otherwise agreed by us.


LIMITATION OF LIABILITY AND INDEMNITY

We are in no way liable for any loss or damages whether direct, indirect or consequential which you may suffer in reliance directly or indirectly on all or any part of the Services. You shall indemnify us and hold us harmless from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against us in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).

Our liability is governed solely by the ACL and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded. 

You acknowledge and agree that you use the Services at your own risk. In engaging the Services, you agree that you are liable for and agree to indemnify and hold us harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services, including but not limited to any third-party claims. In particular, you acknowledge that the Services are provided as a guide for your personal and professional development, thought processes and well-being. Any actions, activities or decisions you decide to take as a result of, in conjunction with, or after engaging the Services, is your own decision and we are in no way directly or indirectly responsible for any such actions, activities or decisions. 

In any case, our liability is limited at all times to the amount of the last invoice fees paid by you.


GOVERNING LAW

This Agreement is governed by the laws from time to time in force in the State of New South Wales, Australia. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of New South Wales, Australia for determining any dispute concerning these Terms.


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Giorgio Genaus - Mindset Mentor & Coach
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