Terms

This

website
www.thegeniusportal.com.au, www.geniusspaceenterprise.com or www.elliedeighton.com (“the Site”) is owned and operated by Genius Space Enterprise A.B.N. 67 736492 545 and The Genius Portal Pty Ltd A.C.N 641 808 237 (“we”, “us”, “our”, “The Genius Portal”).

By accessing this Site you agree to the Terms and Conditions under which you may use this Site and enter into transactions with us (“the Terms”). Your access is subject to acceptance of and compliance with the Terms. If you do not agree with

the Terms, do not use this Site and our services.

We accept

no responsibility for the information supplied to us by third parties

and we suggest that you confirm all information contained or linked from

the Site with the relevant third-party provider.

Privacy Policy

1.1. Your personal information will be handled in accordance with our Privacy Policy (“our Policy”).

1.2. We reserve our right to amend our Policy at any time.

1.3. Our Policy is not intended to, nor does it create any contractual or other legal right or obligation in or at any party.

1.4. We shall not be responsible for the privacy practices of third parties with links to this Site.

Security

We use a secure server however The Genius Portal/Genius Space Enterprise makes no warranty with respect to the strength or effectiveness of the encryption of information you send through this Site and it is not

responsible for events arising from unauthorised access to the information you provide.

Intellectual Property

3.1

No trademark or logo on this Site, including our The Genius

Portal/Genius Space Enterprise logo (whether registered or unregistered)

may be used without our prior written permission and that of the

relevant owner of the trademark(s)

3.2 The material

contained on this Site including (but not limited to) the software,

design, text and graphics, advertisements (“material”) are owned and

licensed by us and are protected by International and Australian laws,

and all rights are reserved thereunder.

3.3. You may only

use this Site for your personal and non-commercial purposes. All

material is provided for your use and assistance and you are not

permitted to download any material except when reasonably necessary to

access the Site or a product which you purchase from us.

3.4.

You must not use, copy, modify, transmit, store, publish or distribute

any material on this Site or create any material on this Site without

obtaining prior written permission from us or face possible legal

action.

3.5 The Site may be subject to other intellectual

property rights owned by us or by a third party. No license is granted

in relation to these rights and your use of this Site must not violate

these rights.

Website Use

4.1. You must only use this Site for lawful purposes and in a cooperative and responsible manner.

4.2. Any breach of these Terms by you may result in legal action against you.

4.3. You must not:

- Use another person’s information without consent.

-

Make any fraudulent, speculative or false inquiries or requests using

this Site.Tamper with or make unauthorised modifications to this

Site.

-

Post

or transmit to or via the Site any unlawful, threatening, defamatory, libelous,

indecent or any other material which could give rise to civil or criminal proceedings.

Delete data without consent.

Knowingly transmit any virus or other disabling feature via this Site.

Infringe any laws in any jurisdiction in using this Site.

Attempt to do any of the above acts.

Disclaimer

5.1.

To the extent allowed by law, this Site is provided by us on an “as is”

basis and we do not make any warranties or representations about the

content and suitability of the information contained on this site for

any purpose or the accuracy of the information or contents or any

services supplied through this Site.

5.2. You use this Site and all material obtained from it at your own risk.

5.3.

To the extent allowed by law, we disclaim all warranties and

representations with regard to any information on this Site including

any implied warranties and implied representations including but without

limitation, implied warranties that the products and services offered

and supplied through this Site will be of merchantable quality, fit for

use or will comply with descriptions or samples on this Site.

5.4.

To the extent allowed by law, we shall not be liable for any damages

whatsoever (including negligence) which may be directly or indirectly

suffered in connection with your use or your inability to access this

Site or the purchase and use of any products or services supplied by

this Site. This liability applies to all damages including compensatory,

direct, indirect or consequential damages, loss of data, income or

profit, loss of or damage to property, personal injury and claims of

third parties whether arising under contract, tort or statute.

5.5 We do not warrant that access to this Site shall be free of errors, uninterrupted, timely or free of viruses and defects.

Indemnity

By accessing this Site, you agree to indemnify us against all losses, damages, costs, claims, and expenses which arise from:

Any act by you which is inconsistent with the Terms; or

Any claim, suit, action, demand or proceeding by a third party against us

which is caused or contributed to (either directly or indirectly) by you.

Cookies

Cookies

are small pieces of information sent by a web server to store on a

browser so it can later be read back from that browser. This is useful

for having the browser remember some specific information.

An

example is when a browser stores your passwords and user ID’s. They are

also used to store preferences of start pages or personal pages and

online ordering systems.

If you disable the use of cookies

on your web browser or remove or reject particular cookies from this

Site or linked sites, you may have difficulty in gaining access to all

the content and services on this Site.

Linked Sites

8.1.

This Site may provide links to third-party websites. We shall not

maintain these links nor are we required to maintain or update the

links.

8.2. Links from this site to third-party sites shall

not be construed as any approval, referral, recommendation or

endorsement by The Genius Portal of the owners of the third party

sites, or for any information, goods or services referred to or offered

on the third-party sites unless expressly indicated on this Site.

8.3. We make no warranties and accept no liability in relation to any information contained on any third party sites.

Money-Back Guarantee

In

the event that any product or service sold by us to you is stated to be

subject to a “Money Back Guarantee” or “Satisfaction Guarantee” or

“Cooling Off Period”, we agree to refund sums of money paid by you to us

for that product or service subject to the following terms and

conditions:

9.1 Any request for refund, cancellation of

services, or claim under such guarantee, must be communicated to us in

writing within 7 days of our receipt of your payment for the product or

service to

[email protected]

9.2 Your request for

refund must contain your contact details, particulars of the product or

service purchased and the reason for the requested refund.

9.3

Any product which is the subject of a request for refund must be

returned to us in good order and condition, prior to any refund being

processed.

9.4 1 on 1 coaching with any of The Genius Portal Team members is non refundable.

The

terms of the guarantee are in addition to and are not intended to

modify any obligations which we may have under the Australian Consumer

Law and our obligations at law generally.

Payment for Product and Services by Installments

10.1.

In the event that you choose to purchase a certification program via

installments, please note that you will not be fully ‘certified’ until

payments are completed in full. you will be able to pass your test and

work with clients, however, not claim you are a ‘certified’ client or

utilize ‘certified’ client materials, until such a time that the entire

balance is paid.

10.2. In the event that we agree, at our

discretion, to accept payment for our products and services from you by

installments, you acknowledge and agree that any default by you in

payment of those installments by the due date entitles us to demand

payment from you of the full balance amount owing for those products and

services. Subject to the provisions of clause 9 herein, and our

obligations at law, you have no right to terminate any installment

program without payment for the products and services in full.

General

11.1. Amendments

We

may amend these Terms at any time without notice to you by posting

amended Terms on this Site effective immediately upon posting.

11.2.

Our relationshipNo agency, partnership, joint venture,

employee-employer or franchisor-franchisee relation is intended to be

created between you and us by these Terms.

11.3. Governing Law

This

agreement between you and The Genius Portal/Genius Space Enterprise is

governed by and is to be construed in accordance with the laws of

Western Australia, Australia.

11.4. Termination

We

may terminate this agreement or your ability to access this Site and/or

any other service provided to you by us and any other agreement between

us, immediately, if you breach any of these Terms.

11.5.

SeveranceIf any provision in this agreement is found to be void,

unenforceable or illegal, the provision is to be severed from this

agreement without affecting the validity, legality or enforceability of

the remaining provisions in this agreement which will continue in full

force and effect.

11.6. Non-waiver

If we do

not act in relation to a breach by you of these Terms, this does not

waive our right to act with respect to subsequent or similar breaches.

11.7. Breach of Obligations by The Genius Portal/Genius Space Enterprise

In

the event of any breach of the Terms by The Genius Portal/Genius Space

Enterprise, your remedies shall be limited to damages which under no

circumstances shall exceed the price of the Services.

11.8. Set-Off

You

shall not be entitled to set off against or deduct from the cost of our

services any sums owed or claimed to be owed to you by The Genius

Portal/Genius Space Enterprise

11.9. Force Majeure

Neither

party shall be liable for any default due to any act of God, war,

terrorism, strike, lockout, industrial action, fire, flood, drought,

storm or other events beyond the reasonable control of either party.

11.10. Default

If

you default in payment of any amount of money owing when due, you shall

indemnify The Genius Portal/Genius Space Enterprise from and against

all costs and disbursements incurred by The Genius Portal/Genius Space

Enterprise in pursuing the debt including legal costs on a solicitor and

own client basis and The Genius Portal/Genius Space Enterprise costs.

11.11. Suspension of Services

Without

prejudice to any other remedies that The Genius Portal/Genius Space

Enterprise may have, if at any time you are in breach of any obligation

hereunder (including those relating to payment) The Genius Portal/Genius

Space Enterprise may suspend or terminate the supply of Services to you

and any of its other obligations under the Terms.The Genius

Portal/Genius Space Enterprise shall not be liable to you for any loss

or damage you suffer because The Genius Portal/Genius Space Enterprise

has exercised its rights under this clause.

11.12. Administration Fees

If

any account remains overdue after thirty (30) days, then an amount of

the greater of Twenty Dollars ($20.00) or Ten Percent (10%) of the

amount overdue (up to a maximum of $200.00) shall be levied for

administration fees which sum shall become immediately due and payable.

11.13.

Interest on Overdue Payments Interest shall accrue on any overdue

payments owing by you to us at the rate of 2.5% per month, or part of

the month, that the payment is outstanding. Such interest shall be

calculated monthly on a compounding basis.

11.14. Representations

You

acknowledge and agree that in purchasing our products and services you

have not relied upon any representations made to you by our agents or

representatives, or other third parties, unless those representations

are set out in these terms and conditions, or those representations are

confirmed in writing by our authorised director.

11.15. Attendance at our Events

If

you attend any event convened by us in the provision of our services to

you, it will be your responsibility to conduct yourself in accordance

with reasonable standards of behaviour. We shall be entitled to

terminate your participation in such events if we determine that you

have breached such reasonable standards of behaviour by, including but

not limited, to being uncooperative, aggressive, abusive or disruptive.

You will not be entitled to any refund for the sum of money paid for or

in connection with that event or our services and products if your

participation is terminated as set out herein.

11.16. Acceptance of these Terms and Conditions

You

shall be deemed to have accepted these terms and conditions if:– You

access and use the Site; and/or– You purchase any of our products or

services.

CONTACT INFORMATION

The Seller of this product is:

Genius Space Enterprise Business Owned and Operated by The Genius Portal Company

Mailing address: The Genius Portal PTY Ltd

4 Timperley Road Bunbury

Western Australia

Contact Email:

[email protected]

All Rights Reserved.