Copyright © 2021 Genie Lab Pty Ltd. All Rights Reserved.

Terms of Use

1. Background
Thank you for visiting our Terms of Use (Agreement), we are Genie Lab Pty Ltd ACN 647 534 343 of Suite 4c, Level 4, 144 Adelaide Street, Brisbane City, QLD 4000, Australia (Genie Lab, we, our, us and other similar terms). We provide a web-based platform connecting international students, education agents and Australian education providers known as Genie System (Genie System).
This Agreement outlines the terms and conditions associated with your use of Genie System. It is your obligation to ensure that you have read, understood and agree to the most recent terms available at www.genielab.com.au (Website) and on Genie System.
2. Disclaimer
Genie System is provided as a tool to our Users to assist them in the process of applying for enrolment in educational providers and for international visas. We do not provide migration services or migration advice, nor is Genie System a substitution for seeking professional migration advice. We make no warranty or representation as to the accuracy of content shared via Genie System or of any potential results arising from using Genie System.
Furthermore, we do not undertake any background or qualification checks on Users, nor oversee any services they provide to other Users in utilising Genie System. It is the responsibility of Users to ensure they are complying with any applicable laws in the course of utilising Genie System and in vetting any other Users prior to engaging them.
3. Agreement
3.1 Accepting this Agreement
By creating an Account, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to continue using Genie System.
Genie System is not intended for and may not be used by children under the age of 13. By using Genie System, you represent that you're at least 13 years old. If you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement, and they must enter into this Agreement on your behalf.
3.2 About this Agreement
Throughout this Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined in clause 18.1. They aid to clarify the terms and conditions. Please feel free to email us at info@genielab.com.au if you have any questions.
4. Your use of Genie System
4.1 Accounts and access
In order to use Genie System, you are required to provide us with Personal Information and create an Account with us.
Where you have an Account, we grant you a non-transferrable, non-exclusive and revocable licence to access Genie System, subject to the terms and conditions of this Agreement.
You agree to provide any information reasonably requested by us for the purpose of setting up your Account and using Genie System. You warrant that all of the information you provide to us is accurate and complete in all respects, you will inform us by updating your Account details whenever any such information changes and you will not provide false or misleading information.
We reserve the right to reject any new Account in our absolute discretion.
You acknowledge Genie System operates on third party cloud infrastructure and via telecommunication services (Third Party Infrastructure) and it will not be available "locally" from your own servers or devices.
We reserve the right to limit or suspend your Account if in our reasonable opinion you are in breach of any of your obligations or warranties in this Agreement, including, where applicable, the payment of any Subscription Fee. Suspending your account will not constitute a breach of this Agreement by us, nor will it alter, where applicable, your obligation to pay any Subscription Fee.
4.2 User Account types
There are three different account types which a User may select. These are:
(a) Agent: An Agent Account allows you to utilise Genie System to manage multiple Students and Education providers to record and process documents needed for applying for enrolment in education providers and for visas.
(b) Student: A Student Account allows you to utilise Genie System to provide Personal Information and documentation to Agents in the process of applying for enrolment at education providers and for visas.
(c) Education provider: A Education provider Account allows you to utilise Genie System to share information and documentation with Agents in processing a Students enrolment form for enrolment at the User’s education provider.
You acknowledge and agree that you will only have access to the functionality of Genie System that is available to the Account type which you register for.
4.3 System outages and support
Support for Genie System is provided in accordance with the support arrangements as set out on our Website and may vary from time to time.
From time to time Genie System may become inaccessible or unavailable.
If it is necessary to interrupt your use of Genie System, we will endeavour to provide you with reasonable notice (where possible) of when, and the anticipated duration for which, Genie System will be unavailable.
You acknowledge access to Genie System may be changed, interrupted or discontinued for many reasons, some of which are beyond our control and during routine maintenance there may be updates to Genie System which may change the interface and manner in which it functions.
You agree that we are not liable for any loss, foreseeable or not, arising from any interruption to access, planned or not, and any such interruptions will not constitute a breach by us of these terms.
4.4 Account security
Maintaining the security of your Account is important to ensuring your Personal Information, and that data which we process on your behalf, remains safe. We work hard to keep Genie System secure and we ask you to contribute.
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorised employee or agent may create an Account on behalf of your business. You also agree not to disclose your Account security credentials to another person or permit them to access your Account. You are responsible for the activities undertaken using your Account which occur via Genie System, whether such activities are authorised by you or not.
4.5 Conduct which is expressly prohibited
You may only acquire and make use of Genie System for the purpose for which it was created. You must not:
(a) make misleading or deceptive statements via Genie System or regarding any service you offer via Genie System;
(b) in any way tamper with, hinder or modify Genie System;
(c) use Genie System directly or indirectly for any activity or transmit any information or material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces or offends any person;
(d) knowingly transmit any viruses or other disabling features to or via Genie System;
(e) use any screen capture, data mining, robot, crawler or similar data gathering, reproduction or data extraction tools to collect information from Genie System or our Website for any purpose including the sending of unsolicited emails, soliciting our or another User’s clients or duplicating the content of Genie System;
(f) intentionally disable or circumvent any protection or disabling mechanism of Genie System;
(g) install or store any software applications, code or scripts on or through Genie System;
(h) use Genie System in any way which could be reasonably expected to interfere with or damage our systems, any other operator's systems, or another user's enjoyment of Genie System;
(i) create an adaptation or translation of, all or part of Genie System in any way;
(j) use Genie System in a manner which may infringe any other person’s Intellectual Property;
(k) incorporate all or part of Genie System in any other webpage, site, application or other digital or non-digital format;
(l) except to the extent that reproduction occurs automatically through its ordinary use, directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in Genie System;
(m) use Genie System in connection with a breach of any law in Australia or the jurisdiction in which you operate; or
(n) attempt, facilitate or assist another person to do any of the above acts.
4.6 Content and hyperlinks
Most of the content on and shared via Genie System, is produced by other Users and not us. It is to be used or relied on at your own risk. We make no warranty or representations as to the accuracy of the content of other Users.
Genie System may also contain hyperlinks and other pointers to websites operated by third parties. We do not control these third party websites and are therefore not responsible for the hyperlinks, information or downloads available on them. You visit third party websites entirely at your own risk.
Where we provide hyperlinks, we do so only for your convenience and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of the content on the third party website.
5. Agents
Where you have an Agent Account with us, this clause 5 applies.
5.1 Holding an Agent Account
You acknowledge and agree that to hold an Agent Account, you are required to purchase and maintain a subscription to one of our Subscription Packages. Upon payment of the Subscription Fee, we grant you a non-transferable, non-exclusive and revocable license to utilise the features of the Agent Account as outlined in the Subscription Package for the Subscription Period, subject to the terms and conditions of this Agreement.
5.2 Subscription Period
Your Subscription Package will commence when you create an Agent Account for Genie System and will continue for the Subscription Period or until the date of termination of your Subscription Package in accordance with clause 5.6.
5.3 Automatic renewal
If your Subscription Package is not terminated in accordance with clause 5.6, at least 14 days prior to the expiry of the then current Subscription Period, your subscription will automatically renew for a period equal to the current Subscription Period.
5.4 Payment
We will provide you with a tax invoice for the Subscription Fee, which you agree to pay in accordance with the Payment Terms.
Unless expressed otherwise, Subscription Fees are quoted in Australian Dollars and are exclusive of GST, withholding taxes, duties and charges imposed or levied in Australia, or overseas, in connection with this Agreement.
You are responsible for all taxes and all fees and charges applied by the payment gateway provider, which you choose to use.
5.5 No return of funds and no chargebacks
You acknowledge that once a payment is processed via Genie System it is non-refundable, except as otherwise required by law.
To the extent permitted by law, you agree not to ask your bank or other financial institution to chargeback any fees processed via Genie System. If you initiate a chargeback in violation of this Agreement, you agree that we may dispute or appeal the chargeback and instigate collection against you and take such other action we deem appropriate.
5.6 Termination
You may terminate your Subscription Package by sending us a Cancellation Notice or by cancelling your Account via the facility on Genie System. We may terminate your Subscription Package by sending you written notice to the email address noted on your Account. The parties agree, such forms satisfy the requirement that a termination notice be in writing. Termination will take effect, at the end of the then current Subscription Period.
We may terminate immediately in writing where your Account remains suspended for a period of more than 14 days or you are in material breach of this Agreement.
Upon termination of your Subscription Package, clause 16 applies.
5.7 Connecting with other Users
You agree not to connect another User’s Account to your Account for the sharing of information without the express consent of the other User.
6. Education provider Accounts
Where you are a User with a Education provider Account you agree to accept the standard templates generated by Genie System as valid enrolment forms by other Users.
7. Relationships between Users
7.1 We are not a party to the transactions you enter with other Users
You acknowledge that we are not a party to the relationship or any dealings between Users. Without limitation, you are solely responsible for:
(a) determining the suitability of the goods or services provided by other Users;
(b) negotiating, agreeing to, and executing any terms or conditions of an agreement you form with other Users; and
(c) complying with the obligations of any contract you have with other Users.
7.2 We do not guarantee the services of other Users
We do not undertake any due diligence, vet or otherwise perform background checks on Users or the services they provide, nor do we supervise, direct, control, or evaluate Users or their work, nor impose quality standards or a deadline for completion of any User’s services and we do not dictate the performance, methods or processes a User uses to perform their services.
8. Privacy
You agree and consent to us handling your Personal Information in accordance with our Privacy Policy. We may amend our Privacy Policy in our sole discretion. If we amend our Privacy Policy, we will post the new version on our Website.
Genie System operates as a platform to facilitate the sharing of Personal Information and documentation between Users. By uploading such information to Genie System, you consent to us sharing such information with any other Users that you are connect to on Genie System. You should not include Submitted Content to Genie System if you do not want it shared with the other Users you have nominated.
9. Confidentiality
9.1 Confidentiality
A party will not, without the prior written approval of the other party, disclose the other party's Confidential Information.
Each party will take all reasonable steps to ensure that its employees, agents, and any sub-contractors engaged for the purposes of this Agreement do not make public or disclose the other party's Confidential Information.
Notwithstanding any other provision of this clause 9, a party may disclose the terms of this Agreement to its related companies, solicitors, auditors, insurers and accountants. A party will not be in breach of this clause 9 in circumstances where it is legally compelled to disclose the other party's Confidential Information.
9.2 Permitted Disclosures
We may disclose information, including, but not limited to, your Personal Information, where such disclosure is necessary for the proper operation of Genie System, including by transmitting information to other Users or as otherwise reasonably anticipated by the transactions Genie Systems facilitates (Permitted Disclosures).
10. Submitted Content
You undertake not to upload, store, alter, configure or access any data or Submitted Content to Genie System:
(a) if such access or storage would infringe a person’s Intellectual Property right, breach any Privacy Law or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
(b) which is false, misleading or otherwise deceptive in any way;
(c) which is improper, harmful, threatening, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful or otherwise objectionable;
(d) which includes nudity, sex, pornography, adult-oriented content, or explicative or inappropriate language;
(e) containing any computer virus or malicious code;
(f) which advertises goods or services which are illegal to provide in your jurisdiction or the jurisdiction to which you are offering them;
(g) that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age or sexual orientation; or
(h) any other content deemed inappropriate in our sole discretion.
We reserve the right to take down and destroy any Submitted Content, in our sole discretion, and without notice. It is entirely your responsibility to keep copies of any Submitted Content uploaded to Genie System and you must not rely on us storing copies for you.
11. Intellectual Property
We warrant we own or have a licence to use the Intellectual Property in Genie System.
If you provide us with content, including, without limitation, text, photos, images, audio, video, code and any other materials (User Content). Your User Content stays yours. This Agreement does not transfer ownership of User Content to us.
When you provide User Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with Genie System), communicate, publish, and distribute User Content for the purposes of allowing us to provide, improve, promote and protect Genie System. You waive any claims against us relating to any moral rights or similar rights worldwide that you may have in the User Content.
You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content to the extent that it is used within Genie System.
While we reserve the right to take down any User Content which is in breach of this Agreement, you acknowledge and agree we are not required to monitor User Content, nor are we responsible for it.
12. Warranties
We aim to provide the best possible user experience, however, subject to the Non-excludable Conditions, we make no warranties or guarantees that:
(a) Genie System is fault free;
(b) regarding Genie System’s fitness for any particular purpose which we have not expressed;
(c) the qualifications, capabilities or background of any User;
(d) the quality or completeness of any services provided by a User;
(e) the truth or accuracy of any Submitted Content; or
(f) regarding your access to, or the results of your access to, Genie System including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
You warrant Genie System has been obtained at your own discretion and risk and that you will use Genie System strictly in accordance with any guidelines or recommendations contained in the information provided by us or on our Website. Furthermore, you warrant you have made your own investigations into the suitability of Genie System and are not relying on any representation not
13. Limitation of Liability
We expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.
Subject to the Non-excludable Conditions, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:
(a) Genie System being inaccessible for any reason
(b) your engagement with another User of Genie System including any actions or inactions of any User or third party to this Agreement;
(c) incorrect or corrupt data, lost data, or any inputs or outputs of Genie System;
(d) computer virus, trojan and other malware in connection with Genie System;
(e) security vulnerabilities in Genie System or any breach of security that results in unauthorised access to, or corruption of data;
(f) negligence arising from our activities or that of our service providers;
(g) any unauthorised activity in relation to Genie System;
(h) the occurrence of an Event of Force Majeure;
(i) your breach of this Agreement; or
(j) any act or omission by you, your personnel, your associates or any related body corporate under or in relation to this Agreement.
Where a Non-excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to, in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods, or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and in the case of services: the resupply of the services or the payment of the cost of having the services resupplied.
14. Indemnities
You indemnify us, including our directors, employees, contractors, agents, subsidiaries and related bodies corporate against all costs suffered or incurred by us, however caused, arising wholly or partially, directly or indirectly, in connection with this Agreement or your use of Genie System, including any costs arising directly or indirectly from:
(a) your breach of any third party Intellectual Property rights, Privacy Law or any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory) or the jurisdiction in which you are operating;
(b) your breach of this Agreement and any breach arising from the use of your Account;
(c) your negligence, misrepresentations, wilful misconduct or fraud and any such conduct arising from your use of Genie System; or
(d) any dispute arising between yourself and any other User.
15. Dispute Resolution
A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 15 before commencing any legal proceedings.
If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of this Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.
Each party must pay its own internal and legal costs in relation to complying with this clause 15. The mediator’s costs are to be shared equally.
The parties acknowledge and agree this clause 15 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.
16. Termination
Unless clause 5 applies, either party may terminate this Agreement by providing the other party notice in writing. You may terminate this Agreement by sending us a Cancellation Notice or cancelling your subscription via the facility in your Account. Either option satisfies the requirements for termination to be provided in writing. We may terminate this Agreement with you by sending you an email to the email address nominated on your Account.
Upon termination:
(a) you must immediately stop using Genie System;
(b) we reserve the right to permanently erase any data associated with your Account;
(c) you will no longer have access to your Account; and
(d) you must not attempt to access Genie System or register a new Account without our prior written consent.
17. General
Assignment - We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent.
Entire Agreement - This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
Force Majeure - If a party is affected by an Event of Force Majeure, they must immediately notify the other party of the circumstances. The parties' obligations under this Agreement, other than an obligation to pay the Subscription Fees, are suspended for the duration of and to the extent that they are affected by the Event of Force Majeure.
Governing law - The laws of Queensland and the Commonwealth of Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
Notices - The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement:
(a) which we send to you, will be sent to the email address provided to us in your Account and by accepting these terms you give your consent to receive communications from us by email; and
(b) which you send, must be either delivered or posted by prepaid post to the address set out at clause 1 or sent by email to our email address set out at clause 3.2.
Relationship - Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties.
Severability - Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.
Survival – Clauses 8, 9, 10, 11, 12, 13, 14, 15 and any other clause in this Agreement which is expressed to survive or by its nature survives, will survive termination or expiry of this Agreement for any reason.
Variations to this Agreement - We may vary this agreement by giving one month written notice to you. If you do not accept the terms of the variation you may terminate your subscription in accordance with clause 16.
18. Definitions
18.1 Definitions
Unless the terms and conditions of this Agreement state otherwise, the following expressions used in this Agreement have the following meanings:
Account means the username and access credentials used when you access Genie System.
Agreement means this Genie System Terms of Use and any document incorporated into them by reference.
Cancellation Notice means a notice sent by either party, in accordance with clause 16, requesting the termination of this Agreement.
Confidential Information means information that is by its nature confidential, including but not limited to information relating to either party’s personnel, policies, practices, clientele, business strategies, Intellectual Property rights, the system operations associated with Genie System and security credentials. But does not include information already rightfully known to the receiving party at the time of disclosure by the other party or in the public domain other than as a result of a disclosure in breach of its obligations of confidentiality under this Agreement.
Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.
Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Non-excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
Payment Terms mean the requirement to make payment immediately on commencement of this Agreement and at the beginning of each subsequent Subscription Period in accordance with the Subscription Package selected.
Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.
Privacy Law means both the privacy laws in the jurisdiction in which you operate and the Privacy Act 1988 (Cth) incorporating the Australian Privacy Principles.
Privacy Policy means the privacy policy available on our Website as amended by us from time to time.
Subscription Fee means the price for the Genie System Subscription Package as set out on our Website.
Subscription Package means one of the subscription packages advertised on our Website from time to time.
Subscription Period means the period of time for which a license is granted to an Agent Account as set out in the applicable Subscription Package.
You or your means the person or entity using Genie System.
Us, we or our means Genie Lab Pty Ltd ACN 647 534 343.
User means a person who accesses Genie System.
Website means the website located at www.genielab.com.au and any of its subdomains.