GENIUS ABACUS

@ Terms and Conditions

Client’s (students’ and parents’/guardians’) use of our services is subject to legally binding terms and conditions as specified herein. Carefully read the following terms and conditions before accessing or using our website and service. The use of our services indicates the acceptance of the following terms and conditions and client’s agreement to be bound by them. These terms and conditions regulate the business relationship between you and us when you use the website https://www.geniusabacus.com.au (Our Website). By using Our Website in any way, or by purchasing our Services, you agree to be bound by them. No person under the age of 18 years may use our Website and Services or provide personal information to us. Persons under age 18 may only use our Website and Services with the involvement and consent of a parent or legal guardian. The following terms and conditions form a binding agreement between Client and Genius Education Consulting Pty Ltd. We may change these terms and conditions at any time without advance notice. Genius Education Consulting Pty Ltd reserves the right to alter these terms and conditions. The continued use of our services after any change means client has accepted the changed terms and conditions.
  1. Disclaimer The information contained in this document (“Information”) has been prepared for general information and it is not intended that the Information be relied on by recipients. Genius Education Consulting Pty Ltd does not give any warranty as to the accuracy, reliability, or completeness of the Information and accepts no responsibility for updating or correcting any part of the Information.
    Genius Education Consulting Pty Ltd and its employees, contractors and consultants do not accept any liability (whether arising in contract, or tort, or negligence or otherwise) for any error, omission or misrepresentation in relation to the Information or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) incurred by any person whatsoever arising out of or referable to the Information on this document.
    By agreeing to use and pay for the service provided by Genius Education Consulting Pty Ltd, you agree to these terms and conditions of service. If a breach of any of these terms is found, the Client’s service will be terminated.
    We disclaim any warranty that any information, advice and material obtained in the course of providing the Service will be accurate, complete, reliable, current, useful or error-free. To the extent permissible at law, the Service is provided on an “as is” and “as available” basis, without warranties of any kind other than those prescribed under the Australian Consumer Law or other applicable law.
    Genius Education Consulting Pty Ltd does not make any representations or warranties that the Website, and/or Student access to the Service and/or the Centre will be uninterrupted or always available.
    Genius Education Consulting Pty Ltd does not guarantee that any given tutorial or other planned activity will always be available or performed as scheduled. Genius Education Consulting Pty Ltd does not provide, nor do we accept any responsibility or liability for a Student’s devices nor any other costs associated with their use of the Service, nor for the safety or security of any personal belongings used by the Student.
    You accept that information or advice found or made available through the Service and at the Centre is general information, is not in the nature of advice and is not guaranteed to be error-free. Independent enquiries should be made before relying on anything said or done in the course of the provision of the Service. The Service is not intended to replace regular class attendance or each Student’s own taking or generating of notes.
    The Service is intended to be used in conjunction with and not as a substitute for a Student’s own study notes and directions from their regular teachers. The Student is responsible for maintaining classroom attendance and good study habits and following the necessary syllabus.
    Genius Education Consulting Pty Ltd does not represent or warrant that using the Service will lead to any particular study outcome or academic result and disclaim any warranty that the Service can be relied upon.
    Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and the remedies available to you will be limited to the extent permissible at law.
    To the extent permissible at law, in no circumstance will Genius Education Consulting Pty Ltd be liable to you for any indirect, incidental, special and/or consequential loss or damage (including loss of profits, revenue, production, goodwill, data or opportunity including educational opportunity) of any nature arising through or as a result of your use of the Service or materials purchased or obtained through it.
  2. Privacy Genius Education Consulting Pty Ltd is the sole owner of all information collected on the website and this form. You acknowledge and consent that any Information provided to Genius Education Consulting Pty Ltd in connection with the use of their service may be used by Genius Education Consulting Pty Ltd for its own purposes, including but not limited to marketing purposes, planning, product development and research purposes. Your personal information will be kept absolutely confidential by Genius Education Consulting Pty Ltd and will not be given to any other party except as agreed by you in the course of business terms and conditions, or if formally requested by law enforcement agencies.
    If you disclose to Genius Education Consulting Pty Ltd or we find out certain information about you that Genius Education Consulting Pty Ltd believes could be harmful to you or to others, we may disclose this information to the relevant authorities, including your parents, your school, a health care professional or anyone else we deem necessary that will assist Genius Education Consulting Pty Ltd with dealing with the situation.
    By agreeing to our service, you also consent to any images/video/audio taken during lessons or out of Students time for any marketing purposes.
  3. Copyright, Trademarks & Intellectual Property Copyright in all information and other materials used within (including information and its arrangement) are owned by Genius Education Consulting Pty Ltd. All rights are reserved. Students may access materials on our Websites during the term of their enrolment. Copyright in materials provided through the Service is either owned by Genius Education Consulting Pty Ltd or licensed (whether explicitly or implicitly to us).
    Except as permitted under applicable laws, no part of their services may be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purpose without the express written consent of Genius Education Consulting Pty Ltd. You may not use a part of this website on any other website, or link any other website to this website, without the express written consent of Genius Education Consulting Pty Ltd.
    Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised under such legislation by this Agreement, with Genius Education Consulting Pty Ltd’s prior written permission or where you are the owner of copyright in the materials in question, you may not in any form or by any means reproduce, copy, adapt, translate, store, distribute, re-distribute, purport to sub-license, on-sell, print, display in public, perform, communicate to the public or create derivative works from the materials Genius Education Consulting Pty Ltd provides or make available in the course of providing the Service, or any substantial part thereof. Such materials are licensed to you/the Student for personal, private, non-commercial use only.
    Any resources given to the Client by a Tutor from Genius Education Consulting Pty Ltd should not be shared with other students who do not attend lessons with Genius Education Consulting Pty Ltd. Instead, they should be kept to the benefit of the Client. The brands “Genius Education Consulting Pty Ltd” and “Genius Abacus”, including any logo version of that trade mark, belong to Genius Education Consulting Pty Ltd and may not be used by you without Genius Education Consulting Pty Ltd’s prior written consent.
  4. Services & Information By agreeing to accept the service provided by Genius Education Consulting Pty Ltd, the Client understands that our tutors are trained to help them excel in alternate mathematics such as Abacus and Vedic Maths to the best of their abilities. All students have access to the resources of the company as advertised and are also able to contact their tutor at any time. Genius Education Consulting Pty Ltd performs our services in a manner to respect student confidentiality. We voluntarily follow the Code of Conduct as set out by the Australian Tutoring Association that obliges us to use our resources for the best educational outcomes for students, use our teaching and learning practices to enhance out student’s self-esteem and confidence to learn and use our skills to the best of our ability to teach students so that they improve in the subjects in which they receive tuition. Upon enrolment and at other times during the course of providing the Service, we may collect information, including your and the Student’s names, address, dates of birth, email addresses, phone numbers and other relevant details. We may ask to be kept updated on your academic performance.
    You agree to provide accurate and complete information and to keep this information updated when interacting with us. You declare that the information provided to us for the purposes of enrolment and seeking and continuing enrolment will be complete and accurate.
  5. Fees Entitlement to enrolment and other Services is conditional on us receiving the applicable Enrolment form and any other necessary initial forms. The applicable Fees are indicated and updated from time to time. Except as set out in this Agreement, Fees are payable on the basis that the Student is enrolled for and required to pay in respect of the duration of the course but we allow the payment to be made in instalments in advance on a monthly and term basis. The fees will be calculated at a rate agreed in advance between Genius Education Consulting Pty Ltd and the Client based on the price list provided by Genius Abacus. Genius Education Consulting Pty Ltd provides discounts if an entire year or an entire term are paid in full at the agreed percentage between Genius Education Consulting Pty Ltd and the Client.
    Fees are charged and payable in Australian dollars (AUD), Fees are exclusive of and do not include any Goods and Services Tax (“GST”) that may be payable in relation to the provision of the Service unless otherwise stated and in the event that GST is payable. You must pay to us an additional amount equal to the amount of any GST payable by the supplier of the Services.
    Unless we agree otherwise in writing, Fees do not include charges relating to the supply of any printed or other materials or optional additional services (including the conduct of intensive or extra classes, private tutoring, exam revision and other services designated as excluded on our Website), for which additional charges may apply as notified from time to time.
    All other printed or online material as well as equipment required to complete the course should be purchased separately from Genius Education Consulting Pty Ltd. These may include books, stationery, tools, bags and others items, as required.
  6. Payment The billing process will be under the control of Genius Education Consulting Pty Ltd. All payments are to be made in advance before the commencement of the class. We reserve the right to obtain validation of your payment details before granting use of the Service.
  7. Cancellation Policy Client may always cancel sessions more than twenty-four (24) hours in advance of the designated start time. This is done by emailing Genius Education Consulting Pty Ltd and letting them know in writing. Cancellations made more than twenty-four hours in advance will incur no penalty, and will result in a rescheduled lesson within the same week. Cancellations made less than twenty-four hours in advance of the designated start time will be considered “late cancellations” and will be charged as normal. If Genius Education Consulting Pty Ltd needs to cancel a session, a full refund for that class will be issued to the Client.
    In the event that the Client wishes to terminate their service, they must provide 14 days’ written notice to Genius Education Consulting Pty Ltd. If you have paid upfront for the Services, on your request we shall issue a refund of any unused lessons, less the fees for the two (2) weeks notice period.
  8. Student Conduct & Behaviour In the course of attending lessons or otherwise using the Service Students must not:
    • Do anything that is disruptive or damaging to others or the Genius Education Consulting Pty Ltd facilities, environment and personnel. This includes refusing requests that mobile phones and other similar devices be turned off or kept on silent mode during classes;
    • Say or represent anything that is defamatory of another student or any other person or do or say anything that is racist, homophobic, misogynistic, abusive, hateful, threatening, hostile, intimidating, bullying, harassing or constitutes an invasion of privacy;
    • Incite hatred or discrimination against any person or group of persons;
    • Engage in conduct that is misleading, false, deceptive, insulting, derogatory or
    • Infringe any third party’s intellectual property rights (including copyright) or breach confidentiality;
    • Do or say anything that is vulgar, obscene or profane, is inflammatory or contains expletives;
    • Do anything that involves use of a photograph or other likeness, or personal or private information of another person without their consent;
    • Do or say anything that involves impersonating another person (especially but not only teaching staff or our staff) or misrepresents your relationship with any person;
    • Bring or permit third parties who are not enrolled into our Services for the purpose of using the Service; or
    • Promote or encourage unlawful conduct or activities.
    If Genius Education Consulting Pty Ltd becomes aware of any Student conduct that breaches the terms of this Agreement, we may terminate this Agreement, and/or terminate or suspend the Student’s Enrolment or other access to classes and Services. In addition, we may also seek any other remedies available at law. We may also disclose a Student’s identity (and if appropriate your identity as the Student’s parent or guardian) and related information in the event that we receive a complaint (for example, from another Student or their parent/guardian), if legal action is threatened or commenced against us and/ or in respect of the Student’s conduct and activity. We have the right to escort and remove the student from our Services for inappropriate behaviour.
    This Agreement may be terminated by us on written notice to you if there is a breach of this Agreement and we have provided you with 7 days’ written notice to remedy that breach and you have not remedied the breach, or immediately if the breach is incapable of remedy. No refunds are available in the event of termination for your/ Student breach.
  9. Late Arrival & No-Show Policy There will be no rescheduling or discount allotted for late arrival. If Client shows up to the session late but within fifteen (15) minutes of the designated start time, the session will be held for the remainder of the time reserved. A Client is considered a “no-show” if he/she fails to show up to the session within fifteen (15) minutes of the designated start time. If the Client is over fifteen (15) minutes late, the session will be cancelled without any refund.
  10. Special Offers & Rewards Occasionally, Genius Education Consulting Pty Ltd may provide special promotional offers such as a free day pass or ‘bring a friend’ promotions. Each such offer will have and be subject to its own terms and conditions, but if you sign-up to a special promotion you also agree to be bound by this Agreement.
    Genius Education Consulting Pty Ltd may also provide incentive schemes designed to reward you for introducing or referring others who take up enrolment. Where you have referred such Students to us by providing their details to us, we may provide you with rewards such as vouchers or other benefits subject to that Student enrolling to the services offered by Genius Education Consulting Pty Ltd
  11. Trial Lessons Genius Education Consulting Pty Ltd provides trial lesson to new students only. Trial class is subject to availability at the discretion of Genius Education Consulting Pty Ltd. A Genius educator would contact you for confirmation of trial class until such time, the class is not confirmed. Trial class does not guarantee acceptance into the Genius Abacus Program or any other Genius program. The child must not have previously attended a Genius Education trail class. Parents and guardians are not allowed to sit in the class due to the Workplace, Health and Safety regulations. The trial class is non-transferable between programs or students. Genius Education reserves all rights to deny any trial class or enrolment application at their discretion. Trial class and enrolment activities are solely for child education purpose. These Terms and Conditions are subject to change from time to time without prior notice.
  12. Non-Solicitation Client agrees that he/she will not solicit any tutors of Genius Education Consulting Pty Ltd to work for his/her own or any other personal or business ventures. Client agrees that during the period of contract and for a period of one (1) year immediately after termination of this agreement with Genius Education Consulting Pty Ltd, Client will not, either directly or indirectly for himself/herself or for any other person, family or business, call upon, solicit, divert, or take away, or attempt to solicit, divert or take away any of the tutors, business, or partners of Genius Education Consulting Pty Ltd with whom Client has become acquainted during or after Client’s contract with Genius Education Consulting Pty Ltd.
  13. Limitation of Liability & Indemnity In no event will Genius Education Consulting Pty Ltd be liable for any direct or indirect damages arising out of access to or use of its tutoring services beyond its service fee received from clients. As a condition of use of this service, Client agrees to indemnify Genius Education Consulting Pty Ltd from and against any and all liabilities, expenses (including legal fees) and damages arising out of or related to the carrying out of the tutoring by a Tutor introduced by Genius Education Consulting Pty Ltd.
    You agree to fully indemnify and hold Genius Education Consulting Pty Ltd (and our employees) harmless against any expenses, costs, loss or damage (including consequential loss) that Genius Education Consulting Pty Ltd may suffer or incur as a result of or in connection with your or the Student’s use of the Service and any breach by you or the Student of this Agreement.
  14. Refund Policy Genius Education Consulting Pty Ltd reserves the right to refuse a refund for any completed tutoring session. In the case where the tutoring package is partially completed, the balance can be refunded less administration fee on a case-by-case scenario. However, the hourly rate for the completed tutoring sessions will be charged at full price with no discount.
    Except as set out under this Agreement or where required at law, including under the Australian Consumer Law, all Fees are non-refundable. Without limitation, this includes where attendance as a result of the use of the Service is prevented by circumstances such as Student illness or any other factor affecting the Student’s attendance or use of the Service, whether foreseen or unforeseen.
  15. Authority to Enter Agreement You warrant that you have full authority and entitlement to enter into this Agreement as either a Student (of 18 years or over) or the legal parent or guardian of a Student to whom the the classes and Services will be provided.
    You personally guarantee the performance of all of the obligations of the Student under this Agreement. You agree and acknowledge that in the event that Genius Education Consulting Pty Ltd suffers loss or damage as a result of a Student being a minor we reserve the right to take legal action and seek recompense from you as the Student’s parent or legal guardian of that minor.
  16. No Warranties Genius Education Consulting Pty Ltd makes no promises or warranties with regards to a Client’s performance as a result of any tutoring provided. While Genius Education Consulting Pty Ltd and its Tutors will prepare the Client academically to the best of their ability, they are not liable nor do they accept any responsibility for their performance within any examination or assessment task.
  17. Modification & Amendments This Agreement can be modified by amendment and updated on the website of Genius Education Consulting Pty Ltd. Client’s will be made aware of any and all modifications.
    Genius Education Consulting Pty Ltd reserves the right to amend this Agreement when necessary. Amendments will be effective immediately upon publication on the Website and will apply to all transactions occurring and agreements entered into following such publication. Your continued use of the Service following such notification will represent an agreement by you to be bound by this Agreement as amended.
  18. Entire Agreement This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged.
  19. Severability If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.
  20. Headings Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
  21. Additional Acknowledgements Both parties acknowledge and agree that:
    (a) the parties are executing this Agreement voluntarily and without any duress or undue influence;
    (b) the parties have carefully read this Agreement and have asked any questions needed to understand the terms, consequences, and binding effect of this Agreement and fully understand them; and
    (c) the parties have sought the advice of an attorney of their respective choice if so desired prior to signing this Agreement.
  22. Minors Where the Client is a legal minor, the Parent/Guardian shall enter into this tutoring agreement on behalf of the Client and shall accept and agree to all the terms and conditions of the policies contained herein on behalf of the Client.
  23. Governing Law This Agreement is governed by the laws in force in New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia and their Courts of Appeal.
  24. Ethics Code Genius Education Consulting Pty Ltd will conduct their business honestly and ethically wherever we operate. We will constantly improve the quality of our services and operations and will create a reputation for honesty, fairness, respect, responsibility, integrity, and trust.