Last updated on 6 June 2024
Genius Authoring Pty Ltd
ACN 669 120 978
Introduction
Welcome to Genius Authoring.
In these terms, we also refer to Genius Authoring as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being https://www.geniusauthoring.com.au/ and any other websites we operate with the same domain name and a different extension (‘Website‘).
These terms also apply when you purchase our goods or services (‘Products‘).
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it at https://www.geniusauthoring.com.au/privacy-policy.
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
- Part A: Terms for when you buy Products (applies when you buy)
- Part B: Terms for when you browse and interact with this Website (applies when you browse)
- Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
Part A – For when you buy products…
1. Submitting an order
(a) By submitting an order for purchase of a Product (‘Order‘) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed on the quote or at checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your order and you receive an email from us confirming that your order is proceeding.
2. Accounts
(a) To submit an Order and/or to purchase a Product, you may be required to sign-up, register and receive an account through the Website (an ‘Account‘).
(b) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(e) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
3. Services
3.1 Client obligations
(a) This clause 3 applies to the purchase of our services, including but not limited to document services (‘Services‘).
(b) For any Services that you order, we will provide you with a written service agreement (“Service Agreement”) which both parties will need to sign before the Services can commence. Alternatively, you may provide us with your own written service agreement which both parties will need to sign before the Services can commence.
(c) In the absence of an appropriate Service Agreement, the terms in this document apply to any Services we provide.
(d) You agree that you:
(i) must provide us with all documentation, information and assistance reasonably required by us to perform the Services;
(ii) must respond within a reasonable time if we request additional information; and
(iii) warrant the accuracy of any documentation and information provided to us.
(e) You acknowledge that you may be subject to paying additional fees if you are delayed in providing information to us and we reserve the right to charge any additional fees required for additional time spent on the Services due to your non-compliance with this clause 3.
3.2 Changes to scope
(a) You must pay a ‘change in scope fee’, in an amount reasonably determined by us (‘Change Fee‘), for changes to Services requested by you which alter the agreed scope and require us to perform additional work or incur additional costs (‘Changes‘).
(b) Unless otherwise agreed in writing, we may at our discretion extend or modify any delivery schedule or deadlines for the document services as may be reasonably required by such Changes.
(c) We will only be required to perform Changes, if:
(i) we agree in writing to perform the Changes;
(ii) you confirm in writing that you wish for us to proceed with the Changes and the relevant Change Fee; and
(iii) you pay the Change Fee, in accordance with clause 3 as if it was a Fee.
3.3 Key dates and times
(a) Any due dates communicated to you in relation to the Services are indicative only and are included as a guide for when the Services are expected to be performed.
(b) We may, due to various reasons beyond our control, need to make reasonable adjustments to the due dates. We will notify you if more than a 24-hour variation is required.
3.4 Revisions
(a) Unless otherwise agreed in writing, the Services will include a maximum of two rounds of revisions to the works produced by us (‘Revisions‘).
(b) Any revisions requested by you, additional to the two included rounds of Revisions, will incur further cost to you.
3.5 Acceptance of services
(a) Clients are required to provide feedback and accept the Services and each Revision in writing by any time reasonably specified by us.
(b) Payment of the invoice for any Services provided confirms that you approve and sign-off on the work that has been done.
(c) Should you not respond to any request for further information, acceptance, or otherwise within 30 days of us providing the Services (including after we issue the Services as part of a Revision), we will declare a project completed and as such works will be determined as the final accepted works. For the avoidance of doubt, we are not required to accept any request for Revisions beyond the included two rounds.
3.6 Compliance with laws
The Client agrees that it will not, by receiving or requesting the Services:
(a) breach any applicable Laws (including any applicable privacy laws); or
(b) infringe the Intellectual Property Rights or other rights of any third party or breach any duty of confidentiality.
4. Goods
(a) We will endeavour to ensure that the Products that are goods, including but not limited to publications and imagery (‘Goods‘), will be substantially the same as the Goods displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Goods may not exactly match the image on our Website.
(b) Until the price of your Goods are paid in full, title in those Goods are retained by Genius Authoring. Risk in the Goods will pass to you on delivery in accordance with clause 7. Delivery must not be refused by you.
5. Online courses and subscriptions
This clause 5 applies to the purchase of our online courses (‘Online Course‘) and our subscriptions.
5.1 Online courses
(a) If you have purchased an Online Course which includes “lifetime” or ongoing access to that Online Course, the Online Course may only be available for a limited period as communicated to you and it is your responsibility to access the Online Course within a reasonable time from purchasing.
(b) Genius Authoring reserves the right to remove or retire any Online Course from the Website from time to time. While we will use our best endeavours to provide you with reasonable notice before we do this, you will not be entitled to a refund where you have failed to make the most out of the Online Course within a reasonable time. If you request to access another similar online course if your chosen online course is no longer available, Genius Authoring may grant this request at its discretion.
(c) We will endeavour to ensure that the Online Course provided will be substantially the same as the Online Course as described on our Website.
(d) The online course may be provided in a pre-recorded video format, which is to be viewed online through your Account and not downloaded, reproduced or republished by you in any way.
(e) The Online Course may also include other materials such as articles, imagery or e-books which may be accessed by you in digital format.
(f) You are responsible for managing your Account and ensuring that you only access and engage with the Online Course in an appropriate manner.
(g) You are granted a limited licence to use the Online Course for your own personal, non-commercial purposes.
(h) You must not give access to your Account to any other person.
(i) We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Online Course to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Online Courses, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the fees.
5.2 Subscriptions
You may purchase a subscription as set out on our Website, which is provided through substack.com (‘Subscription‘). We reserve the right to change the inclusions and fees of our Subscriptions from time to time.
6. Payment
(a) All prices are:
(i) per unit (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Genius Authoring, you must pay the GST subject to Genius Authoring providing a tax invoice.
(d) (Card surcharges) Genius Authoring reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We may use third-party payment providers (‘Payment Providers‘) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
7. Delivery and shipping
(a) (Delivery Costs) Delivery costs for Goods may be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(b) (Delivery Details) Genius Authoring may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i) delivery is to the delivery point specifically accepted by Genius Authoring; and
(ii) we will deliver the Goods to you in accordance with the shipping information displayed on our Website.
(c) (Delivery Issues) Third-party courier terms apply to the delivery of the Goods to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and may be subject to postal delays for reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(d) (International Orders) Genius Authoring reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
8. Changes to your order
8.1 Cancelling an order for goods or an online course
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you.
8.2 Cancelling a subscription
If you wish to cancel an automatic renewal of a Subscription, you must cancel this at https://geniusauthoring.substack.com/account prior to the start of the next renewal of each Subscription. If you do not cancel your Subscription prior to the renewal of your Subscription, then your Subscription will automatically renew and you will be automatically billed fees for your Subscription.
8.3 Returns and exchanges
(a) Due to the nature of the materials, we do not offer change of mind refunds. We may however at our sole discretion offer a full or partial refund.
(b) Nothing in this clause 8 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).
9. Intellectual property
9.1 Our IP
(a) Intellectual Property Rights in the Products and any other related information or materials (‘materials‘) are owned or licensed by us. This excludes products owned or licensed by you that we create, modify, develop or otherwise work with on your behalf as part of our document services delivered to you.
(b) Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.
(c) You will not under these terms acquire Intellectual Property Rights in any of Our IP.
9.2 Definitions
For the purposes of this clause 9:
(a) “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.
(b) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
10. Subcontracting
We may subcontract any aspect of providing the Services and you hereby consent to such subcontracting.
11. Third-party suppliers
(a) We may do any of the following:
(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third-party suppliers,
without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
12. Vouchers and discount codes
(a) We may provide promotional offers and codes offering a discount on the Products (‘Vouchers‘). To use a Voucher, you will need to enter its code at checkout.
(b) A Voucher may not be applied retrospectively. Vouchers are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply and these will be set out on the Voucher.
13. Disclaimers
(a) While the Products are intended to help you become a better writer and develop your greater human potential, the Products and any information contained therein are general in nature.
(b) The provision of our Products do not take into account your personal circumstances or specific goals.
(c) All information provided by us is not intended to be financial or medical advice of any kind and should not be relied on as such. Many factors will be important in determining whether you achieve the goals you have set when acquiring our Products (‘Objectives‘), and there is no guarantee that you will be able to reach any of these aforementioned Objectives within any timeframe or at all.
(d) You should obtain appropriate financial, legal and other professional advice before relying on the information provided by us. We make no representation or guarantee that our Products will be useful or relevant to you or that applying any ideas, recommendations, methods or techniques we provide to you will achieve any particular outcomes.
14. Collection notice and privacy
(a) We may collect personal information about you in the course of providing you with our Products, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
(c) By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
Part B – For when you browse this website…
15. Access to and use of the website
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
16. Your obligations
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Genius Authoring;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Genius Authoring, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
17. Information on the website
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
18. Intellectual property
(a) Genius Authoring retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (‘Website Content‘) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Genius Authoring or as permitted by law.
(c) In this clause 18, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
19. Third-party terms and conditions
(a) You acknowledge and agree that third-party terms & conditions (‘Third-Party Terms‘) may apply.
(b) You agree to any Third-Party Terms applicable to any third-party goods and services, and Genius Authoring will not be liable for any loss or damage suffered by you in connection with such Third-Party Terms.
20. Links to other websites
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
21. Third-party platform
(a) This Website is powered by a third-party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: https://wordpress.com/tos/.
(b) To the maximum extent permitted under applicable law and our agreement with our third-party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
22. Security
Genius Authoring does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference. These precautions include you choosing a strong password when you register an Account or Subscription with us and setting up two-factor authentication (2FA) where possible for your access to your Account or Subscription.
23. Reporting misuse
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
Part C – Liability and other legal terms
24. Liability
(a) (Liability) To the maximum extent permitted by applicable law, Genius Authoring limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by Genius Authoring to the total Fees paid by you to Genius Authoring under the most recent Order.
(b) Claims for loss of or damage to Products in transit must be made against the carrier.
(c) Products sold by Genius Authoring will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(d) All other express or implied representations and warranties in relation to Products and the associated services performed by Genius Authoring are, to the maximum extent permitted by applicable law, excluded.
(e) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(f) (Indemnity) You indemnify Genius Authoring and its Director, employees, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounters the services or goods through you) arising from you or your representatives’:
(i) breach of any third-party intellectual property rights;
(ii) breach of any of these terms;
(iii) use of the Website;
(iv) negligent, wilful, fraudulent or criminal act or omission; or
(v) use of any goods or services provided by Genius Authoring.
(g) (Consequential loss) To the maximum extent permitted by law, under no circumstances will either party be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Genius Authoring (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
25. General
25.1 Governing law and jurisdiction
This agreement is governed by the law applying in Australian Capital Territory, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of the Australian Capital Territory, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
25.2 Waiver
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
25.3 Severance
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
25.4 Joint and several liability
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
25.5 Assignment
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
25.6 Costs
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
25.7 Entire agreement
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
25.8 Interpretation
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
26. Notices
(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.
