We welcome you to our website, and encourage you to use our website to acquire information and take advantage of features and services offered on our website. Our agreement to allow you to use our website is subject to your agreement to certain rules for use of our website. The rules are in these Terms of Service. If you use our website, you are considered to have understood and agreed to these Terms of Service, so these Terms of Service are a legal contract between you and us.
In these Terms of Use, the words “U-Genius”, “we”, “us”, and “our” refer to “U-Genius” and its affiliates. The words “you” and “your” refer to “You”.
- Updates
We may change these Terms of Service from time to time, by posting updates to our website. An update will be effective for any website use after the date of the update.
- Electronic Communications
When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.
- Your Account
You have to open an account with us to access the services provided by us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer system, and you agree to accept responsibility for all activities that occur under your account or password.
4. Intellectual Property Rights
The intellectual property rights in this website, including without limitation, in all documents, files, PDFs, text, images and graphics contained in it and in this website’s general “look and feel”, is owned by U-Genius. These works are protected by copyright laws and treaties around the world. All such rights are reserved. U-Genius name, logo and trademark should not be used or reproduced without prior written consent. All content of this website is owned or licensed by U-Genius. You may download, display and print PDF available on this website under your subscription for your personal and non-commercial use only. Any selling of your subscribed course to others or sharing contents of your course to other persons, except your family, is prohibited.
- No Warranty
We attempt to be accurate with regard to information posted on our website. However, we do not warrant that product or other content on this site is accurate, complete, or error-free.
- Payment and Refund
We accept online payments by credit or debit cards using a secure encrypted payment gateway. If you want to cancel the subscription for any reason, you can do so at any time. We do not expect this to happen except in exceptional circumstances, and we’ll not refund your money in any case.
- Termination
This Agreement is effective until subscription is terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from U-Genius and all related documentation and all copies thereof whether made under the terms of this Agreement or otherwise and closing your account with us. This Agreement will terminate immediately without notice from U-Genius, if in U-Genius’s sole discretion you fail to comply with any term or provision of this Agreement, if you are engage in conduct that is illegal or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from U-Genius and all copies thereof, whether made under the terms of this Agreement or otherwise.
- DISCLAIMER
U-GENIUS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO U-GENIUS.COM.AU OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” U-GENIUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO U-GENIUS.COM.AU AND ANY WEB SITE WITH WHICH IT IS LINKED.
U-GENIUS DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON U-GENIUS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT U-GENIUS.COM.AU, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF U-GENIUS OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. U-GENIUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON U-GENIUS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
- Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL U-GENIUS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON U-GENIUS.COM.AU, EVEN IF U-GENIUS OR A U-GENIUS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL U-GENIUS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION [WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE] EXCEED THE AMOUNT PAID BY YOU OR (AUD) $100.00 WHICH EVER IS LESS.
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING U-GENIUS.COM.AU AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
- Indemnification
By using U-Genius.com.au, you agree to indemnify, defend and hold harmless U-Genius from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on U-Genius.com.au; or (3) any material uploaded by you or through your computer to U-genius.com.au or otherwise sent by you to U-Genius. You will co-operate as fully and reasonably as required by U-Genius in the defense of any claim. U-Genius reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of U-Genius.
- Jurisdictional Issues
U-Genius.com.au is controlled and operated by U-Genius from its offices in Melbourne, Australia. U-Genius makes no representation that materials on U-Genius.com.au are appropriate or available for use in other countries. Those who choose to access U-Genius.com.au from other countries do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- General
- This Agreement shall be governed by and construed in accordance with the laws of the Australia, without giving effect to any principles of conflicts of law. You and U-Genius each agree to submit to the exclusive jurisdiction of the courts of the Melbourne. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.
- Failure or delay of U-Genius to exercise a right or power under these Terms shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.
- You will not transfer or assign any rights or obligations you have under this Agreement without U-Genius’s prior written consent and any attempted assignment without that consent will be void.