GénieLab Terms of Service
October 25, 2020
For the purpose of this agreement, the word “must” and “will” constitute a requirement, while the words “should” and “could” constitute a suggestion but not a requirement.
3. GenieLab is a Service
The Site is a platform for enabling the connection between individuals (“Users”) and/or institutions (“Institutions”) and GenieLab. GenieLab provides access to an educator for Users who may or may not be registered on behalf of an Institution. GenieLab will make every effort to ensure that an educator is online at all times of day, unless otherwise noted in writing on the Site. In the event an educator is not available in a particular field where a User seeks support, GenieLab should inform the student when the next available Educator will be accessible. Users do hereby represent, understand and expressly agree that GenieLab will make every effort to control the quality, timing, legality or any other aspect whatsoever of the services actually delivered by its Educators. Institutions will be responsible for of the integrity, responsibility or any of the actions whatsoever of the Users. GenieLab makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Educators. GenieLab, resellers, distributors, and licensees does not assume any responsibility for the accuracy or reliability of any information provided by Educators on this Site. GenieLab does not assume and expressly disclaims any liability that may result from the use of this information. GenieLab is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. All users including both Institutions and Educators do hereby expressly agree not to hold GenieLab (or GenieLab’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, resellers, licensees, distributors, or employees, hereinafter “Affiliates”) liable for any instruction, advice or services delivered which originated through the Site and GenieLab and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
Users may seek the services of an Educator through the use of the Site. Users agree not to provide Educators or other Users of the Site with any private or confidential information that could be considered sensitive or inappropriate. GenieLab will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site, you do hereby represent, understand, and expressly agree to hold GenieLab harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. GenieLab will use its reasonable efforts to monitor profiles, actions, comments, and general usage of the Site and suspend privileges to any User or Educator not adhering to the policies of the Site and will not issue refund for services paid in the event that usage privileges are revoked. You agree to take reasonable precautions in all interactions with other users of the Site. It is forbidden for Users and Educators to meet offline or in person. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to GenieLab immediately by notifying GenieLab of the same via electronic correspondence.
6. Exclusive Use
Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
7. Information Provided by Users
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. GenieLab is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site. Users as well as any and all Institutions linked to a User’s account are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, “Content”) that are published or displayed (hereinafter, “post”) on the Site, or transmitted to other users of the Site. Users will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Users will not provide inaccurate, misleading or false information to GenieLab or to any other user of the Site. Users understand and agree that GenieLab may review and delete any Content, in each case in whole or in part, that in the sole judgment of GenieLab violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site. Users and Educators grant complete access to affiliated Institutions to review, record and process any Content that has been provided on the Site. Affiliated Institutions who have been granted access to their student’s conversations agree that any information transmitted by Users and Educators is confidential and not to be shared with individuals outside the Institution. By posting Content to any public or member area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to GenieLab, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. Users and Educators further represent and warrant that public posting and use of your Content by GenieLab will not infringe or violate the rights of any third party. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations. Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by GenieLab, are those of their respective authors. Such authors are solely responsible for such content. GenieLab does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will GenieLab or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.
9. Links to External Sites
10. Coppa Compliance
11. Prohibited Use
12. Confidential Data Usage
All data provided, and collected through GenieLab is to remain private and confidential. Students and Tutors agree to allow GenieLab use of anonymous conversations and student data in a research and or commercial manner in order to improve the quality of the service. No student information will ever be provided to any third party organization outside the GenieLab network under any circumstances.
13. Third Party Verification Service
GenieLab relies on a third-party verification service to verify information such as, but not limited to, name, address, social insurance number, and criminal background of Tutors. By using the Site, you do hereby represent, understand and expressly agree that GenieLab is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service. In addition, you understand that GenieLab may review the information provided by the third-party verification service and that GenieLab retains the right to terminate any GenieLab membership based on the information.
14. No Warranty
The information and materials contained in this website, including text, graphics, information, links or other items are provided “as is”, “as available”. GenieLab DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
15. Disclaimer of Warranty
No Warranties. GenieLab PROVIDES THE SERVICES ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GenieLab DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. GenieLab DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, GenieLab MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY MEMBER OF OUR SITE TO PROVIDE SERVICES AS A TUTOR OR TO SECURE THE SERVICES OF A TUTOR, INCLUDING, WITHOUT LIMITATION, PARTICIPANTS IN ANY THIRD PARTY VERIFICATION SERVICE OFFERED ON OUR SITE. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by GenieLab, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. GenieLab DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN GenieLab. UNDER NO CIRCUMSTANCES WILL GenieLab BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
16. Assumption of Risk
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with Members of the site. You agree to take all necessary precautions, including but not limited to following the recommendations set forth in GenieLab’s Safety Tips, when interacting with others Members of the site.
17. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will GenieLab or its Affiliates, be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site, including without limitation damages related to any information received from the Site, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if GenieLab or its Affiliates, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL GenieLab’S OR ITS AFFILIATES AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID GenieLab FOR THE USE OF ANY SERVICES, THE AMOUNT OF CAD$25.00 OR ITS EQUIVALENT. No Liability for non-GenieLab Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GenieLab OR ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. In addition to the preceding paragraphs of this section and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. GenieLab makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
19. Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting GenieLab and providing the following information: Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. Your name, address, telephone number and (if available) e-mail address. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf. A signature or the electronic equivalent from the copyright holder or authorized representative.
20. Notice of Trademark Rights
21. Jurisdiction and Choice of Law
If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the Province of Quebec, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the provincial and federal courts of the Province of Quebec, for the resolution of any such dispute.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will insure to the benefit of the legal representatives, successors and assigns of the parties hereto.
23. Contact Information
If you have any questions or need further information as to the Site or Service provided by GenieLab, or need to notify GenieLab as to any matters relating to the Site or Service please contact GenieLab at:
4577 Rue de Bullion
Montreal, QC, H2T 1Y7