GenFuture

GenFuture Program Terms and Conditions

Tower Human Capital Pty Ltd (ABN 15 130 476 247) trading as GenFuture (GenFuture) operates and maintains the “GenFuture Program”, an online career-readiness program specifically designed for young people. The GenFuture Program is made up of information modules presented on an Online Learning Management System, as well as our website, services, social media channels, and other resources made available to you from time to time (the GenFuture Program).

Please carefully read through these terms and conditions (“Terms”) which outlines the terms and conditions of use for the GenFuture Program.

In these Terms:

• “we”, “us” and “our” refers to GenFuture which operates and maintains the career-readiness GenFuture Program.
• “you”, “your” or “user” refers to a user of the Program.
• Materials include but are not limited to text, graphic design, images, audio and video included on the Site and/or any information or documentation we provide to you in relation to your use of the Services.
• Online learning management system means the platform that the GenFuture Program is presented on.
• Thinkific means Thinkific Labs Inc, our third party supplier.
  

The GenFuture Program is available for you to access and use, conditional on your acceptance of and compliance with these Terms. By using and/or accessing our website, services, social media channels, resources and/or other Materials in the GenFuture Program, you acknowledge these terms and conditions and agree to be bound by them. If you do not agree to the Terms, you must not use the GenFuture Program.

1. Amendment

GenFuture may amend or make changes to the Terms from time to time without notification to you. Your continued use of the Program following any changes means that you agree and accept the Terms as amended.

2. Use of Program

2.1 By agreeing to these Terms, you agree and confirm that:

• (a) You are at least 16 years of age and have your parent or guardian’s consent to partake in the Program (if you are under the age of 18 years), or otherwise are over 18 years; and 
• (b) All the information you provide us with must be true, accurate and current and complete.

2.1 GenFuture Program aims to:

• (a) provide general information to you about:
  • self-awareness by way of your PRINT® survey, profile and, report;
  • evaluating job and/ or career options; and  
  • career management.  
    
• (b) Deliver information modules via an online Thinkific.
  

2.3 You acknowledge and agree that you must not use the GenFuture Program:

• (a) for any activities that breach any laws, infringe any party’s rights or breach any standards, or codes or requirements of any government or regulatory authority;
• (b) for any commercial purposes, without our prior written consent;
• (c) to distribute any inappropriate communication, virus, harmful components or other disabling code in any form;
• (d) in any manner which could damage, disable, overburden, disrupt, interfere with or impair the GenFuture Program, or the servers and networks that host the GenFuture Program;
• (e) to interfere with any other party’s use of the GenFuture Program;
• (f) to make unauthorised access or modifications to the GenFuture Program;
• (g) to circumvent, disable or otherwise interfere with the security features of the GenFuture Program;
• (h) in any manner or for any purpose which is contrary to these Terms; or.
• (i) to attempt to do any of the acts above.

3. Sign Up of Your Account 

3.1 Our GenFuture Program is delivered by Thinkific. As such, you must sign up and make payment to Thinkific prior to receiving access to the GenFuture Program. Instructions for account sign up can be found here (https://support.thinkific.com/hc/en-us/articles/360030353834-The-Thinkific-Student-Experience).

3.2 GenFuture is not liable for the security and confidentiality of your account with Thinkific, and is not responsible for Thinkific’s Terms of Services.

3.3 You are required to notify GenFuture of any unauthorised use of your account. GenFuture is not liable for any loss or damage arising in connection with any unauthorised use of your account.

4. Pricing and Payment

4.1 By accepting these Terms, you agree to pay the fees (including GST) for the GenFuture Program using the payment method selected on Thinkific.

4.2 You accept that you are required to pay the full amount of the GenFuture Program fees (Fees) even if you do not complete the GenFuture Program.

4.3 You agree that, if you are under the age of 18, your parent and/or guardian is responsible for the payment of the fees.

4.4 The GenFuture Program will commence on the date your fees are received by GenFuture.

4.5 Billing information can be directly entered into Thinkific, which is processed via a third party platform, Stripe Payments Australia Pty Ltd (“Stripe”). GenFuture is not liable to Stripe’s applicable Terms of Service. Please see Stripe’s Service Agreement before making a payment here (https://stripe.com/en-au/ssa). You also have the option to pay via PayPal Australia Pty Ltd. (“PayPal”) by logging directly into a PayPal account. GenFuture is not liable to PayPal’s applicable User Agreement. Please see PayPal’s User Agreement here (https://www.paypal.com/au/webapps/mpp/ua/useragreement-full).

4.6 Order / Payment receipts will be automatically sent from [email protected]. Should you make a payment via PayPal, you may also be sent a notification via PayPal.

4.7 Payment Plans

• (a) If a payment plan has been selected, the introduction, and module one will be released, following receipt of the first monthly instalment. The PRINT link will be sent within 24 hours. Access to the second module will be provided 32 days after receipt. Access to the third module will be provided 32 days after the second module, after receipt.
• (b) If a payment plan has been selected and an instalment payment has failed, Stripe will make subsequent attempts to process the payment. Access to the Program will be suspended until the payment has been successfully processed as applicable to Stripe’s Terms of Service.

5. External Services

5.1 We may enable access to third-party websites, applications and services through our GenFuture Program website (“External Services”).

5.2 If you access and/or acquire External Services from the GenFuture Program (a “Transaction”), each Transaction is a contract between you and the third party providing the External Services and may be subject to Third Party Terms and Conditions.

5.3 If you access or use External Services you agree that:

• (a) We are not responsible for examining or evaluating the Material of any third-party External Service. By accessing these External Services, you do so at your own risk.
• (b) We do not guarantee the accuracy, integrity or quality of third-party External Services and shall not be liable for any third-party External Services.
• (c) You must comply with any third-party terms applicable to the External Services.

6. Refunds

6.1 We are not required to provide a refund if you change your mind about the purchase of our GenFuture Program. However, if there are exceptional circumstances or you have experienced a fault in the service that cannot be rectified you may submit a request for a full or partial refund to [email protected]. The decision to grant a full or partial refund is at the absolute discretion of GenFuture and shall be assessed on a case by case basis.

7. Liability and Indemnity 

7.1 We make no representations, warranties or guarantees of any kind, express or implied, in relation to the GenFuture Program, including but not limited to any information, content, materials, goods or services included in the GenFuture Program or as to its reliability, availability, functionality, suitability, accuracy, completeness or performance.

7.2 You acknowledge and agree that:

• (a) your use of the GenFuture Program is entirely at your own risk. You are responsible for all of your activity in connection with accessing and using the GenFuture Program;
• (b) we may upgrade, maintain, backup, amend, add or remove features, redesign or alter the GenFuture Program without prior notice to you;
• (c) in the event we come into the possession of your personal information, including your name and identity, applicable laws may require us to disclose personal information to third parties, such as to law enforcement or for the purpose of legal proceedings.

7.3 By accepting these Terms, you indemnify and hold GenFuture harmless against any decisions made by you, as a result of the use of the GenFuture Program.

7.4 To the fullest extent permitted by law, we are not liable for any loss, damage or misconduct, however it arises, whether in contract, statute or tort (including negligence), arising out of, or in connection with:

• (a) The action or inaction of any third party or any problems caused by a third party website or third party service provider. Any such problem shall be governed solely by the agreement between you and that provider.
• (b) Any content that is incorrect, inaccurate or incomplete. If you choose to rely on any such content, you do so at your sole risk; and
• (c) Any third party Sites and/or resources.

7.5 To the extent permitted by law, GenFuture’s liability in connection with these Terms and the GenFuture Program is limited to:

• (a) Supplying the relevant services again; or
• (b) The cost of supplying the relevant services again,
• but in any event will not exceed the fees paid by you to us under the relevant order for the GenFuture Program.

7.6 To the extent permitted by law:

• (a) We exclude liability for any special, exemplary, punitive incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with the GenFuture Program offered by us or in connection with any act or omission by us (negligent or otherwise);
• (b) We do not warrant that the materials and/or any other information contained on the GenFuture Program is secure, confidential, uninterrupted, error-free, accurate, complete, current or reliable.

7.7 We are not liable to you and you release and discharge us and our employees, directors, officers, agents contractors, and representatives (Our Personnel) from:

• (a) all claims and demands on us by you or any third party arising directly or indirectly from, or incidental to, your use of the GenFuture Program
• (b) any loss or damage whatsoever and whenever caused to you arising directly or indirectly from, or incidental to, your use of the GenFuture Program
• (c) any inaccuracy, inadequacy, amendment, or change to the GenFuture Program;
• (d) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the Program by any third party;
• (e) any interruptions to, delays, or inability to access the GenFuture Program caused by any act, omission, or default including of a third party service provider who provides goods or services for use in connection with the Program; and/or
• (f) any direct, indirect, or consequential loss or special damage whatsoever incurred or suffered by you or any third party in relation to the GenFuture Program and/or any matter under these Terms.

7.8 You indemnify us and Our Personnel keep us and Our Personnel indemnified from and against any loss (including direct and consequential loss), damage, or liability incurred by us or Our Personnel arising from any claim, demand, suit, action, or proceeding by any person, arising out of, in connection with, or in respect of:

• (a) any breach of these Terms by you; and
• (b) your use of the GenFuture Program.

8. Intellectual Property

8.1 Unless otherwise indicated, we own or are licensed to use all intellectual property rights (including copyright, trade marks, patents, and designs) subsisting in the content (including any graphics, images, logos, text, material, software, audio, video, Materials and source code) on the GenFuture Program.

8.2 Participants must not modify any Materials on the Site in any way and must not reproduce, share or distribute any of the Material unless written permission is expressly granted by GenFuture Program.

8.3 Participants must keep all Materials confidential, and must not sell, auction, loan, rent, giveaway or otherwise reveal the materials or their contents, to any other person or entity.

8.4 If we have reasonable grounds to suspect that there has been an infringement of our intellectual property  rights, including but not limited to, provisions (10.1), (10.2), (10.3) and/or (10.4), this may result in the termination of the participants’ authorised use of the GenFuture Program, a takedown notice and/or legal action.

8.5 PRINT® and Unconscious Motivators® are registered trademarks. Copyright© The Paul Hertz Group. All content including survey, profiles and reports is copyright protected and permission to reproduce, distribute, or use this content commercially is strictly prohibited without prior signed authorisation.

8.6 If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any materials in any way, please notify us at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other applicable information.

9. Other Applicable Policies 

9.1 The use of the Program is subject to our Privacy Policy at https://genfuture.com.au/privacy-policy/. If you do not agree with our Privacy Policy, in whole or part, please do not use the Site. GenFuture will maintain confidentiality and use the relevant information for the purpose of performing its obligations outlined in these Terms.

9.2 The use of the Site is subject to our Code of Conduct at https://genfuture.com.au/code-of-conduct/. If you do not agree with our Code of Conduct, in whole or part, please do not use the Site.

10. Effective Date and Updates

10.1 These Terms are effective as of 31 January 2024 and are subject to change without notification to you at any time.

10.2 Materials on the GenFuture Program are subject to change without notification to you at any time. Your continued use of the GenFuture Program following any changes indicate your acceptance of such changes. If you do not agree to the Terms, then please do not use the Site.

11. Maintenance

We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Services, or any part of, as necessary to perform maintenance, error correction and/or other changes.

12. Waiver 

Failure of GenFuture to act and/or enforce any right or provision of the Terms does not constitute a waiver or affect the validity of these Terms.

13. Severability

If any provision of these Terms is held to be unlawful, unenforceable, illegal or invalid under the applicable law, that provision and/or term will be severed from these Terms and the remaining terms and conditions will be unaffected.

14. Termination 

14.1 You may terminate your account for any reason by contacting us at [email protected]. After which, you forfeit any future access to the Materials or access to the GenFuture Program.

14.2 GenFuture may refuse to suspend, disable, terminate and/or register your account or otherwise if you do not comply with your obligation under these Terms.

14.3 We may cease operating the GenFuture Program at any time without notice to you.

15. Force Majeure

We are not liable for any suspension or failure to provide the GenFuture Program if such suspension or failure is caused by circumstances beyond our reasonable control, including but not limited to, any force majeure event, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

16. General 

These Terms constitute the entire agreement between you and GenFuture and govern your use of the service. These Terms supersede any prior agreements and/or communications made with GenFuture.

These Terms will be governed and construed in accordance with the laws of Western Australia.

Headings in these Terms are for reference only and do not influence the meaning of the Terms.

These terms were last updated on 31 January 2024.