Terms of Service
The terms and conditions that govern your engagement of Genensland Pty Ltd.
1. Introduction
These Terms of Service (“Terms”) govern your access to and use of the website genensland.site and any professional services supplied by Genensland Pty Ltd (ABN 94 702 168 554) (“we”, “us”, “our”). By engaging our services, requesting a quotation, or using this website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website or engage our services.
2. Our Services
Genensland Pty Ltd provides diversified professional services to clients in Perth and across Western Australia. The specific scope, deliverables, timelines, and fees for any engagement will be set out in a written quotation, proposal, or service agreement provided to you before work commences. Descriptions of our service categories on this website are general in nature and do not constitute a binding offer.
3. Quotations and Engagement
- All quotations provided by us are valid for 30 days from the date of issue unless otherwise stated in writing.
- A quotation is an invitation to engage our services and does not constitute a binding offer until we accept your instructions in writing.
- An engagement is formed only when we confirm acceptance of your instructions, at which point these Terms apply together with any terms set out in the accepted quotation or service agreement.
- Where the scope of work changes during an engagement, we will provide a revised quotation or written variation for your approval before additional work is undertaken.
4. Fees, Invoicing and Payment
- Fees are payable in Australian dollars (AUD) and are exclusive of GST unless expressly stated otherwise.
- Invoices are issued in accordance with the payment schedule set out in your quotation or service agreement.
- Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date.
- Overdue amounts may attract interest and reasonable recovery costs, and we may suspend work on an engagement until outstanding amounts are paid.
- Disbursements and third-party costs incurred on your behalf will be on-charged at cost or as itemised in your quotation.
5. Your Obligations
To enable us to perform our services effectively, you agree to:
- Provide accurate, complete, and timely information, documentation, and access as reasonably required;
- Respond to reasonable requests for feedback or approval within agreed timeframes;
- Ensure you hold all rights, permits, or authorisations necessary for us to act on your instructions; and
- Promptly notify us of any change to your requirements or circumstances that may affect the engagement.
6. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other legislation that cannot lawfully be excluded. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For services, you are entitled to a remedy if the services are not rendered with due care and skill, are not reasonably fit for any purpose made known to us, or are not supplied within a reasonable time.
7. Limitation of Liability
To the maximum extent permitted by law:
- Our liability for any breach of a consumer guarantee under the Australian Consumer Law is limited, in the case of services, to the supplying of the services again or the payment of the cost of having the services supplied again;
- Subject to the paragraph above, we are not liable for any indirect, incidental, special, or consequential loss or damage, including loss of profit, revenue, or data, arising from your use of our website or services; and
- Our total aggregate liability arising out of or in connection with any engagement is limited to the fees paid by you for the specific service giving rise to the claim.
This limitation does not apply to liability that cannot be excluded by law, including liability for fraud or for death or personal injury caused by our negligence.
8. Intellectual Property
All content on this website, including text, graphics, logos, and design, is owned by or licensed to Genensland Pty Ltd and is protected by Australian and international copyright laws. You may view, download, and print pages from this website for your own personal or internal business use. You must not reproduce, republish, or exploit any content for commercial purposes without our prior written consent. Upon full payment, deliverables created specifically for you under an engagement will vest in you in accordance with your service agreement, and we retain ownership of our pre-existing tools, methods, templates, and know-how.
9. Website Use
- The information on this website is general in nature and does not constitute professional, financial, or legal advice for your specific circumstances;
- You must not use this website in any way that breaches applicable laws, infringes the rights of others, or interferes with the operation of the website;
- We do not warrant that this website will be continuously available, secure, or free from errors or harmful code, and we accept no liability for any interruption or technical issue; and
- Links to third-party websites are provided for convenience only, and we do not endorse or take responsibility for their content.
10. Confidentiality and Privacy
We treat information provided to us in the course of an engagement as confidential and will not disclose it to third parties except as required to perform the services, with your consent, or as required by law. Our collection, use, and handling of personal information is set out in our Privacy Policy, which forms part of these Terms.
11. Termination
- Either party may terminate an engagement by giving written notice in accordance with the notice period stated in your quotation or service agreement;
- You remain liable for all fees and disbursements incurred up to the date of termination;
- We may suspend or terminate an engagement immediately if you fail to pay undisputed invoices when due, breach these Terms, or if continuing the engagement would place us in breach of the law or professional obligations; and
- Clauses that by their nature survive termination (including confidentiality, intellectual property, liability, and governing law) remain in effect after an engagement ends.
12. Force Majeure
We are not liable for any delay or failure to perform our obligations where that delay or failure is caused by circumstances beyond our reasonable control, including natural disasters, industrial action, government restrictions, or failures of utilities or third-party service providers.
13. Dispute Resolution
If a dispute arises in connection with these Terms or an engagement, the parties agree to first attempt to resolve the matter in good faith through direct discussion. If the matter is not resolved within 30 days, either party may refer the dispute to mediation in Perth, Western Australia, before commencing court proceedings, except where urgent injunctive relief is required.
14. Governing Law
These Terms and any engagement arising from them are governed by the laws of Western Australia and the Commonwealth of Australia. You and we submit to the exclusive jurisdiction of the courts of Western Australia and any courts competent to hear appeals from those courts.
15. Amendments to These Terms
We may update these Terms from time to time. The current version will always be published on this page with the date of last revision. Material changes affecting an existing engagement will be communicated to you in writing before taking effect. Continued use of our website or services after updated Terms are published constitutes acceptance of the revised Terms.
16. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
17. Contact Us
If you have any questions about these Terms of Service, please contact us:
- Email: ceo@genensland.site
- Website: genensland.site
- Location: Perth, Western Australia
- ABN: 94 702 168 554