Terms of Service

1. Acceptance of the conditions of use

This Agreement is an electronic contract that sets forth the legally binding terms of your use of the Site and the Service. This agreement may be modified by GénieLab from time to time, these modifications will be effective upon their publication by GénieLab on the site. This agreement includes GénieLab’s privacy policy. By accessing the Site or becoming a Member, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein. Additionally, by accessing the Site or becoming a Member, you consent to this Agreement being provided to you in electronic form.

2. Terminology

For the purposes of this Agreement, the words “shall” and “shall” constitute a requirement, while the words “should” and “may” constitute a suggestion but not a requirement. 

3. GénieLab is a service

The Site is a platform allowing connections between individuals (“Users”) and/or institutions (“Institutions”) and GénieLab. GénieLab provides access to an educator for users who may or may not be registered on behalf of an institution. GénieLab will make every effort to ensure that an educator is online at all times of the day, unless otherwise indicated in writing on the Site. In the event that an educator is not available in a particular area where a user is requesting assistance, GénieLab must inform the student when the next available educator will be accessible. Users expressly declare, understand and accept that GénieLab will make every effort to control the quality, timing, legality or any other aspect whatsoever of the services actually provided by its educators. The establishments will be responsible for the integrity, responsibility or any actions of the users. GénieLab makes no representations regarding the adequacy, reliability, timeliness and accuracy of the services provided by Educators. GénieLab, resellers, distributors and licensees assume no responsibility for the accuracy or reliability of the information provided by educators on this site. GénieLab assumes and expressly declines any liability that may result from the use of this information. GénieLab is not responsible for the behavior, whether online or offline, of any user of the site or member of the service. All users, including institutions and educators, hereby expressly agree not to own GénieLab (or its officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors , recruiters, partner companies, resellers, GénieLab licensees, distributors or employees, hereinafter “affiliates”) responsible for any instruction, advice or service provided which originates from the site and GénieLab and its affiliates expressly disclaim any liability for any damage, suit , claim and/or controversy that may have arisen or may arise, whether known or unknown.

4. Eligibility

Our services are only available to individuals and businesses who can form legally binding contracts under applicable law. If GénieLab is used by a minor under eighteen (18) years of age, the establishment associated with this account assumes full responsibility for all data provided. Users under the age of eighteen are not required to provide their full name or any other personal information. By requesting to use, registering to use and/or using the Site, Institutions, Users and Educators represent and warrant that you have the right, authority and capacity to enter into this Agreement and you agree to comply with all terms and conditions herein. . You further represent and warrant that you and each member of your household (a) have never been the subject of any complaint, restraining order, or other legal action involving, arrested for , charged or convicted of a crime, a criminal offense involving violence, abuse, negligence, fraud or theft, or any offense endangering the safety of others, and (b) have not been and are not currently required to register as sex offenders with any government entity. You hereby authorize GénieLab to verify your representations and warranties herein, and you acknowledge that GénieLab reserves the right, but not the obligation, to verify such representations and warranties, which may include, without limitation, the criminal background checks and use of other available public records. , and to take such action as it deems appropriate in its sole discretion, including, but not limited to, terminating your membership, should it determine, in its sole opinion, that you have violated any representation or warranty or any other provision of these Terms of Use. NOTWITHSTANDING THE FOREGOING, GénieLab DISCLAIMS ALL RESPONSIBILITY FOR ANY STATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USER OR EDUCATOR ON THE SITE. USERS AND EDUCATORS HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD GénieLab WORRY-FREE FOR ANY STATEMENTS AND/OR MISREPRESENTATIONS

5. Liberation

Users can request the services of an educator using 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. GénieLab will not be held responsible and expressly disclaims all liability for any claim, demand or direct or indirect damage of every nature and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such problems. By using this site, you expressly represent, understand and agree to hold GénieLab harmless from any claim or controversy that may arise from any dispute between you and any other user of the site. GénieLab will use its reasonable efforts to monitor profiles, actions, comments and general usage of the site and will suspend the privileges of any user or educator who does not adhere to the site policies and will not refund paid services in the event where usage privileges are revoked. You agree to take reasonable precautions in all interactions with other users of the Site. Users and educators are prohibited from meeting offline or in person. By using this site, you hereby agree to immediately report to GénieLab any suspected impropriety of any user there by informing GénieLab by electronic correspondence.

6. Exclusive use

Your account is for your personal use only, you may not authorize others to use your account, and you may not assign or 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 to use the Site. GénieLab is not responsible for claims relating to inaccurate, untimely or incomplete information provided by users of the site. Users as well as all institutions linked to a user account are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, “Content”) that are published or displayed (hereinafter, “posting” ) 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 the rights of another party (including, but not limited to, intellectual property rights and rights of privacy and publicity). Users will not provide inaccurate, misleading or false information to GénieLab or any other user. Users understand and agree that GénieLab may review and remove any content, in each case in whole or in part, which, in the sole discretion of GénieLab, violates this agreement or which could be offensive, illegal or which could violate the rights, harm or threaten the security of users of the site. Users and Educators grant full access to Affiliated Institutions to review, save and process any content that has been provided on the Site. Affiliated institutions that have had access to their students' conversations agree that any information transmitted by users and teachers is confidential and should not be shared with anyone outside the institution. By posting content to a public or member area of ​​the Site, you automatically grant, and you represent and warrant that you have the right to grant, to GénieLab, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive payment, 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 permit sub-licenses of the foregoing. Users and Educators further represent and warrant that GenieLab's public posting and use of your Content 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 comply with all applicable laws and regulations. The opinions, advice, statements, offers or other information or content made available on the Site or via the Service, but not directly by GénieLab, are those of their respective authors. Authors like them are solely responsible for this kind of content. GénieLab 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 any opinion, advice or statement made by any party that appears on the Site or through the Service. Under no circumstances will GénieLab or its affiliates be liable 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. 

8. Privacy

GénieLab will only use the information you provide on the site in accordance with our privacy policy. For more information, see our full privacy policy. 

9. Links to external sites

Links from the Site to external sites (including external sites supervised by GénieLab) or the inclusion of advertisements do not constitute an endorsement by GénieLab of these sites or the content, products, advertising and other elements presented on these sites or products and services which are the subject of such advertisements, but which are for the reference and convenience of users. Users access it at their own risk. It is up to the user to evaluate the content and usefulness of information obtained from other sites. GénieLab does not control these sites and is not responsible for their content. Just because GénieLab has hyperlinks to such sites does not mean that GénieLab endorses any of the elements of such sites or has any association with their operators. Users further acknowledge that the use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use of such sites, and not by the terms of use and privacy policy of GénieLab. GénieLab expressly disclaims any liability arising from the use and/or viewing of links that may appear on this site. All users hereby agree to release GénieLab from any liability that may result from the use of links that may appear on the Site.

10. Coppa Compliance

GenieLab requires districts, schools, or administrators (on behalf of parents or legal guardians of students under 13) to consent to the collection, processing, and online transfer of information from students under 13 years via GénieLab. Students cannot register with GénieLab unless their school is a registered GénieLab partner. Districts, schools or administrators must ensure that parents have access to GenieLab's privacy policy and terms of use. GénieLab will not knowingly collect any information from children under 13 years of age. You must identify your age during the registration process. GenieLab takes the Children's Online Privacy Protection Act of 1998 (COPPA) and all FTC regulations very seriously. That being said, we assume no responsibility for any misrepresentation regarding your age or parental consent when using this site. If we determine that you have provided us with false information while using this site, your membership will be terminated immediately. 

11. Prohibited use

The Site and associated services may not be used by any person or organization to recruit, solicit, or contact in any form educators for employment or contract for any company not affiliated with GénieLab without the express written permission of GénieLab . If GénieLab finds that you have violated the terms of this paragraph or the conditions set forth herein, GénieLab reserves the right, in its sole discretion, to immediately terminate your use of the site and/or to impose a daily penalty of $10,000 for scraping, either in a manual or automatic manner, guardian or user information, including but not limited to names, addresses, telephone numbers or email addresses, copying copyrighted text, or misuse or misappropriation of Site Content, including, but not limited to, use on a “mirror,” competitive, or third-party site. It is prohibited to interact with Site Tutors offline. It is also a violation of these Terms of Use to use any information obtained from the Site or Service to harass, abuse, or harm any other person, or to contact, advertise, solicit, or sell to any user . without their prior explicit consent. In order to protect the integrity of the Site and the Service, GénieLab reserves the right at any time and at its sole discretion to prevent users of certain IP addresses from accessing the Site. GénieLab reserves the right, in its sole discretion, to terminate your access to all or part of the GénieLab site, to delete your profile and/or any content published by or about you, from the site, and/or to terminate your membership in GénieLab, for any reason or no reason, with or without notice. Following the termination of a member's use of the Site, GénieLab reserves the right to send a notice to the other members with whom you have corresponded.

12. Use of confidential data

All data provided and collected via GénieLab must remain private and confidential. Students and tutors agree to authorize GénieLab to use anonymous conversations and student data for research and/or commercial purposes in order to improve the quality of the service. No student information will ever be provided to any third party organization outside of the GénieLab 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, guardians' name, address, social security number, and criminal history. By using the Site, you hereby expressly represent, understand and agree that GénieLab is an intermediary for the third party verification service and has no control over and assumes no responsibility for the quality, accuracy or reliability information provided by the third-party verification service. Furthermore, you understand that GénieLab may review the information provided by the third party verification service and that GénieLab reserves the right to terminate any GénieLab subscription based on such information.

14. No guarantee

The information and materials contained in this website, including text, graphics, information, links or other materials are provided "as is", "as available". GénieLab DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF SUCH INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN SUCH INFORMATION AND MATERIALS. NO WARRANTIES OF ANY KIND, IMPLIED, EXPRESS 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 VIRUSES, IS GIVEN IN THE MATERIALS INFORMATION.

15. Exclusion of warranty

No guarantee. GénieLab PROVIDES THE SERVICES ON AN “AS IS” BASIS AND MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED IN THIS SITE), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GénieLab 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. GénieLab DISCLAIMS ALL LIABILITY AND NO WARRANTY IS MADE WITH RESPECT TO THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, GénieLab MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED REGARDING THE ABILITY 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 via the Services, but not directly by GénieLab, are those of their respective authors and should not necessarily be relied upon. Authors like them are solely responsible for this kind of content. GénieLab DOES NOT WARRANT: (i) THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, OR (ii) ADOPTS, ENDORSES OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY PARTY OTHER THAN GénieLab. UNDER NO CIRCUMSTANCES WILL GénieLab BE LIABLE 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 USER.

16. Assumption of risk

You assume all risks when using the Services, including but not limited to all risks associated with any online or offline interactions with Site Members. You agree to take all necessary precautions, including, but not limited to, following the recommendations set forth in the GénieLab Safety Tips, when interacting with other members of the Site.

17. Limitation of liability

Incidental damages and comprehensive liability. In no event will GénieLab or its affiliates be liable for any indirect, special, incidental or consequential damages, losses or expenses arising out of or in connection with the use of or inability to use the site, including, without limitation , damages related to any information received. from the Site, deletion of the Site Content, including profile information, any email distributed to any user or any linked website or its use or inability to use by any party, or in connection with the termination of your subscription or your 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 GénieLab or its affiliates, or their representatives, are informed of the possibility of such damage, loss or expense. UNDER NO CIRCUMSTANCES WILL THE LIABILITY OF GénieLab OR ITS AFFILIATES BE AGGREGATE, IN ANY FORM OF ACTION WHETHER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU ON YOUR BEHALF OR , IF YOU HAVE NOT PAYED GénieLab FOR THE USE OF ANY SERVICE, THE AMOUNT OF $25.00 CAD OR ITS EQUIVALENT. No responsibility for non-GénieLab actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GénieLab OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, RESULTING FROM OR RELATED TO THE CONDUCT OF YOU OR ANY PERSON ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS OF THE SITE, WHETHER IN ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM THE CONDUCT OF USERS WHO ARE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO FRAUD OR INJURY 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 professional financial, medical advice , legal or otherwise. . GénieLab makes no representation or warranty and expressly disclaims any liability regarding any treatment, action or effect on any person following the information offered or provided on or via the Site. If you have specific concerns or a situation in which you require professional or medical advice, you should consult an appropriately trained and qualified specialist. 

18. Compensation

By accepting the terms of this agreement, users of the site agree to indemnify, defend and hold harmless GénieLab and its affiliates from and against all claims, losses, expenses or demands for liability, including attorneys' fees and costs. costs incurred by GénieLab. and its affiliates in connection with any third party claim (including an intellectual property claim) arising from (i) materials and content you submit, post or transmit through the Site, or (ii) use from the Site by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably necessary in the defense of such claims. GenieLab and its affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or question without the written consent of GénieLab. . Users further agree to hold GénieLab and its affiliates harmless from any claims arising from a third party's use of information or materials of any kind that users post on the Site.

19. Notice and Takedown Procedures; Copyright Agent

If you believe that material accessible on or from the Site infringes your copyright, you may request removal of such material (or access to it) from this Site by contacting GénieLab and providing the following information: Identification of the copyrighted work that you believe to be infringed. Please describe the work and, if possible, include a copy or location (e.g. URL) of an authorized version of the work. Identification of the material that you believe is infringing and its location. Please describe the material and provide us with its URL or other relevant information that will allow us to locate the material. Your name, address, telephone number and (if available) email address. A statement that you have a good faith belief that use of the material in question is not authorized by the copyright owner, its agent, or the law. A statement that the information you have provided is accurate and that “under penalty of perjury” you are the copyright owner or authorized to act on the copyright owner's behalf. A signature or electronic equivalent of the copyright owner or authorized representative.

19. Notice and Takedown Procedures; Copyright Agent

If you believe that material accessible on or from the Site infringes your copyright, you may request removal of such material (or access to it) from this Site by contacting GénieLab and providing the following information: Identification of the copyrighted work that you believe to be infringed. Please describe the work and, if possible, include a copy or location (e.g. URL) of an authorized version of the work. Identification of the material that you believe is infringing and its location. Please describe the material and provide us with its URL or other relevant information that will allow us to locate the material. Your name, address, telephone number and (if available) email address. A statement that you have a good faith belief that use of the material in question is not authorized by the copyright owner, its agent, or the law. A statement that the information you have provided is accurate and that “under penalty of perjury” you are the copyright owner or authorized to act on the copyright owner's behalf. A signature or electronic equivalent of the copyright owner or authorized representative. 

20. Trademark Rights Notice

The GénieLab service marks and trademarks and the GénieLab logo are service marks owned by GénieLab. All other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of GénieLab and respective third parties to these brands. Users may not copy or use any of these trademarks, logos or trade names without the prior written permission of the Owner, as expressly permitted by these Terms of Use.

21. Jurisdiction and choice of law

If there is a dispute arising out of the Site and/or Service, by using the Site you expressly agree that any such dispute will 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.

22. Miscellaneous

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, the authority to make any declarations, representations or commitments of any nature whatsoever, or to take any action which binds the other, except in cases provided herein or authorized in writing by the party to be bound. This agreement will be binding upon and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. 

23. Contact details

If you have any questions or require further information regarding the site or service provided by GénieLab, or need to inform GénieLab of any questions relating to the site or service, please contact GénieLab at:

Collective Mini

4577 Rue de Bullion
Montreal, QC, H2T 1Y7
Canada

hello@genielab.co