Last update: 20th July, 2023.
"Gen21 Australia Pty Limited" with ACN 662 284 808 is the primary operator, controller, and manager of the services offered through www.gen21.com.au and the mobile apps available on the Gen21 website.
Please read the terms of use thoroughly and carefully. The terms and conditions set forth below ("terms of use") and the privacy policy (as defined below) constitute a legally binding agreement between Gen21 operating from its Canberra office and you.
(1) The website and mobile application, including the classified advertisements, forums, various email functions and internet links and all content and services available through the domain and sub-domains of Gen21 located at www.gen21.com.au or its mobile apps (collectively referred as the "product").
(2) The online transactions between those users of the product who are offering services (each, a "service provider") and those users of the product who are obtaining services (each, a "service user") through the product (such services, collectively, the "services"). The terms of use described below incorporate the privacy policy and apply to all users of the website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or services on the product. The products are owned and operated by Gen21.You acknowledge that the product serves as a marketplace for the online distribution and publication of user submitted information between service providers and service users, and, by using, visiting, registering for, and/or otherwise participating in this website/mobile apps, ordering service through contact center, website, apps including the services presented, promoted, and displayed on the website, providing any service which request comes through website, apps, cc and/or by clicking on "I have read and agree to the terms of use," you hereby certify that:
(1) You are either a service provider or a prospective service user.
(2) You have the authority to enter these terms of use.
(3) You authorize the transfer of payment for services requested through the use of the product.
(4) You agree to be bound by all terms and conditions of these terms of use and any other documents incorporated by reference herein.
If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the website. If you do not agree to any of the provisions set forth in the terms of use, kindly discontinue viewing or participating in this website immediately. You specifically agree that by using the product, you are at least 18 years of age, and you are competent under law to enter into a legally binding and enforceable contract. All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the website in any manner.
1. Modifications to terms of use: Gen21 reserves the right, in its sole discretion, to change, modify, or otherwise amend the terms of use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time and Gen21 will post the amended terms of use at the domain of www.gen21.com.au/terms. It is your responsibility to review the terms of use for any changes and you are encouraged to check the terms of use frequently. Your use of the product following any amendment of the terms of use will signify your assent to and acceptance of any revised terms of use. If you do not agree to abide by these or any future terms of use, please do not use or access the product.
2. Privacy policy: Gen21 has established a privacy policy that explains to users how their information is collected and used. Your use of this product is governed by the privacy policy.
By accessing the website, apps, or its product, you are granted a non-exclusive, revocable license by Gen21, subject to the terms of use. However, you must adhere to the following conditions:
(i) You may not copy, distribute, or create derivative works of the website, apps, or its product in any medium without obtaining Gen21's prior written consent.
(ii) Any alteration or modification to the website, apps, or its product should be limited to what is reasonably necessary for their intended purposes.
(iii) All your actions must comply with the terms and conditions outlined in the terms of use and adhere to all relevant laws.
Failure to comply with these conditions may result in the termination of your license to use the website, apps, or its product.
The use of the product is restricted to individuals who are at least 18 years old and capable of forming legally binding contracts under applicable law. By accessing the product, you affirm that you are at least 18 years of age and agree to the following:
(a) All the information you provide during registration is accurate and truthful.
(b) You will maintain the accuracy of the information you provide.
(c) Your use of the website, apps, and services offered through them complies with all relevant laws and regulations.
If we, at our discretion, suspect that you are under the age of 18 or not in compliance with applicable laws, rules, or regulations, your account may be terminated without warning. While registration is not mandatory to visit and view the product, certain features require a password-protected account ("account").
You need to submit your name and email address on the account registration page and set a password. Additional optional information may be provided to enhance your customized experience. Alternatively, you can use your existing Facebook account and log-in credentials ("third-party site password") to register for an account. In some cases, we may create an account for you upon your verbal request to Gen21.
You are responsible for safeguarding your Gen21 password and, if applicable, your third-party site password ("passwords") and ensuring their security at all times. You must notify Gen21 immediately of any security breach or unauthorized use of your account. Representing yourself as another user of the product or its services is strictly prohibited.
1. Obtain prior written authorization from Gen21 before copying or distributing any part of the website, apps, or its product.
2. Only make necessary alterations or modifications to the website, apps, or its product for their intended purpose.
3. Provide accurate and up-to-date information during registration and keep it current throughout this agreement's term.
Gen21 reserves the right to revoke these exceptions, either generally or in specific cases.
Furthermore, you shall not:
1. Recruit, solicit, or contact service providers or users for employment or contracting for a business unrelated to Gen21 without explicit written permission.
2. Take any action that unreasonably encumbers the product's infrastructure, interferes with its proper functioning, or bypasses measures in place to restrict access to the service.
3. Collect personally identifiable data, including names or other account information, from the website or use its communication systems for commercial solicitation purposes.
Failure to comply with these policies may result in the termination of your account or other appropriate actions.
By accepting this agreement, you are bound to consistently comply with all additional policies and your obligations mentioned therein. It is acknowledged and agreed that failure to adhere to any of the terms and conditions outlined in this agreement, including the account policies, membership eligibility criteria, or additional policies referenced herein, may result in Gen21, at its sole discretion, terminating your account without prior notice. Additionally, if deemed necessary, appropriate legal actions may be initiated.
You are prohibited from uploading, posting, transmitting, transferring, disseminating, distributing, or facilitating the distribution of any content on any part of the website, apps, or its product, including your profile, service postings, opinions, or reviews (collectively referred to as "submitted content") that fall under the following categories:
a) Misrepresentation: Content that misrepresents the source of anything you post, including impersonation of another individual or entity, or providing false or inaccurate biographical information for any service providers.
b) Harmful Content: Content that is intended to harm or exploit any individual under the age of 18 ("minor") in any way or solicits personally identifiable information from minors without proper consent.
c) Invasion of Privacy: Content that invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their knowledge and consent.
You are prohibited from sending messages to other users that include:
a) Offers to make national or international money transfers for amounts exceeding the asking price of a service, with the intention of requesting a refund of any portion of the payment.
b) Unsolicited advertising or marketing of a service not offered on the product or an external website.
In accordance with Australian laws, any preference, limitation, or discrimination based on race, color, religion, sex, national origin, age, handicap, or other protected class is strictly prohibited. Gen21 will not knowingly accept any posting that violates these laws. Gen21 reserves the right, at its sole discretion and without prior notice to you, to promptly remove any posting that discriminates or is in any way in violation of the law.
During your use of the website, you are prohibited from:
a) Posting content or items in inappropriate categories or areas on the website.
b) Violating any laws, third-party rights, account policies, or any provision of the terms of use, including the prohibitions mentioned above.
As a participant on the website, apps, or its product, you are required to exercise careful, prudent, and good judgment when leaving feedback for another user. The following actions are considered inappropriate uses of feedback:
(a) Threatening to leave negative or biased feedback for another user unless that user provides additional services not initially agreed upon in the original posting.
(b) Leaving feedback with the intention of portraying the service provider or service user inaccurately or more favourably than their actual performance or behaviour.
(c) Including conditions in an offer or request that restrict a service provider or service user from leaving feedback.
(i) Cancellation of your feedback or any of your postings.
(ii) Limitation of your account privileges.
(iii) Suspension of your account.
(iv) Reduction of your status earned via the feedback page.
In the event of any dispute between users of the website regarding feedback, Gen21 will act as the final arbiter of the dispute. Additionally, in case of any disagreement related to feedback among users of the product, Gen21 reserves the right, in its sole and absolute discretion, to remove such feedback or take any appropriate action without incurring any liability.
If you encounter any instances of inappropriate feedback use, you may contact Gen21 to address the issue.
(a) Signing up for, negotiating a price for, or using a service without the intention of following through with payment or use of the service.
(b) Agreeing to purchase a service when they do not meet the service provider's terms as specified in the posting or agreeing to purchase a service with the intention of disrupting the posting.
(c) Misusing any options provided by Gen21, both presently and in the future, in connection with the use or purchase of any service.
(a) Cancel the posting.
(b) Limit the service user's account privileges.
(c) Suspend the service user's account.
(d) Decrease the service user's status earned via the feedback page.
Pricing and Taxes: The prices for individual service items quoted on the Website/Application will be in Australian dollars and include taxes and administration charges imposed by the Company rules, where applicable. These additional costs will be added to the total amount due.
Payment Methods: Orders must be paid using an accepted credit or debit card through the Website/Application or in cash at the point of service. Please be aware that there may be occasional delays in processing card payments, resulting in delays in deducting sums from your bank account or charging your credit or debit card.
Credit and Discount Vouchers: If you use a promotional voucher or code recognized by the Gen21 Website and pay any remaining balance by credit or debit card, a credit or discount may apply to your Service. Refer to our Voucher Terms & Conditions for the complete terms and conditions regarding the use of credit and discount vouchers.
Rejected/Incorrect Pricing: In some cases, due to the variety of services offered, there may be incorrect prices or payment discrepancies. The Service will be sold at the displayed price or the modified price, as per the category of services stated on the Website. If the service is cancelled for any reason, your bank or card issuer will refund the relevant amount. However, please be aware that this refund process may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that Gen21 will not be responsible or liable to you in relation to any delay by your bank or card issuer in releasing funds back into your account.
a) Gen21's warranty does not cover spare parts used in the service provided by the service provider. Service users have the option to purchase required spare parts independently or engage the service provider to acquire them. In any case, neither the service provider nor Gen21 will be held responsible for the quality or price of the spare parts. The service charge must be paid in full to the service provider, and any issues related to spare parts cannot be used as a reason to withhold payment.
b) If a service user wishes to raise a claim within the warranty period for a specific type of service, the claim must be submitted within that warranty period. Any claims made after the warranty period will be treated as new orders.
c) Gen21 strongly encourages service users to clearly mention all details of any items handed over to the service provider or their representatives in the final order list to prevent any confusion or misunderstandings.
d) Gen21 aims to resolve any disputes within 14 days from the time of raising the complaint. During dispute settlement, Gen21 acts as a marketplace intermediary between the service user and service provider. If stakeholders fail to respond to Gen21's proposal or communication regarding dispute settlement within 14 days, Gen21 reserves the right to resolve the dispute as deemed appropriate.
e) In certain circumstances, Gen21 may choose to compensate platform users for poor service delivery by service providers. The compensation may range from 10% to 100% of the order value and will be provided in the form of a free future service coupon. The decision to provide compensation will be made by Gen21's support management team after conducting a thorough investigation of the dispute.
Gen21 may disclose user information, including personal information, in the following circumstances:
If Gen21 reasonably believes that disclosure is necessary to comply with a legal process, such as a court order or search warrant, or any other legal requirement imposed by a governmental authority.
When such disclosure could potentially mitigate Gen21's liability in an actual or potential lawsuit.
If it is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity.
To enforce this agreement, including ensuring the payment of fees by users.
As required or necessary to deter illegal behaviour, such as fraud.
If you believe that Gen21 has breached the Privacy Act (Cth) 1988 regarding your personal information, you have the option to lodge a complaint.
Gen21 holds a license to grant you access to its data and marks on the website, which are protected by copyright, trademark, patent, trade secret, and other applicable laws. Gen21 retains all rights to its data and marks. Under these terms of use, you are granted a limited, revocable, nontransferable, and non-sublicensable license to reproduce and display the Gen21 data (excluding any software source code) solely for your personal use in connection with accessing and participating on the website.
Please note that the website may also contain data from other users or third-party licensors, which you are expressly prohibited from copying, modifying, translating, publishing, broadcasting, transmitting, distributing, performing, displaying, or selling.
The terms of use, along with the privacy policy and any other legal notices or additional policies published by Gen21 on the website, collectively form the entire agreement between you and Gen21 regarding the website. In the event that any provision of the terms of use is deemed invalid by a court of competent jurisdiction, the invalidity of that specific provision will not affect the validity of the remaining provisions, which will continue to remain in full force and effect.
If you believe that your complaint has not been resolved satisfactorily, we will offer you guidance on the additional steps you can take. All correspondence regarding the matter should be addressed to contact us at www.gen21.com.au website. You can reach us by emailing contact@gen21.com.au.