Terms and Conditions

These are the Terms applicable to your use of the Geeks4Learning website – www.geeks4learning.com. Please read these Terms carefully as they impose legally binding obligations on you and in some instances exclude and limit out liability to you. In particular, those Terms which are in bold and italics should be carefully considered.

These Terms constitute a legal agreement between you and us. By signing up for any of the Courses on the Geeks4Learning website you agree to be (and are) bound by these Terms. If you do not agree to these Terms, you should not use the Geeks4Learning website.

By accepting these Terms, you confirm that you are at least 18 years of age and capable of entering into a legally binding agreement. The Terms take effect when you sign up for a Course.

We reserve the right to change or modify any of these Terms and you should check these Terms from time to time for changes. If you do not agree with any of the changes, you must stop using the Geeks4Learning website and the services offered on the Geeks4Learning Website. By using the Geeks4Learning website after we post any changes to the Terms, or your acceptance of those changes (if applicable), you agree to those changes, even if you have not reviewed the changes.

These Terms should be read together with and are in addition to our Privacy Policy, our Cookies Policy and our Course Terms and Conditions.

1. DEFINITIONS

The below Terms are used in this document and begin with a capital letter. Singular words include the plural and plural words include the singular.

1.1 Applicable Laws means all national, provincial, local and municipal legislation, regulations, statutes, by laws, consents and/or other laws of any relevant government authority and any other instrument having the force of law relating to the activities described under these Terms;

1.2 Business Day means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;

1.3 Course means any educational course, training program, or learning and development program published on the Website, including micro-video lessons, in-depth training and talent development, interactive content, e-learning, live and on-demand webinars, e-books, support materials and blogs spanning a variety of subject matters, each of which Course is subject to our Course Terms and Conditions;

1.4 Intellectual Property without limitation, includes all inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with such inventions, patents, designs, trademarks, service marks and trade names; copyright, including all copyright in any logos, devices, designs, multimedia works and computer software programs (in both source and object code form, and including any programmers’ or developers’ notes, flow charts, memoranda and design documents); rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user data; domain names and URL’s; databases and rights in databases, confidential information and all other intellectual property rights and rights of a similar character whether registered or capable of registration, rights in the nature of any of the above items whether registered or unregistered in any country or jurisdiction and all applications and rights to apply for protection of any of the same;

1.5 Intellectual Property Rights means all rights in and to the Intellectual Property;

1.6 LMS System means our online learning management system, which is a software application, accessed via the Website, for the administration, documentation, tracking, reporting, automation and delivery of Courses;

1.7 Members means the educational institutions or entities that provide Courses and/or Course content through the Website;

1.8 Personal Information means information about an identifiable natural person or, where applicable, legal entity, including information about race; gender; sex; pregnancy; marital status (including number of dependents); nationality; ethnic or social origin; colour; sexual orientation; age; physical or mental health; well-being; disability; religion; conscience; belief; culture; language; birth; education; medical, financial, criminal or employment history; any identifying number, symbol, email, postal or physical address, telephone number; location; any online identifier; identifying photograph; any other particular assignment to the person; biometric information; personal opinions, views or preferences of the person or the views or opinions of another individual about the person; correspondence sent by the person that is implicitly or explicitly private or confidential, or further correspondence that would reveal the contents of the original correspondence; and the name of the person if it appears with the other personal information of that person, or if revealing the name itself would in turn reveal information about the person;

1.9 Terms means these terms and conditions governing your use of the Website;

1.10 User Account means the personal account you need to register on the Website to access Courses;

1.11 we, us or our means Geeks4Learning Proprietary Limited, registration number 2012/108562/07;

1.12 Website means all content and pages located on the Geeks4Learning website – www.geeks4learning.com, and includes the LMS System;

1.13 you or your means any person who uses the Website or signs up for a Course;

2. WEBSITE AND COURSE CONTENT

2.1 The Website is registered to us and we are (together with our Members, as applicable) the exclusive owners of the Courses, the LMS System and all content applicable thereto. All rights, title and interest in and to the Courses, or any copy or modification thereto, are vested in us and our relevant Members.

2.2 By using the Website, you agree that you:

2.2.1 will not access or attempt to access any other person’s user account or falsely state, impersonate or otherwise misrepresent your identity, including misrepresenting your affiliations with any person or entity;

2.2.2 will not use the Website to distribute material that is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful;

2.2.3 will not in any way display, publish, broadcast, copy, print, sell, license or otherwise use or exploit any content contained on the Website or on the LMS System for any purpose other than as permitted by these Terms, without our prior written consent;

2.2.4 will not access the Website or Courses for any commercial use or for the benefit of any third party;

2.2.5 will not use any device, Software or other instrument to interfere with or attempt to interfere with the proper working of the Website and the LMS System;

2.2.6 will not access the Website or the Courses through any technology other than generally available third-party browsers such as Chrome, FireFox, Safari or Internet Explorer;

2.2.7 will not (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Website;

2.2.8 will not knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs, or similar computer code designed to adversely affect the operation of any computer software or hardware;

2.2.9 will not use any high volume, automated or electronic means to access the Website or the LMS System (including, without limitation, any robots, spiders or scripts).

3. REGISTRATION

3.1 This Website offers access to Courses via the LMS System. In order to register for a particular Course, you are required to register a User Account and provide us with certain Personal Information. In registering your User Account, you agree to these Terms and to provide us with true, accurate and complete Personal Information and to ensure that you maintain that Personal Information to ensure that it continues to be true, accurate and complete.

3.2 Once you have registered your User Account, you will be provided with a user name and password. You will be responsible for ensuring that you keep your user name and password confidential and for any activities that occur on your User Account.

3.3 By registering a User Account, you agree that you:

3.3.1 are, and will continue, to be registered for the Website only once and that you will not set up multiple User Accounts; and

3.3.2 will not let anyone else use your User Account.

3.4 We will act on all information which appears to come from you, even if the information is actually coming from someone pretending to be you or someone else using your User Account.

3.5 We will assume that any activity or information that we receive from you through your User Account is genuine.

4 SIGNING UP FOR A COURSE

4.1 You will access Courses and the content applicable thereto online via the LMS System, access to which is gained through your User Account.

4.2 Certain Courses and/or content applicable thereto may be provided to you by our Members and in such circumstances, the Course may be subject to the terms and conditions of that particular Member, which will be in addition to these Terms.

4.3 We reserve the right to cancel, interrupt or reschedule any Course or modify or alter its content (including any assignments, quizzes, projects or other evaluations) without notice to you.

4.4 English is the language of instruction for all Courses and all coursework required to be completed for accreditation purposes must be completed in English.

4.5 Each Course consists of several modules delivered online over a specified period of time via our LMS System. The Course content and related documentation will be made available to you via the LMS System or provided to you in person. All Courses include online tasks and assignments per module, and in some instances, have access to mentoring. There are separate Course terms and conditions which you are required to accept when you register for the applicable Course.

4.6 When you have registered for a Course, only you may participate in that Course. You may not:

4.6.1 provide your username or password to any other person;

4.6.2 permit any other person to participate in the Course on your behalf;

4.6.3 impersonate any other person or use any other person’s User Account to access the Course;

4.6.4 sublicence, assign, transfer, distribute or rent the Course to any other person or entity;

4.6.5 use, copy, modify or distribute the Course, in whole or in part, except for the purposes expressly permitted in these Terms;

4.6.6 transfer your access to the Course from you to any third party;

4.6.7 take any action designed to bypass or unlock access to the Course.

4.7 In your participation in a Course, you may be able to provide content to the Website by uploading notes and replies, engaging in discussions, other content for social interaction, written assignments, surveys, questions, hypothetical examples, etc (Learner Content).

4.8 We do not claim ownership of any Learner Content you may submit or make available for inclusion on the Website.

4.9 You agree to comply with all Applicable Laws relating to Learner Content that you submit to us, particularly in relation to online conduct and acceptable content.

4.10 In respect of all Learner Content that you submit to us or otherwise make available to us, you grant us a an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly display or otherwise exploit such Learner Content on the Website or in Courses. We reserve the right to remove Learner Content at any time, without reason. We will not make available any Learner Content related to your assignments or assessments.

5 EQUIPMENT AND APPLICATION REQUIREMENTS

You acknowledge and understand that in order to access and utilise the LMS System, the following minimum equipment and/or application and/or system requirements are required:

5.1 processor: either (i) an IBM compatible PC with Pentium II 500 MHz and above, with XP operating system or better or (ii) MAC Power PC, G3 233 MHz machines or better, with OS X latest version. Both options must include a sound card with speakers or headphones;

5.2 internet connection: broadband speed preferred but a dial up connection will work;

5.3 screen resolution: at least 800 x 600 (min. 1024×768 recommended);

5.4 web browser: IE 7 or greater, Firefox 3 or greater. The browser must be set to accept cookies and to show the newest version of a page. The pop‐up blocker must be disabled;

5.5 media player: Windows Media Player (please make sure that you have the latest version available ‐ Windows and Mac version can be downloaded from http://www.microsoft.com/windows/windowsmedia/players.aspx;

5.6 suitable anti‐virus software such as Norton, McAfee or AVG. Free anti‐virus software can be downloaded for personal computers from http://free.avg.com/gb‐en/homepage;

5.7 other plugins may be required to enable you to view certain types of content, for example:

5.7.1 Microsoft Office: If you do not have Microsoft Office, you may download either:

5.7.1.1 a viewer or file converter which will enable you to view and edit Microsoft Office files – available from http://office.microsoft.com/enus/downloads/HA010449811033.aspx; or

5.7.1.2 Open Office which allows you to view and edit Microsoft Office files, and is available free for Windows and for non‐Windows computers. Open Office may be downloaded from http://www.openoffice.org/;

5.7.2 Adobe Acrobat Reader: PDF files can be viewed by downloading the free Adobe Acrobat Reader from http://get.adobe.com/reader/ or http://get.adobe.com/reader/otherversions/;

5.7.3 Adobe Flash: some courses may have multimedia content created using Adobe Flash that require you to have the Flash Plugin installed on your computer. Please note that iPads and iPhones (regardless of version) do not support Flash, therefore such content will not be available on those devices.

5.8 We accept no responsibility for any upgrades in software or hardware that you may require as a result of you having enrolled onto one of our Courses. Furthermore, neither us nor our Members are liable for any malicious software obtained as a result of you downloading or uploading files from our Website. Whilst all the files that are uploaded onto our Website are checked for malicious software, we are not responsible for content uploaded by third parties.

6 COPYRIGHT

6.1 It is our policy that any content included on the LMS System or within the Courses or the online content applicable thereto, that infringes, or is likely to infringe, the Intellectual Property Rights of any third party will be removed from the Website as soon as possible after we are made aware of such infringement.

6.2 You should report any alleged infringement of your Intellectual Property Rights by emailing a notice to enquiries@geeks4learning.com containing the following information:

6.2.1 a statement explaining the nature of the content on the Website that you believe infringes your Intellectual Property Rights;

6.2.2 the country to which your Intellectual Property Rights apply;

6.2.3 the full URL for access to the alleged infringing content;

6.2.4 your telephone number and email address so that we may contact you;

6.2.5 a statement confirming that you are the owner of the Intellectual Property Rights or have an exclusive right in law to bring infringement proceedings in respect of its use; and

6.2.6 your signature (an electronic signature is sufficient).

6.3 We will, acting in our sole discretion, terminate User Accounts and access to the Website and LMS System if you have been notified of infringing activity on two or more occasions

7 COURSE PRICING AND PAYMENT

7.1 You agree to pay for the Courses at the prices displayed on the Website at the time of your purchase.

7.2 All Course prices are payable in full and are only refundable in the limited circumstances set out in our Course terms and conditions. All Course prices are inclusive of value-added tax, which you agree to pay.

7.3 The payment of all Course prices must be made in accordance with the payment terms specified in our Course terms and conditions.

7.4 All payments must be made into our bank account stipulated on our invoice to you. The Website makes provision for payments to be made either by EFT or bank transfer, debit card or credit card, Mobicred or Masterpass, as designated by you. Please note that the use of any specific payment method by you is at your option and you accept and agree that your payment is subject to the payment terms applicable to the relevant third party who facilitates your designated payment method and we accept no liability in such regard.

7.5 You agree to pay all amounts that become due upon demand if these Terms are accepted on your behalf by third party responsible for your payment, that party hereby binds himself as surety and co-principal debtor for the due fulfilment of your payment obligations in respect of the charges together with such interest as may be applicable from time to time in the event of late payment.

7.6 Payments shall be deemed to have been made only when reflected in the bank account designated by us for such purpose.

7.7 We shall be entitled to charge interest on all overdue amounts (i.e. amounts not paid on the due date) at a rate of 2,0% per month, or such other maximum rate that may be prescribed from time to time in terms of the National Credit Act 34 of 2005 (NCA). Interest shall be calculated from the day upon which an amount becomes overdue until the date of payment thereof in full, both days inclusive, and shall be calculated on a compounded basis on the amount owing at the end of each month; and shall be payable on demand.

7.8 To the extent that the NCA may become applicable to the Terms, we will credit each payment made by you on the date of receipt of the payment as follows; firstly, to satisfy any unpaid default interest charges (if any), and secondly, to satisfy any due or unpaid charges.

7.9 We are committed to providing secure online payment facilities on the Website and all available payment methods are encrypted with appropriate encryption technology. We use a third party to administer our payment gateway. While our service provider will endeavour to ensure that the payment facilities are available on the Website 24 hours per day, neither we nor our service provider make any warranties or representations of any sort in respect of the payment facilities, due to the fact that those facilities are largely dependent upon external factors such as the banking system and card networks.

8 DATA PRIVACY

We respect your right to protect your Personal Information. Please see our Privacy Policy and Cookies Policy for full details.

9 INTELLECTUAL PROPERTY

9.1 We, our Members and/or our third-party licensors own and will continue to own the Intellectual Property Rights in and to the Website (including any updates to it), and all content in it or sent to and from it.

9.2 Even if any content on the Website is not confidential or there are no Intellectual Property Rights in it, we, our Members and/or our third-party licensors own the content and you have no rights in it.

9.3 We give you the right to use the Website and applicable Course content subject to these Terms and any other terms or conditions that may apply to you from time to time. Your right to use the Website and/or the LMS System may be taken away at any time. Other persons will be allowed to use the LMS System at the same time as you, but the User Account you create is for your exclusive use. You must not grant or transfer any rights of use or any other rights in respect of the Website or the Courses (and content applicable thereto), the Intellectual Property Rights therein, or any content therein (including content belonging to our Members or other third parties) to any other person.

9.4 You may only use the Website in line with and for the purposes set out in these Terms, but not for any other purpose.

9.5 Your right to use the Website and all Intellectual Property therein, will start when you register for a User Account and will continue until it ends in line with these Terms.

9.6 You must not use the Website or any Intellectual Property therein for any commercial gain.

9.7 You must not copy, adapt , modify, alter, de-compile, reverse-engineer, attempt to derive the source code of, create derivative works of or otherwise attempt to reproduce the Website, the Intellectual Property therein, its content including the LMS System and the Courses, its design, any updates to it, any proprietary features in or to it or any parts of it. This also applies to any content belonging to our Members and other third parties that is found on the Website.

9.8 You must not establish a hyperlink, frame, metatag or similar references, whether electronically or otherwise, or any other reference to the Website, the LMS System or the Courses (including their content).

9.9 We are not responsible (and you will compensate us) for any actions, claims, costs, demands, expenses or other liabilities that we suffer in connection with your unauthorised use of the Website or any Intellectual Property Rights therein.

10 LINKING TO OTHER SITES

10.1 The Website may contain links to pages on other websites (Linked Sites), and those Linked Sites may contain content or offer products and/or services for sale.

10.2 We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:

10.2.1 we have no responsibility for the accuracy or availability of information provided by Linked Sites; and

10.2.2 we do no control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.

10.3 We may remove any links to Linked Sites from the Website at any time for any reason.

10.4 We will not be liable for any transactions conducted by you with third parties through any Linked Sites or for any liability arising from any representations or information provided on such Linked Sites.

10.5 We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Sites does not create or imply any relationship or partnership between us and the operator of such Linked Site.

11 YOUR LIABILITY FOR OUR LOSS OR DAMAGES

11.1 You will cover (pay for) any loss or damage that we may suffer on your behalf because:

11.1.1 you breach any of these Terms;

11.1.2 you violated our Intellectual Property Rights, the Intellectual Property Rights of any of our Members;

11.1.3 you committed a negligent act or omission, deliberate default or breach of statutory duty;

11.1.4 you gave us wrong instructions or incorrect information;

11.1.5 someone used your User Account to access the LMS System or any Course without your permission.

11.2 Each undertaking in paragraph 11.1 is separate and independent from the other obligations in these Terms. Each of these undertakings is to remain fully effective despite any indulgence granted by us from time to time and despite any judgment or order.

11.3 This paragraph 11 survives the expiry of these Terms.

12 OUR LIABILITY TO YOU (AND LIMITATIONS ON OUR LIABILITY)

12.1 Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.

12.2 Information on the Website and LMS System (including the Courses) is provided as is, and we will not be responsible for any loss or damages that may follow if you rely on it. We do not guarantee that the Website or the LMS System or any information or Course provided thereon is fit for any particular purpose, or that they will meet your requirements or expectations, it is your own responsibility to ensure that information provided or Courses offered meet your specific requirements. We do not accept liability for any third-party advertising material on the Website or the LMS System.

12.3 We are not responsible for any direct or indirect loss or damages related to your use of the Website or the LMS System for any reason, even if we were told that loss or damages may occur. We are not responsible for any loss or damages caused by:

12.4 any technical problem, error or other problems (interruption, malfunction, downtime or other failures) that affects the Website, the LMS System or your access to any Course, a Member’s system or any part of any database for any reason;

12.4.1 loss of or damage to any Personal Information or other information because of technical problems, power failures, unlawful acts (such as data theft), a harmful computer program or virus or your own negligence (lack of care);

12.4.2 any event we have no direct control over.

12.5 Your use of the Website and the LMS System, and your access to the Courses, depends on factors beyond our control, such as the network coverage or availability of your mobile network operator or ISP. We are not legally responsible and cannot be blamed for any loss or damages you may suffer if you cannot access the Website, LMS System and the Courses because of factors beyond our control. You waive (give up) any claim against us if this happens.

12.6 We do not guarantee that any file, download or application on the Website, LMS System and in the Courses is safe to use on any computer or device. We also cannot guarantee that the Website, LMS System and the Courses do not have software or data that can negatively affect your computer or device, such as viruses, trojans and other malicious (dangerous) software.

12.7 Information transmitted via the Website and the LMS System will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website and the LMS System will be timely, secure, uninterrupted or error-free and our liability in that respect is excluded.

12.8 We accept no responsibility for any loss or damage incurred by you as a result of:

12.8.1 any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website or the LMS System or in relation to the Courses;

12.8.2 any changes which we may make to the Website or the LMS System or Courses, or for any temporary interruptions in the provision of the Website or the LMS System or Courses;

12.8.3 the deletion of, corruption of, or failure to store, any Course, content or other communication data maintained or transmitted by or through your use of the Website or the LMS System;

12.8.4 your failure to keep your account details secure and confidential.

12.9 We reserve the right to suspend your use of the Website or the LMS System and/or your access to the Courses at any time for operational, regulatory, legal or other reasons.

13 WARRANTIES MADE BY YOU

You confirm that:

13.1 you have full contractual capacity and no court has declared you mentally unfit;

13.2 you have given us the correct information;

13.3 you have read and understood these Terms before making use of the Website and the LMS System.

14 CHANGES TO THE WEBSITE, THE LMS SYSTEM AND THESE TERMS

14.1 We may update or amend these Terms (as well as our policies) from time to time to comply with law or to meet our changing business requirements. When we update our Terms or policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Website.

14.2 For any operational, regulatory, legal or other reasons, we reserve the right to modify, suspend or discontinue the LMS System and Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website and the LMS System you agree to be bound by those updates and amendments.

15 TERMINATION

15.1 Upon the breach by you of any of the provisions of these Terms, your right to access the Website, the LMS System and the Courses shall automatically terminate.

15.2 You can deregister from the Website, LMS System or any Course at any time.

15.3 We may end our relationship with you and stop you from using the Website and the LMS System by blocking your User Account. We do not need to give you a reason for this. We also do not have to give you notice and we may close or block your User Account immediately if:

15.3.1 we believe or suspect you are using the Website and LMS System wrongly or unlawfully (illegally);

15.3.2 we must do this for legal reasons;

15.3.3 we suspect that you are attempting to compromise or interfere with our systems; or

15.3.4 we suspect that your use of the Website and LMS System breaches any of these Terms or is in contravention of any Applicable Laws.

15.4 Ending our relationship with you for any reason will result in the cancellation of your access to and your use of the Website and LMS System (including the Courses) and all applicable Intellectual Property Rights and you must immediately stop all use of the Website and LMS System (including the Courses) and the Intellectual Property Rights therein.

16 HOW DISAGREEMENTS OR DIFFERENCES WILL BE RESOLVED

If you have a complaint or query about your use of the Website and LMS System (including the Courses) or about these Terms, please send an email to queries@geeks4learning.com.

17 WHERE LEGAL DOCUMENTS AND NOTICES WILL BE SENT.

17.1 We choose the following address (our domicilium citandi executandi) for the service or delivery of any legal documents:

Geeks4Learning

Ground Floor

Building E

Hurlingham Office Park

59 Woodlands Avenue

Hurlingham Ext 5

Sandton

Marked for the attention of the Operations Director,

With an electronic copy of such notice emailed to queries@geeks4learning.com.

17.2 We may use the physical address that we have on record for you as the address where legal documents or notices ay be served or delivered to you (your domicilium citandi executandi).

18 GOVERNING LAW

South African law will govern these Terms.

19 GENERAL PROVISIONS

19.1 Headings in these Terms are for information only and must not be used to interpret them.

19.2 South African time applies when any dates or times are calculated.

19.3 If any dispute results from technical issues related to the Website and the LMS System, a court or arbitrator will interpret these Terms practically, without focusing too much on technical issues.

19.4 No extension of time or other indulgence we may allow you will affect any of our rights, whether the extension or indulgence is expressed or implied. We do not waive (give up) any of our rights.

19.5 Where any rights and benefits are specified in these Terms as being for the benefit of a third party (including but not limited to our Members), such rights and benefits shall constitute a stipulatio alteri in favour of the relevant third party, which rights and benefits shall be capable of acceptance by the relevant third party at any time.

19.6 If any clause in these Terms is invalid or illegal or cannot be enforced, the other clauses will still be valid.

19.7 You are responsible for making sure that you never use the Website and LMS System for any illegal purpose.