1. TERMS AND CONDITIONS OF USE
1.1 These terms and conditions “the terms and conditions” govern your use of the My Genius (“our / we / us”) website located at the domain name www.mygenius.com (“the website”).
1.2 By accessing and using the website, you agree to be bound by the terms and conditions set out in this notice. If you do not wish to be bound by these terms and conditions, you may not access, display, use, download and/or otherwise copy or distribute content obtained at the website.
1.3 We reserve the right to change portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to the website. It is your obligation to periodically check these terms and conditions at the website for any changes. Your continued use of the website following the posting of changes will be considered notice of your acceptance to abide by and be bound by these terms and conditions, including any changes.
1.4 Any headings used are for convenience only and are not relevant for the purposes of interpretation.
1.5 MyGenius is an online community that helps members to network, develop their marketing and take their business to a new level.
2. MEMBERSHIP
2.1 Membership shall be available in various categories. At the time of publication these categories are Dabbler, Explorer, Venturer and Genius. We reserve the right to change the categories available from time to time and without notice.
2.2 You may apply for membership by submitting a completed registration form to us on the website.
2.3 Only persons over the age of eighteen (18) years may apply for membership. By submitting a completed registration form, you warrant that you are over eighteen (18) years of age.
2.4 We reserve the right to accept or refuse applications for membership in our sole discretion, with no requirement that we furnish reasons.
2.5 We reserve the right to terminate any person’s membership without notice and without any refund, in our sole discretion.
2.6 No person may use the website for any unlawful purpose or in any way which violates these terms and conditions or any code of conduct to which we subscribe.
2.7 No person may use the website to promote any other website, service or business which directly or indirectly competes with us.
2.8 Physical meetings may be made available to certain categories of member, as indicated on the Meetings page. Members will be liable for their own transport and telephone costs arising from participation in such meetings. Further terms and conditions may be applicable.
2.9 Members in the Explorer and Venturer categories shall be eligible for one (1) free meeting voucher, which allows them to attend 1 FREE MyGenius meetings nearest them The voucher may not be exchanged for cash and is not transferable or assignable. Vouchers may be redeemed by making a booking on the website.
3. MEMBERSHIP FEES
3.1 It is free to join and levels 1 to 3 are free. Level 4 is US$15.00 per month.
3.2 The membership fee applicable to the category of membership to which you subscribe at the time of subscribing shall not change for the duration of your uninterrupted membership in good standing in that category.
3.3 If you upgrade your membership from Explorer or Venturer to Genius during the month, you will be billed on the same day each month.
3.4 You are entitled to terminate your membership at any time by unsubscribing. You must unsubscribe within 48 hours of your billing date to ensure you are not billed for the following month. You will be liable for membership fees until the termination of your membership.
4. MEMBERSHIP FEES (South Africa)
4.1 It is free to join and levels 1 to 3 are free. Level 4 is R95.00 per month.
4.2 The membership fee applicable to the category of membership to which you subscribe at the time of subscribing shall not change for the duration of your uninterrupted membership in good standing in that category.
4.3 If you upgrade your membership from Venturer to Genius before the last day of a month, you will be charged the membership fee for Genius status on a pro rata basis for the balance of that month.
4.4 You are entitled to terminate your membership by unsubscribing. You may do so with effect from the end of a month by unsubscribing before the 25th day of that month. If you unsubscribe on or after the 25th day of a month, your membership will terminate with effect from the end of the following month. You will be liable for membership fees until the termination of your membership.
5. VALUE ADDED TAX
Value Added Tax (VAT) is levied in terms of the Value Added Tax Act on all membership fees. The rate at date of publication hereof is seventeen and a half percent (17.5%) but is subject to change without notice.
6. VALUE ADDED TAX (South Africa)
Value Added Tax (VAT) is levied in terms of the Value Added Tax Act on all membership fees. The rate at date of publication hereof is fourteen percent (14%) but is subject to change without notice.
7. PAYMENT
7.1 Membership subscriptions may be paid online by credit card. Transaction details will be presented to the bank and an authorization will be obtained for the amount of the subscription, at the time of subscribing.
7.2 Membership subscriptions are payable monthly and payments will therefore be deducted monthly until membership is terminated.
7.3 Your membership subscription shall be concluded when a credit card authorization is received from your bank.
7.4 We reserve the right to refuse any transaction if we are concerned regarding its legitimacy.
7.5 You may view or print a full record of your transaction on the website. Records will be maintained on the website for a period of twelve (12) months.
7.6 All credit card transactions are Secure Socket Layers encrypted.
7.7 The transaction currency is US Dollars and South African Rands for members of the South African community.
8. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
8.1 All content on the website, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, belong to or are licensed to us. All rights therein not expressly granted by us, are reserved and retained. The content is protected by United Kingdom and international copyright laws.
8.2 You may access, display, use, download and copy content from the website for private, non-commercial and information purposes only. This right is non-exclusive, non-transferable, limited and revocable, and subject to these terms and conditions.
8.3 The website and content may not be reproduced, duplicated, copies, resold, visited or otherwise exploited for any commercial purpose without out express prior written consent.
8.4 We reserve the right to make changes to the website, the content, or to the products and services offered through the website at any time and without notice.
9. COMPLAINTS
9.1 We are unable to screen all content made available on the website. We shall not be liable for any illegal, defamatory or obscene content. Complaints about abuse or misuse of the website must be reported to
complaints@mygenius.com.
9.2 We reserve the right to remove or edit content in our sole discretion.
10. ELECTRONIC COMMUNICATIONS
10.1 You consent to receiving communications from us electronically and agree that such means of communication shall be valid for the purpose of any communication required to be given by us to you, and shall, without limiting the generality thereof, fulfill any requirement that a communication be in writing.
11. HYPERLINKS
11.1 You may not link to any page on the website without our express, prior, written permission.
11.2 You may download our logo for use on your website.
11.3 Any hyperlinks provided on the website to external websites are provided as is. We do not necessarily agree with, edit or sponsor the content on any such website.
12. FRAMING
12.1 You may not frame the website or any pages on it in any way whatsoever.
13. SPIDERS AND CRAWLERS
13.1 You may not use any technology to search and gain any information from this site without our express, prior, written permission.
14. LIMITATIONS OF LIABILITY
14.1 The website and all content on the website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. We shall not be liable for any damage, loss or liability of any nature incurred by any person as a result of any action or omission whatsoever. We make no warranty or representation, implied or otherwise, as to the suitability, availability, accuracy or completeness of the content, or any third party content accessible via an internet link. We shall not be held responsible for any damage of any kind whatsoever incurred or suffered, related to the use of, or the inability to access or use the content or the website or any functionality thereof, or of any linked website, even if we are expressly advised thereof.
14.2 It is your sole responsibility to satisfy yourself that the service available from and through the website will meet your requirements and be compatible with your hardware and/or software.
14.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice, nor are they necessarily endorsed by us. You are advised to consult independent professional advisors before relying upon any information, ideas or opinions expressed on the website.
15. GOVERNING LAW
15.1 This website is controlled, operated and administered by us from offices in the United Kingdom. Access to the website from countries where the content is illegal is prohibited. You may not use this website in violation of United Kingdom law. If you access this website from locations outside of the United Kingdom, you are responsible to ensure compliance with all local laws. These terms and conditions shall be governed by the laws of the United Kingdom. It is agreed that any agreement between you and us was concluded at London, United Kingdom.
16. PRIVACY
17. SECURITY POLICY
17.1 If you deliver or attempt to deliver any damaging code to the website, or gain or attempt to gain unauthorized access to any page on the website, you shall be prosecuted and held liable for our damages consequent thereupon.
17.2 You agree and warrant that any log-in name and password made available to you shall be used for your personal use only, and will not be disclosed to any third party.
17.3 We are entitled to take any steps which are, in our opinion, necessary to ensure the integrity and security of the website and back-office applications.
17.4 Credit card transactions (other than South Africa) will be acquired for MyGenius Limited via Paypal who are the approved payment gateway. Paypal uses the strictest form of encryption, namely Secure Socket Layer 3.0 (SSL3.0) and no credit card details are stored on the website. Users may go to
www.paypal.co.uk to view their security policy.
17.4 Credit card transactions for the South African community will be acquired for MyGenius (Pty) Ltd via Virtual Card Services (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. Virtual Card Services uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to
www.vcs.co.za to view their security certificate and security policy.
17.5 Customer details will be stored by MyGenius separately from card details which are entered by the client on VCS's secure site. For more detail on VCS refer to
www.vcs.co.za.
18. DISPUTES
18.1 In the event of a breach by either party, the aggrieved party shall give the party in breach written notice of the breach, coupled with a demand that the breach be rectified within a period of seven (7) days of receipt of the notice. If the party in breach remains in breach after the expiry of such period, then the aggrieved party can elect at its discretion, to cancel the agreement and claim damages from the party in breach, or to seek an order for specific performance against the party in breach. Such an election will be made without derogating from any other rights which the aggrieved party may have in law against the party in breach.
18.2 The parties agree that they shall refer any disputes which arise out of the agreement or any breach or cancellation thereof for confidential arbitration to the Chartered Institute of Arbitrators in the United Kingdom.
18.3 The arbitration shall be conducted in London and in English.
19. GENERAL
19.1 If any of the provisions of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible so as to give effect to the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.
19.2 These terms and conditions, together with any terms incorporated by express reference, constitute the entire agreement between you and us with regard to the use of the website and content.
19.3 We may assign all or a part of our rights or duties. You may not do so.
19.4 Any failure by us to exercise, or delay in exercising, any right, power or privilege shall not in any circumstances operate as a waiver thereof nor prejudice our rights to take subsequent action.
19.5 Should we institute action against you pursuant to a breach by you, then without prejudice to any other rights which we may have, we shall be entitled to recover all legal costs incurred by us on an attorney and client scale, tracing fees and collection commissions, from you.
20. THE ETHOS OF MYGENIUS
20.1 Members join MyGenius to take their businesses to new levels. We achieve this by finding, engaging and collaborating with one another. To ensure that the MyGenius community delivers this value, we remind members of the ethos that we insist on around here:
20.2 Members are encouraged to build their brands, share their knowledge and establish their reputations. We don’t shove product in members’ faces. Rather, build your reputation and relationships - business will follow;
20.3 Advertising of any product or service is only allowed by making use of Genius Ads, a facility only available to Genius level members;
20.4 We encourage members to message, search and blog as much as they want to in order to debate, share and grow. However, reverting to bad language or insulting comments is simply not professional.
20.5 We encourage blogs to be of a business nature, thoughtful, inspiring, insightful and of interest to a broad base of members;
20.6 We ask citizens in this community to give of themselves and to trust that this will be returned in good measure in the long run;
20.7 Keep your profile updated…this is your platform to the world!
20.8 Tell your friends, associates and clients about MyGenius…the more members, the better for everyone!
20.9 Every member has the right to report what they believe is activity contrary to this ethos at info@mygenius.com