Terms and Conditions

1. Introduction

THESE TERMS OF USE ("TERMS") BIND YOU, THE COMPANY YOU REPRESENT, AND THE COMPANY THAT REGISTERED YOU (COLLECTIVELY "YOU" REFFERED TO AS “YOU” OR “USER” IN THIS DOCUMENT) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF GEOMETRIC PROGRESSION'S ("OUR", "WE", "US", OR "GEOMETRIC PROGRESSION CC and GEOMETRIC PROGRESSION (PTY) LTD SOFTWARE, WEBSITE, MOBILE APPLICATIONS OR CONNECTED APPLICATIONS SUCH AS APPLE TV, CONSULTING SERVICES, INSTRUCTOR LED TRAINING OR OTHER OFFERINGS ON OUR WEBSITE (COLLECTIVELY, OUR "SERVICES"). BY USING ANY OF THE GEOMETRIC PROGRESSION SERVICES OR CLICKING ON THE "ACCEPT" BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ALL THESE TERMS, CLICK ON THE "DO NOT ACCEPT" BUTTON AND DO NOT USE THE GEOMETRIC PROGRESSION SERVICES. GEOMETRIC PROGRESSION'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THESE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY GEOMETRIC PROGRESSION, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Any version of these terms of use in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

2. Additional Agreements

Any personal information submitted in connection with your use of the Services is subject to Our Privacy Policy, which is hereby incorporated by reference into these terms.

3. General

From time to time, we may update these terms to clarify our practices or to reflect new or different practices, such as when We add new features, and Geometric Progression reserves the right in its sole discretion to modify and/or make changes to these terms at any time. If We make any material change to these terms, we will notify you using prominent means such as by email notice sent to the email address specified in your Account or by posting a notice ON OUR WEBSITE. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of Our Services after changes become effective shall mean that you accept those changes. You should visit the Services regularly to ensure you are aware of the latest version of the terms, as any revised terms shall supersede all previous terms. Geometric Progression may modify the Services or discontinue their availability at any time. You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

If you elect to access or use our Services that involve payment of a fee, then you agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If you provide credit card information to pay for such fees then you hereby represent and warrant that you are authorised to supply such information and hereby authorise Geometric Progression to charge your credit card on a regular basis to pay the fees as they are due.

If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Services pending resolution of any amounts due by you to Geometric Progression.

All of your use, access and other activities relating to the Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Access to our Services from territories where their contents are illegal is prohibited. Those who choose to access or use the Services from locations outside of South Africa and Botswana do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You further agree to comply with all applicable laws regarding the transmission of technical data exported from South Africa or the country in which you reside.

4. Conduct

You may only access the Services for lawful purposes. you are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services.

5. Specific Obligations of USERS

As a User, you represent, warrant and covenant that:

  1. You have read, understood, and agree to be bound by the pricing information before using the Services or registering for a Course.
  2. You are over the age of 18, or, if not, you will only use the Services with the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 13 may not register for an Account or register or purchase courses.
  3. You will not upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services.
  4. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information.
  5. You will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Company Content, the Services or Courses or Submitted Content except as permitted by these terms.
  6. You will not frame or embed the Services to circumvent the Services.
  7. You will not impersonate another person or gain unauthorised access to another person's Account.
  8. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services.
  9. You will not solicit personal information from any Instructor or other user.

Geometric Progression does not guarantee Instructor availability to Users and shall not be held liable for any issues relating to Instructor availability

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6. Registration

To use certain Services, you will need to register and obtain an account and password. You are solely responsible for maintaining the confidentiality of your account, UserName, and password (collectively, your "Account") and for all activities associated with or occurring under your Account. You represent and warrant that your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorised use of your Account and any other breach of security, and (b) ensure that you exit from your Account at the end of each use of the Services. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your Account, either with or without your knowledge, prior to your notifying us of unauthorised access to your Account.

You may not transfer your Account to any other person and you may not use anyone else's Account at any time. In cases where you have authorised or registered another individual, including a minor, to use your Account, you are fully responsible for (i) the online conduct of such Student; (ii) controlling that Student's access to and use of the Services; and (iii) the consequences of any misuse.

7. Content, Licences & Permissions

All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where Geometric Progression provides Content to you in connection with the Services, including, without limitation, the software, the products and the site, it is "Company Content". Content uploaded, transmitted or posted to the Services by a User is "Submitted Content". Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to South African and foreign copyright and other intellectual property laws. You hereby represent and warrant that you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these terms to Geometric Progression with respect to your Submitted Content and that Geometric Progression shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submitted Content as authorised in these terms or have any liability to you or any other party as a result of any use or exploitation of your Submitted Content as authorised in these terms.

In terms of the Courses and Software, Geometric Progression hereby grants you (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these terms and any conditions or restrictions associated with particular Courses or Services. All other uses are expressly prohibited absent our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless we give you explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to you.

Notwithstanding the foregoing, we reserve the right to revoke this license to access and use Submitted Content and Company Content granted to you as described above.

GEOMETRIC PROGRESSION RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. If you believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to Geometric Progression.

8. Pricing, Payment & Taxes

Certain services require payment upfront before any work is conducted. Other services incorporate regularly invoicing. You hereby agree to pay us the fees due as invoiced and / or required. In the event you are invoiced for services that do not require up-front payment, you are required to pay us within thirty (30) days of notification from us and pay (at our discretion) a late payment charge of 2% per month, or the maximum permitted by law, whichever is greater.

All payments are made to Geometric Progression CC and Geometric Progression (Pty) Ltd in Botswana are to include VAT for these countries respectively. It is the responsibility of the User to claim the VAT back if applicable.

Geometric Progression is unable to provide you with tax advice and you should consult your own tax advisor.

9. Advice

Although reasonable care has been taken in the compilation of all software and courses (online, offline and instructor led), use of, or reliance upon the information is at your own risk. Nothing contained in the software and courses (online, offline and instructor led), is to be construed as guidance, a proposal or a recommendation or advice to enter into, or to refrain from entering into any transaction, or an offer to buy or sell any financial instrument, derivative, commodity, currency (including cryptocurrencies and their variations), product or software.

10. Refunds.

Geometric Progression offers users a thirty (30)-day, no-questions- asked money back guarantee on Courses that are purchased on the Geometric Progression website (at www.gpifm.com). Any Courses purchased through Third Party Platforms or the iOS application will not be eligible for refunds. If you, as a Student, are unhappy with such a Course and request a refund within thirty (30) days of the date that you paid for access to that Course, we will provide you with a full refund of the amount you paid. To request a refund, please contact Us via info@gpifm.com. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your Account and refuse or restrict any and all current or future use of the Services, without any liability to you.

11. Trademarks

The trademarks, service marks, and logos (the "Trademarks") used and displayed through our Services or in any Company Content are our registered or unregistered Trademarks or of our suppliers or third parties and are protected pursuant to South African and foreign trademark laws. All rights are reserved and you may not alter or obscure the Trademarks, or link to them without our prior approval.

12. Warranty Disclaimer

The services, company content, submitted content, courses, and any other materials made available on or through the use of the services are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Geometric Progression and its affiliates, licensors, suppliers, advertisers, sponsors and agents, disclaim all warranties, express or implied, including without limitation, implied warranties of title, non- infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Geometric progression and its affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of the services will be uninterrupted, error-free or secure, that defects will be corrected, or that the services, the submissions, the server(s) on which the services are hosted, or any services available on any third party platform are free of viruses or other harmful components. No opinion, advice or statement of Geometric Progression or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made through the use of the services, or on third party platforms or otherwise, shall create any warranty. Your use of the services, including without limitation any services provided on any third party platform, are entirely at your own risk.

Software and electronic courses are distributed “as is” and are sold for the respective operating system advertised. Should there be operating system changes / upgrades that render the software or course unusable after purchasing the course / software, Geometric Progression will not upgrade or provide you with an alternative version or provide a refund. Should a user upgrade (or downgrade) their hardware or third party software which renders the course or software unusable, there is no obligation or requirement for Geometric Progression to provide an alternative or provide a refund.

13. Limitation of Liability

Neither Geometric Progression nor any of our subsidiaries, affiliates, licensors, suppliers, advertisers or sponsors, nor our or their directors, officers, employees, consultants, agents or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the services and/or materials, including any materials available through any third party platform, submissions, any linked websites or any code, product or service purchased, accessible or usable through the services or any third party platform. Your sole remedy for dissatisfaction with the services, materials, including any products or services available through any third party platform, submissions or any linked websites is to stop using the services, materials, submissions, products, or linked websites, as applicable. The sole and exclusive maximum liability to Geometric Progression for all damages, losses and causes of action, whether in contract, tort (including without limitation, negligence) or otherwise, shall be the total amount paid by you to Geometric Progression in the preceding twelve (12) months, if any, to access or use the services. No communication of any kind between you and Geometric Progression or a representative of Geometric Progression constitutes a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms. Multiple claims will not increase the monetary damages limit stated herein. You agree that the damage exclusions in these terms of use shall apply even if any remedy fails of its essential purpose.

Inaccuracies. A possibility exists that the Services provided on any Third Party Platform could include inaccuracies or errors, or information or materials that violate these terms. Although Geometric Progression attempts to ensure the integrity of the Services on Third Party Platforms, we make no guarantees as to the Services' completeness or correctness. In the event that a situation arises in which the Services' completeness or correctness is in question, please submit a request to info@gpifm.com.

System Outages. Geometric Progression periodically schedules system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Geometric Progression has no responsibility and is not liable for: (a) the unavailability of the Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.

14. Indemnification

You hereby indemnify, defend and hold harmless Geometric Progression, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of your breach of any representation or warranty hereunder.

Statute of Limitations. Any claim or cause of action arising out of or related to use of the Services, the terms, or any services or information available through Third Party Platforms, must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred.

15. Termination

Geometric Progression reserves the right to terminate, suspend, modify, or delete, at our sole discretion, any (a) Submitted Content, Company Content, Courses, or any Service; and (b) your access to Our Services or your Account, as follows:

  1. If you breach or violate any of these terms or any of our applicable policies, as posted on our Services from time to time, Geometric Progression may take action immediately without prior notice to you. If we take action pursuant to this section, we shall not have any liability to you for any Course(s) you may have purchased nor for any other use of our Services associated with your Account. For avoidance of any doubt, you understand and agree that you will not be compensated nor be eligible for any refund under any circumstances for any such access lost to our Services, including without limitation to Course(s) you may have purchased;
  2. You may terminate your use of the Services at any time, either by ceasing to access them, or by deleting your Account. We have no obligation to retain any of your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, you must cease all use of the Services and Content.

16. Electronic Notices

By using Our Services or communicating with Geometric Progression, you agree that Geometric Progression may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services or these terms. If Geometric Progression learns of a security system's breach, Geometric Progression may attempt to notify you electronically by posting a notice through the Services or sending an email to you. Notice will be deemed given twenty-four hours after e-mail is sent.

17. Miscellaneous

Severability. If any provision of these terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of these terms.

Waiver. The failure of Geometric Progression to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.

Notice. Any notice or other communication to be given hereunder will be in electronic mail.

No Agency. Nothing in these terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither Geometric Progression nor any other party to these terms shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorised in writing by the party to be bound. Governing Laws. These terms and your use of the Services shall be governed by the laws of South Africa.