Internet Marketing Education Program
Terms and Conditions

1. Overview
   1. The Internet Marketing Education Program (the Program) is owned and run by Geekdom Pty Limited (Geekdom, we, us). This agreement describes the terms and conditions that govern the membership of the nominated party that completes the registration process (through an approved third party) (you).
   2. Before you become a member, you must read, agree with and accept all of the terms and conditions contained in:
      1. The acceptance form (Acceptance Form);
      2. These terms and conditions;
      3. Our policies, including our Privacy Policy (Policies); and
      4. Any additional terms and conditions which may set out specific terms for a particular service (Additional Terms and Conditions).
   3. You agree that the Acceptance Form, these terms and conditions, the Policies and any Additional Terms and Conditions (which may change from time to time) form part of this Agreement. The Acceptance Form, these terms and conditions, Policies and Additional Terms and Conditions are referred to collectively as Program Terms. By completing and signing the Acceptance Form you agree to be bound by all the Program Terms and understand and acknowledge that all the Program Terms form part of your agreement with Geekdom
   4. We may, at our sole discretion, vary or modify the Program Terms from time to time. New services may also attract varied or modified Program Terms. The amended Program Terms will be posted on this website and a notice advising of the change will be posted to your account. Any subsequent access to, or use by you, of any of the services offered in the Program will constitute an acceptance of these Program Terms as they appear at that time.
   5. Except as specifically permitted under the terms of this agreement, these Program Terms cannot be amended except in writing by us and signed by you and us.
   6. In this agreement, a reference to "you" includes a reference to anyone acting on your behalf or with your express or implied authority.
2. The services
   1. Depending on the package outlined in your Acceptance Form, the aim of the Program is to facilitate and educate members on effective internet marketing principles.
   2. Geekversity offers various Geekversity packages. The Geekversity packages offered to you will be set out in your Acceptance Form. If you require more information about the Geekversity packages please contact Geekversity on support@geekversity.org.
   3. As a member of Geekversity, you will have access to the services included in the Geekversity package you choose in your Acceptance Form.
   4. We may change, suspend or terminate our services and suspend, terminate or restrict your membership at any time if we believe that this is reasonably justified within the Program Terms. Our services are only available to individuals (that is, natural persons) and entities that are capable of forming legally binding contracts under applicable law. Your membership is not transferable, unless otherwise agreed by us.
   5. In some of the Geekversity packages members may be granted a membership/license to use:
      1. iiab software and or other softwares. Additional terms and conditions apply for the use of iiab and these may be viewed at www.iiab.com;
      2. Geekdom's Parklings. Terms and conditions apply for the use of Parklings may be viewed at http://www.parklings.com; and
      3. Twa.lk. Twa.lk software is owned by a third party and the terms and conditions that apply to your use of Twa.lk may be viewed at http://www.twa.lk/.
   6. Subject to you having paid all of your Geekversity fees:
      1. You will own the member generated content created in iiab sites only. For the avoidance of doubt, this does not include any auto generated content from or in Parklings
      2. You will have ownership for domains established and created in iiab and Parklings until those domain(s) reach expiration, upon which time, it will be your responsibility to renew domains.
   7. Geekversity does not pay for your traffic and does not reimburse you for any expenses, including those relating to traffic, you incur in relation to your websites.

General terms and conditions

3. Your account
   1. You must be a registered user before you can use any of the services provided through the Program. You must be an individual who can form a legally binding contract under applicable law to register as a member. Without limiting the foregoing, the services are not available to persons under 18 years of age. We reserve the right to refuse to register any person for any reason.
   2. All accounts must be registered with a valid personal email address. Accounts registered with someone else's email address, or with temporary email addresses, may be closed without notice. We may require members to re-validate their account if we believe they have been using an invalid email address.
   3. We may immediately without notice or liability to you suspend or terminate your account, registration or access to any or all services available in this Program if you fail to abide by these Program Terms. If we suspend or terminate your account, registration or access, you must not set up any further accounts, re-register or otherwise use or access the Program.
4. Your obligations
   1. You must not:
      1. Act in any way which breaches the Program Terms; or
      2. Abuse or misuse any services including but not limited to engaging in illegal or fraudulent activities.
   2. You indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to your membership and participation in the Program.
5. Program Information and Content
   1. The content and format of the Program may be changed by us at any time, without notice, in our absolute discretion.
   2. The Program includes information and content provided by third parties (Third Party Information). We do not verify Third Party Information, which may not be complete, timely or accurate for your purposes. We make no representation or warranty of any kind as to the accuracy, timeliness or completeness of Third Party Information, nor do we endorse any Third Party Information.
   3. The Program includes information and content developed by us (Our Information). You acknowledge and agree that:
      1. Our Information is intended only to provide a summary of the relevant subject matter and its brevity could lead to misinterpretation;
      2. While we use all reasonable endeavours to ensure that Our Information is up to date, this is not always possible due to the fast moving nature of internet technology; and
      3. Our Information may include certain errors, omissions or outdated information from time to time.
   4. You should not rely on Our Information as your exclusive or primary source of information. You should not use Our Information to replace advice given by a qualified professional. To the extent permitted by law, we do not warrant the accuracy or timeliness of Our Information and no responsibility can be accepted for those who act on Our Information without first consulting us and obtaining specific advice.
   5. Further you agree and acknowledge that information you receive from the Program does not take into account your personal circumstances or objectives and Geekdom nor its representatives give legal, tax, accounting, business or other professional advice and that you need to seek professional advice which takes into account your personal circumstances and objectives before acting on any information you receive from the Program.
6. Confidentiality and privacy
   1. Any communication or material sent by you in connection with the Program by electronic mail or otherwise, including any data, questions, comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it comprises personal information as defined in the Privacy Act 1988 (if you reside in Australia), the Privacy Act 1993 (if you reside in New Zealand) or the UK Data Protection Act 1998 (if you reside in the United Kingdom) or any other relevant privacy laws (in the applicable jurisdiction).
   2. We respect your privacy. Our Privacy Policy applies to any personal information collected by us from members.
7. Fees and charges
   1. The fees and charges are outlined in the Acceptance Form and are in Australian dollars. We may change some of the fees and charges from time to time.
   2. Unless otherwise specified in these Program Terms, any fees and charges payable to us must be paid by the date nominated on your invoice, without deduction or set off by you. We will issue invoices to you electronically.
   3. Dependant on your country of residence, amounts payable to us may attract goods and services tax (GST). If GST is applicable, such an amount will be included in any amount specified as payable.
   4. We may set off any amounts we owe to you against any amounts owing to us under or in connection with these Program Terms.
8. Term
   
   1. Your agreement with Geekdom ceases on 31 December 2010. However, many of the Geekversity services cease on 30 June 2010. The Acceptance Form sets out the expiration date for particular services.
   2. You may contact Geekdom to discuss your circumstances and explore any methods which Geekdom may assist you in the Program. If your membership to the Program is cancelled, you will no longer be eligible to any licenses/memberships granted to you in under the Program Terms, including use of Parklings and Twa.lk.
9. Cancellation / termination
   
   1. If you decide to cancel your membership or leave the Program:
      1. Within 5 days from the date of payment of your first payment to Geekdom, then Geekdom will provide you with a refund of any Program fees you have paid; or
      2. After 5 days from the date of your first payment to Geekdom but prior to 12 months from the date of your deposit:
         1. Geekdom will not provide any refunds on any deposit or Program fees you have paid if you: (i) simple change your mind; or (ii) make a wrong decision; and
         2. Geekdom will not provide you with any refunds unless you have a right to a refund under the Trade Practices Act 1974 (Cth) or any relevant consumer laws (in the applicable jurisdiction).
   2. If you decide to cancel your membership or leave the Program or you are eligible for a refund pursuant to clause 9.a, then:
      1. on and from the date Geekdom confirms that: (A) your membership is cancelled; or (B) confirms that you are eligible for a refund:
         1. You will no longer be a member of the Program and cannot participate in the Program;
         2. Geekdom will terminate your agreement and will terminate:
            1. Any future obligations you may have under the Program Terms and Conditions, including any future payment obligations. For the avoidance of doubt, you will no longer be required to make any Program payments; and
            2. Any future rights you may have under the Program Terms and Conditions or any other terms and conditions relating to the Program or the any software licenses or memberships granted under the Program Terms; and
         3. You must sign a letter that terminates your agreement (and thus your membership) with Geekdom and acknowledges the terms of your termination.
   3. If Geekdom decides that you are eligible for a refund pursuant to clause 9.a and if you paid the entire amount of the Program fees, Geekdom will refund you the proportion of the Program fees (that you paid) that reflects the remainder of the minimum 12 month term of your Agreement. For the avoidance of doubt, this amount will be determined by dividing the total amount of Program fees you paid by 365 days and then multiplying this figure by the number of days remaining in your 12 month Agreement.
   4. Any cancellation / refund requests must: (a) give Geekdom at least 30 days notice; (b) be in writing and emailed to Geekdom at support@geekversity.org; and (c) must be requested within a reasonable period from the earlier of the date of : i. your first payment to Geekdom; or ii. the date of your agreement with Geekdom.
   5. Please retain your receipt as proof of payment of deposit (if applicable) and Program fees.
   6. If you are eligible for a refund but prefer an alternative to a refund, you may notify Geekdom of your intention in writing by emailing Geekdom at support@geekversity.org. Geekdom may, at its sole discretion, contact you to arrange for our services to be altered to suit your needs
10. Our liability
    1. Subject to any condition, warranty or right implied by the Trade Practices Act 1974 (if you reside in Australia) or the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 (if you reside in New Zealand) or the Unfair Contracts Act 1997 and the Unfair Terms in Consumer Contracts Regulations 1999 (for users in the United Kingdom) or any other applicable law (in the applicable jurisdiction) which cannot by law be excluded by agreement:
       1. We give no warranties, and you have no other rights, apart from those, if any, expressly set out in these Program Terms; and
       2. All implied conditions, warranties and rights are excluded.
    2. Without limiting paragraph 10.a, to the extent permitted by law, we do not give any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors in, or omissions from, the information, software or tools provided on or by the Program.
    3. Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right:
       1. In connection with the supply of goods, to any one or more of the following, as we may determine the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and
       2. In connection with the supply of services, to one of the following, as we may determine the supplying of the services again or the payment of the costs of having the services supplied again.
    4. Subject to paragraphs 10.a and 10.c, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:
       1. Indirect or consequential loss or damage; or
       2. Loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities, customers, software or data, whether of a direct, indirect or consequential nature, suffered by you or any other person and arising out of any breach or other act or omission in connection with these Program Terms.
    5. Subject to this clause 10, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct loss or damage arising out of any breach or other act or omission in connection with these Program Terms will not exceed the total amount paid by you to us for use of the services offered by the Program.
11. No sublicence and Software
    1. You are not permitted to sublicence or assign any licences/memberships (the Licences) granted to you under the Program Terms without our prior written consent. Under the Licences, you acquire no rights to use or access the source code associated with any software used in connection with the Program. Title to all software associated with the Program, unless otherwise indicated, reside in us. No right is granted to reproduce, in whole or in part, any documentation included with the software, including, without limitation for incorporation into any documentation related to the software. You acknowledge that damages at law may be an inadequate remedy and agree that we may enforce our rights under this agreement by any court of competent jurisdiction.
12. Miscellaneous
    1. You must not to:
       1. make any comments to any third party which defames, denigrates or disparages Geekdom, Geekversity or the Program, including its directors, officers, employees, agents, representatives, contractors, Geekversity seminar presenters or any other person involved with the Geekversity seminar; and
       2. make any statement, or permit or authorise any statement to be made, which is calculated or reasonably likely to damage the reputation or cause other damage to Geekdom, Geekversity or the Program, including its directors, officers, employees, agents, representatives, contractors, Geekversity seminar presenters or any other person involved with the Geekversity seminar.
    2. If for any reason the Program is not capable of running as planned, including tampering, unauthorised intervention, fraud, technical failures or other causes beyond the control of Geekdom (including war, riot, natural disaster, labour dispute or law taking effect after the date you enter into this agreement with us), which corrupt or affect the
    3. Administration, security, fraud, integrity or proper conduct of the Program, we reserve the right in our sole discretion to cancel, terminate, modify or suspend the Program.
    4. We may:
       1. Transfer our rights and obligations under these Program Terms to our nominee;
       2. Require you to novate this agreement in favour of our nominee; and/or
       3. Act with your irrevocable power of attorney to sign any necessary documents to enable any such transfer, delegation or novation.
    5. These Programs Terms record the entire agreement between you and us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of these Program Terms.
    6. If any part of these Program Terms is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.
    7. Any failure or delay by us to exercise or enforce these Program Terms does not waive our rights to enforce these Program Terms.
    8. These Program Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales, Australia.
    9. If you have any questions or feedback about the Program or these Program Terms, please contact support@geekversity.org.