1. Introduction
i. This document covers the full set of GeZond Club, (hereinafter referred to as geZond) Terms and Conditions which any member or proxy of any entity agrees to and agrees to abide by through their action of registering on the geZond website and/or makes use of any geZond services. All such members are required to make themselves familiar with these Terms and Conditions.
2. Terms and Conditions
Your access to and use of this website (and any and all related software used to support this website) shall be governed by the following terms and conditions of GeZond Club (hereinafter referred to as “geZond”).
By yourself accessing and using the geZondClub website and/or yourself making use of any services offered by geZond, or yourself making use of any services offered through using a proxy, you agree to comply with and be irrevocably bound by the terms and conditions herein below, in order to use this website and engage in the services of the geZondClub and or its service providers.
This website provides all necessary information with regards to being a member of the geZondClub.
To make use of geZond services, including the receiving of gift packs, you will need to register as a member on this website by selecting a membership level and paying the prescribed fee for the membership level.
By registering as a geZond Club member on this website, you confirm that you irrevocably agree to and are bound by the terms and conditions of the geZondClub as set out herein below.
3. Member Eligibility
Membership lasts only for a calendar month or part thereof. To join, a person must select a membership level and pay the fee for that membership level by electronic transfer to the geZond bank account.
Members must:
i. As an individual, be at least 18 (EIGHTEEN) years of age and capable of entering a legally binding contract and, you must have a valid email address.
If you are a minor:
a. You may not be a member of geZond unless you have reached the legal age your country prescribes in order to enter into a legal contract and act without the assistance of your legal guardian. In South Africa that age is 18 and may differ from country to country. Your legal registration with geZond will be governed by the laws of your applicable country under which authority you reside.
b. If you are under the age of 18 (EIGHTEEN) your legal guardian my open an account in your personal name and as your legal guardian manage your account on your behalf. Your legal guardian will be liable for and bound by the terms and conditions of geZond in their representing capacity as legal guardian.
c. The legal guardian must ensure that the minor do not access the account without the presence and assistance of the legal guardian who will have full account control and access rights until the minor becomes of age.
d. When the minor become of age, he/she may apply to geZond in order to provide him/her with full access to his/her account by submitting the necessary proof as required by geZond. The newly qualified member will then be bound by the terms and conditions in his/her personal capacity.
ii. If using a proxy, your proxy must be at least 18 (EIGHTEEN) years of age and capable of entering a legally binding contract and have a duly signed proxy not older than 3 months.
iii. Agree that if you are a registered company, trust, partnership or any other legal entity which is duly registered under the applicable laws of the country in which the aforesaid entity conducts business, and/or is domiciled, and the person opening the account on behalf of the legal entity confirms their proxy by written declaration/resolution/letter of authority from the entity, that he/she is the duly authorised representative for and on behalf of the legal entity. Through registering on the geZond website, accessing and making use of services offered, that person or proxy will legally bind the represented entity to the geZond terms and conditions as set out herein. Any dispute regarding such authority to represent, shall have no effect on the legality or existence of the contractual relationship between geZond and the entity. geZond reserves the right to request the relevant resolution or Letter of Authority at any time. If the required documentation cannot be presented on request within a reasonable time, geZond reserves the right to suspend the members account until the required documents is presented.
iv. Be sponsored by an existing geZond member (“sponsor”).
v. Be responsible for your own taxes on any proceeds and the declaration thereof with your relevant tax authority. geZond does not deduct or withhold any taxes on your behalf, nor will any reporting tax related responsibilities vest in geZond.
vi. Have a valid identity document and/or certificate of incorporation/registration if you are a registered legal entity, to be eligible for a geZond member’s account.
vii. Take responsibility for maintaining and protecting the confidentiality and safekeeping of your login details, which consist of your email address and password. geZond takes no responsibility for any unauthorized access to or use of your account. In the event of a security breach on geZond’s end, geZond shall notify you as soon as practically possible, in line with the provisions of the GDPR as well as the Protection of Personal Information (POPI) Act, 4 of 2013, Republic of South Africa.
4. Disclaimer of Warranties
You understand and acknowledge that:
i. Neither geZond nor its business partners is responsible for any loss or damage of whatever nature and cannot be held liable for the website being temporarily unavailable due to technical issues and or maintenance beyond geZond’s reasonable control.
ii. geZond cannot provide any guarantees as to the performance, accuracy, timeliness, completeness or suitability of the information (which may contain outdated information, inaccuracies or errors) and services found or offered on this website for any particular purpose, and geZond expressly excludes any liability for such to the fullest extent permissible by law.
iii. Information provided by geZond, including but not limited to statements, trade results and advertisements, are purely for informational purposes and by no means intended to serve as financial or investment advice, or forecasts of future performance.
iv. Your use of any information or services on this website is entirely at your own risk, for which geZond or its business partners cannot be held liable in any manner.
v. You are responsible for ensuring that any product, services or information available through this website meet your specific needs and requirements.
vi. This website may include links to other third-party websites which are not controlled by geZond, which are provided for your convenience and further information, and which you access the same at your own risk.
vii. Any and all conversations, video’s, links, documents and other information obtained directly or indirectly through the use of the geZond web site, including but not limited to any of its affiliate pages, social media links or other electronic communications, are purely for informational purposes, and shall by no means be construed as constituting financial or investment advice.
viii. geZond and its officers cannot be held liable in any manner for any consequential damages that you may occur as a member or that may be incurred by the entity that you represent as a proxy.
5. Copyright
You acknowledge and agree that the geZond website contains confidential information that is protected by COPYRIGHT © and a range of intellectual property laws in South Africa and world-wide. geZond reserves all copyright rights worldwide.
6. geZond’s Exclusive Rights
i. You are permitted to use the geZond website provided that you do not (and do not allow any third party to):
a. Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, meta-data, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in this website in any manner or form;
b. Use modified versions of this website, including (without limitation) for the purpose of obtaining unauthorized access to the website; or
c. Access the website by any means, other than through the interface that is provided by geZond for use in accessing the website.
ii. You authorise geZond to use your name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use. Should you wish to opt-out of marketing-specific communications, you will be provided with a link to exercise such option in the relevant communications.
iii. You permit geZond to contact you via email or text messaging for reasons including, but not limited to, geZond announcements, bonus programs and promotions, changes in policy, etc.
viii. Member and customer lists and names are owned by geZond and may never be used for any commercial or business purpose without the prior written consent of geZond, its directors and officers.
7. Indemnity
i. You indemnify and release geZond from and against all claims, suits, demands, actions, liabilities, costs and expenses (including reasonable legal costs and expenses awarded by any competent court or tribunal) resulting from your access to and/or use of this website, or breach of any terms and conditions you agree to; prior to accessing this website, in the proportion that represents the extent to which the claim, suit, demand, action, liability, cost or expense is caused by your negligent or wrongful acts or omissions.
ii. You understand that failure to comply with the above geZond terms and conditions and policies and procedures herein may result in the termination of the agreement, which could result in geZond suspending your member status.
iii. You understand that any payments due to you may be delayed until final resolution has been achieved.
iv. You acknowledge that in the event of your violation of this agreement and/or geZond’s terms and conditions and/or policies and procedures, your member rights may be terminated.
v. You agree that you indemnify and hold geZond, its directors, officers or employees harmless from any and all claims, damages or expenses (including legal fees) that may arise from your actions or conduct in violation or contravention of this agreement.
vi. You acknowledge geZond’s Members Gift Packet Program is based on current products and is subject to change without prior notice, especially given fluctuating markets and trades beyond the control of geZond.
8. Regulatory and Policy
i. geZond requires of all members that they will act in a manner that is in line with and abides by all regulatory, policy and legal requirements.
ii. Should any member become aware of or receive any form of regulatory or policy or legal communication in any communication medium, the information should be forwarded directly to the CEO of geZond care of geZond support and clearly marked for the personal attention of the CEO.
iii. Should clause 8.2 above occur, no member should circulate or send such information or communications in their possesion to any other members other than to the geZond CEO, as required by clause 8.2.
iv. Transgression of this term and condition of geZond membership can result in geZond cancelling a person’s membership, after geZondhad dispatched any paid-for gift pack to the member.
v. Should clause 8.4 occur and a members membership be terminated, that person will not be able to join geZond again.
9. Limitation of liability
Neither party is liable to the other for any consequential or indirect loss including, but not limited to, loss of profit, loss of data, lost opportunity cost, loss of enjoyment.
10. Transferring your Account
No membership shall be ceded or assigned to any third party. Despite any other terms and conditions contained herein, geZond reserves the right, in exceptional circumstances, to change the account holder detail.
11. Amendments and variations to terms and conditions
i. geZond may amend these terms and conditions from time to time, if and when necessary without prior notice and at geZond’s sole discretion.
ii. Updated terms will appear on this website and it is your responsibility to ensure that you remain abreast of any amended terms or conditions, as applicable.
iii. Your continued use of the web site shall be construed as an unequivocal acceptance of the terms and conditions, as amended.
iv. If you do not agree to comply and be bound by the terms and conditions, as amended from time to time, you must immediately cease using this website, cancel your membership proceeds and notify both geZond support and your referrer.
v. You will remain bound by these terms and conditions for a period of 12 months after cancellation of your membership and will refrain from any conduct that will, may or could cause geZond any reputational damage.
12. Jurisdiction
This agreement and the relationship between the member and geZond shall be governed by the laws of the Republic South Africa and the member agrees to the jurisdiction of the High Court of South Africa (any division) in terms of any legal actions actioned by either the member or geZond.
13. Waiver and Severability of Terms
i. Any failure on the part of geZond to exercise or enforce any rights or provisions of this agreement shall not constitute a waiver of such rights or provisions.
ii. geZond reserves the right to exercise such rights or provisions within one year from date of the contravention of the terms and conditions or the time geZond becomes aware of same, whichever occurred last in time.
iii. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, alternatively such provision shall be severed from the remainder of this agreement and the remaining provisions of this agreement shall remain in full force and effect and binding on the parties.
14. Survivorship
i. All rights in and to your account or information within your account terminate upon your death or winding-up of your estate.
ii. geZond will upon receipt of a request from your executor/liquidator/trustee supported by a formal letter of authority and a copy of a death certificate or notice of winding up, end your membership and provide your executor/liquidator/trustee with a statement of account. geZond will act on the instructions of your executor/liquidator/trustee and either liquidate your monthly membership fee and pay same over to your executor/liquidator/trustee or send your membershipgift packet to your nominated beneficiary after receiving his/her directions.
15. Declaration
i. By accepting herein below, I confirm that I have carefully read, understood, and I agree to comply with geZond’s Terms and Conditions and Policies and Procedures.
ii. I further agree to and understand that geZond’s Policies and Procedures are binding on myself or myself and the entity that I represent if I am a proxy and form part of this agreement.
iii. I understand that I must be in good standing and must not be in violation of any of the terms of the general policies and terms and conditions of geZond in order for myself or the entity that I represent as proxy to be eligible and to receive to any bonuses or payments from geZond.
iv. The continuation of my geZond membership, use of the geZond website services and my acceptance of membership gift packets shall constitute my acceptance of the general policies and procedures and terms and conditions and any and all amendments pertaining to both of the aforesaid.
v. It is required of you as a member of geZond to understand and to wholly abide by the laws of your country in relation to whichever of your country’s laws may have an effect on your membership and use of geZond.
GENERAL POLICIES
1. Introduction
i. This section covers a range of the geZond Club (Hereinafter referred to as geZond) General Policies which any member or proxy of any entity agrees to and agrees to abide by through their action of registering on the geZond website and/or makes use of any geZond services. All such members are required to make themselves familiar with these
General Policies.
2. Policies and Procedures and Terms and Conditions
i. All policies and procedures, as presented herein, and as amended from time to time at the sole discretion of geZond, are incorporated into, and form an integral part of the geZond member’s gift packet and Terms and Conditions.
ii. Throughout these policies and procedures, when the term “agreement” is used, it collectively refers to the geZond Policies and Procedures, the geZond bonuses, together with the terms and conditions in part A hereof.
iii. Notwithstanding anything stated in the aforementioned, it remains the responsibility of each member to read, understand, adhere to, and ensure that he or she is aware of, and operates under the most current version of these policies and procedures. It also remains the sole responsibility of the member to ensure that all their downline referrals are aware of any amendments.
3. Ethics
i. geZond conducts business in an ethical and credible manner based on geZond’s core value of Integrity, which requires that every member deal ethically with their customers, with each other and with geZond.
ii. geZond permits no unethical or illegal activity, nor shall it be held liable for set actions or behaviour.
iii. geZond will intercede when such behaviour is brought to the attention of geZond, as such geZond reserves the right exercise its best judgment in deciding whether certain member activities are unethical. The decision of geZond is final.
iv. Furthermore, geZond may use its own discretion in determining the appropriate course of action, unless the transgression requires legal action.
v. If geZond determines that unethical activities may exist, it reserves the right to suspend or terminate member status, including but not limited to, all bonuses and payments of any kind.
vi. Under no circumstances is a member, whose membership is terminated for unethical or illegal activity, entitled to sell or transfer their position.
vii. Examples of unethical behaviour include, but are not limited to, the following:
a. making any false or misleading remarks, statements, innuendos or spreading rumours that may disparage geZond, its products or services, its bonus plan, its employees, its founders or other geZond Members or business partners.
b. making any claim regarding geZond’s products that are not found on geZond’s current websites or official referral material.
c. making unapproved income claims or revealing the amount of income you are or have received through geZond without prior consent from the geZond Governing Body.
d. using any of the information in your back office or activity report in a manner to influence another geZond member to alter their relationship with geZond in any manner whatsoever.
e. using the information in your back office or activity report to compete with geZond in any manner whatsoever, either directly or indirectly, personally or through an agent or third party.
f. providing, selling or revealing any customer lists and/or their contact information that appears in your activity report or downline report to a third party. This includes the customer lists and/or their contact information that belongs to geZond or appears in any other member’s activity report or downline report.
g. directly or indirectly disclosing the password or other access code to your back office or activity report.
h. forging any signature, including electronic signatures on any document.
i. making any unauthorised use of the geZond ’s name, logos, photos, videos, trademarks or copyrighted material in any way or fashion OR deviating from the content thereof in any form or manner.
j. violation of any government laws or regulations.
k. competing with the geZond’s products or services directly or indirectly through association with another business or through your own personal efforts which includes efforts to try and recruit geZond members to other platforms in competition with geZond, whether directly or indirectly.
l. behaving aggressively or using abusive language, mistreatment, or any other inappropriate behaviour toward any geZond employee, founder or another geZond member.
m. publishing of any confidential information, including personal account statements, growth margins or profit guarantees on any social media platform or any other public platform.
n. engaging, promote or encourage any activity, behaviour, scheme, abuse or conduct in order to obtain an undue financial benefit through the compensation plan or the bonus plan.
4. Territorial Rights/Conducting business across International Borders
i. geZond Club members in foreign countries must adhere to the geZond terms and conditions and policies and procedures governing activities in such countries.
ii. geZond Club members are responsible for knowing and adhering to all laws and accepted business practices within the countries in which they choose to refer. This includes, but is not limited to, customs laws and accepted marketing practices and competition laws.
5. General Rules
i. Always introduce and refer to yourself as ageZond member.
ii. You should never give the impression that you represent geZond in any way as an employee or an official agent.
iii. The use of geZond’s logos, trademarks, trade names or service marks are strictly prohibited without prior, written approval from the geZond Governing body.
iv. geZond will not and cannot be held liable for any losses of whatsoever nature due to unfulfilled promises to prospective members or third parties by any other existing members.
6. Trademarks and Copyrights
i. geZond will not allow the use of its trade names, trademarks, designs, photos, videos, audio recordings or symbols by any person, including any geZond member, without its prior, written permission of the geZond Governing Body.
ii. Members may not produce, for sale or distribution, any recorded geZond events and speeches without written permission from the geZond Governing Body.
7. Events
i. geZond supports the practice of Regional and Local Training Events, as they are valuable educational platforms when conducted properly with both professionalism and integrity.
8. Remuneration of Fees for Action taken by geZond
i. geZond reserves the right to pursue the remuneration of any legal or operational fees or the recovery for any damages as a result of any policy violation by any geZond member.
9. Privacy of Personal Information
i. geZond has a strong commitment to protecting the privacy of its customers and members and their personal information.
ii. Unauthorised disclosure or access of personal information by any member or proxy, including but not limited to, account information or personal identification number, is a violation of geZond’s privacy policy, and is strictly prohibited.
10. Further Limitations
i. geZond reserves the right to limit or disallow any marketing activities that cast negative aspersions on the integrity, truthfulness, and/or reputation of geZond or its members.
ii. Members will adhere to the advertising and representative guideline set forth by the geZond Governing Body.
iii. Members may not interfere with the trading activities or decisions of geZond under any circumstances and will direct any query relating to trading, to the geZond Support Team.
iv. If any query is related to a financial or accounting nature, the geZond Member will be able to communicate and interact with Governing Body in respect thereof.
11. Conclusion
i. The rules and regulations outlined in this document are intended to protect the interests of all involved, which includes the owners, directors, officers and employees and every member of the geZondClub and members are implored to adhere to the terms and conditions, as well as the policies and procedures, as set forth herein to ensure that you are in compliance.
ii. Please note that any infraction of these rules and regulations may result in suspension or termination of your membership.
12. Declaration
i. By accepting herein below, I confirm that I have carefully read, understood, and I agree to comply with geZond’s Terms and Conditions and Policies and Procedures.
ii. I further agree and understand that geZond’s Policies and Procedures are binding and form part of this agreement.
iii. I understand that I must be in good standing and not in violation of any of the terms of this agreement in order to be eligible to receive any bonuses or payments from geZond.
iv. The continuation of my geZond membership or my acceptance of monthly membership gift packets shall constitute my acceptance of the terms and conditions, the policies and procedures and any and all amendments pertaining to both of the aforesaid.
CODE OF CONDUCT
1. Your Conduct - What you cannot do:
You agree not to:
i. Use the geZond website or cause it to be used for any unlawful purposes.
ii. Use any information obtained from this website to transmit or authorise the transmission of junk mail, chain letters, or unsolicited emails or social media publications.
iii. Interfere with, disrupt, or create an undue burden on geZond’s operation of its website or administration in general.
iv. Use any robot, spider, or other device or process to retrieve, index, or in any other way reproduce, modify or circumvent the navigational structure, security or presentation of this website, or cause it to happen.
v. Make any false, misleading or disparaging statements about geZond, its employees or Founders, the geZondGift Packet system, or any registered members, previous and/or current or their positions or the geZond mission and vision.
2. Your Conduct – What you can and are encouraged to do
i. You will conduct yourself as a member in a courteous, fair and ethical manner. In the case of juristic, legal or entities other than individuals, these terms and conditions shall apply mutatis mutandis to all persons involved in and representative of such entities.
ii. You are responsible for supervising and supporting the members you refer to geZond and to ensure that the referred members have acquainted themselves with the terms and conditions of geZond. You acknowledge that you are not a Health Advisor (if not registered as one by the competent authority) and that you are not entitled, qualified or allowed to provide health advice or to any person or entity.
iii. You agree and undertake to maintain monthly communication and support to these members in your commissionable downline by way of any of the following or combination thereof: Personal contact, telephone communication, written communication and attendance at member meetings.
3. You undertake to keep any and all geZond statements private and confidential.
4. Non Compliance – Consequence
i. You understand that if you fail to comply with the terms of this agreement or policies and procedures of geZond, or any part of this agreement, geZond, at its discretion, may terminate your membership.
ii. If this agreement is terminated for any reason, you may, at the geZond governing board’s discretion, be barred temporarily or permanently as a geZond Club member.
PROTECTION OF PERSONAL INFORMATION (POPI)
ACT NO 4 OF 2013, REPUBLIC OF SOUTH AFRICA
1. The geZond Club (hereinafter referred to as “geZond”) complies with the Protection of Personal Information (Popi) Act no 4 of 2013, of the Republic of South Africa, (hereinafter referred to as “the Act”” or “Popi”).
i. Section 14 of the Constitution of the Republic of South Africa, 1996, provides that everyone has the right to privacy; the right to privacy includes a right to protection against the unlawful collection, retention, dissemination and use of personal information.
ii. POPI further states that no individual or entity may possess or hold the personal details of any other individual or entity any format including writing, electronic or other, without the express and authorised (by signature) permission of the disclosing party provided to the receiving party.
iii. This document to be read in conjunction with the geZond Standard Terms and Conditions and the geZond Code of Ethics.
iv. “Disclosing Party” shall means the individual or entity disclosing his/her or its personal information to any other person or entity that requires to hold such information for whatever purpose.
v. “Receiving Party” shall means the individual or entity receiving the personal information of any disclosing party.
2. geZond and POPI
i. geZond requires a range of personal information elements from geZond directors, officers, employees and registered members when a person is appointed to geZond, or registers on the geZond website to make use of geZond services.
ii. geZond directors, officers and employees grant geZond permission to hold the range of personal information elements required bygeZond of every director, officer and employee safely and securely and, geZond undertakes not to disclose such information to any other party, unless instructed to do so by the disclosing director, officer or employee.
iii. geZond members grant geZond permission through the act and processing of their membership registration on the geZond website, to hold the required range of personal information elements required by geZond of every registered member safely securely and, geZond undertakes not to disclose such information to any other party, unless instructed to do so by the disclosing member.
3. Termination of membership of the geZondClub
i. Should the relationship between a director, officer or employee, or a registered and active member of geZond terminate for whatever reason, geZond will hold such individual’s personal information that is on record at geZond, in the records of geZond as may be required by law.
a. “Registered Active Member” shall mean a geZond Club member whose payment for any of the geZondmembership levels have been received into the geZond Club’s account.
ii. The gift pack/s of ”Cancelled Members” is suspended on the geZond system and records as per the geZond Standard Terms and Conditions, if any person who has registered on geZond has not paid his/her membership within 7 (Seven) days of registration.
a. “Cancelled Member” shall mean any person or entity that has registered on the geZond website, but has not funded his/her/its BTC wallet within 7 (Seven) days of registration. Cancelled members will return to good standing when membership fees has been paid to geZond’s account.