Terms of use
TERMS AND CONDITIONS
Effective date : 1 November 2021
Terms of Use
1.1 The content and all trademarks, service marks, logos, pictures, slogans, written material and other content and marks used on this website are the property of Learningtoliveyourbestlife.com. Learningtoliveyourbestlife.com respects the intellectual property of others, and we ask our customers to do the same. Failure to comply with South African and other country’s copyright, trademark and other laws, subject you to criminal and or civil penalties. Hyper-linking or uploading pictures or other content at Learningtoliveyourbestlife.com is prohibited.
1.2 The following User Agreement (“Agreement”) governs the use of the Learningtoliveyourbestlife.com online service (“Service”), including participation in its online bulletin boards and chats (if any), and access to the various content on the Service, as provided by Learningtoliveyourbestlife.com (“Owner”). Please read this Agreement carefully. By your use of and/or registration on any aspect of this Agreement. If you do not agree with these terms, you are not authorized to use the Service. These terms may be modified from time to time and the date of the most recent revisions will appear on this page. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the Agreement. Additional terms of use may appear in other places in the Service and shall be incorporated herein and made a part of this Agreement (to the extent of any conflict, the terms of this Agreement shall control).
1.3 Your failure to follow these terms, whether listed below or posted at various points in the Service, may result in suspension or termination of your access to the Service, without notice, in addition to Owner’s other remedies as may be allowed by law.
2. Ownership
The Content and all trademarks, service marks, logos, slogans, and other marks used in the Service are the property of their respective owners, and you are not granted rights in them other than as specifically set forth herein. Your failure to comply with these terms could be a violation of South African and other countries’ copyright, trademark and other laws, and subject you to criminal and/or civil penalties.
Disclaimer
The content and material presented for view or sale on this website is for educational and informational purposes only. The content should not be used for diagnosis or treatment of any condition or disease. Any case histories presented are provided for illustrative purposes only. No express or implied guarantee of results is made.
Cancellations and Refunds
Cancellation and refund policies may vary by product type and will be displayed on the website. If you have questions you can contact us by visiting : Contact Us.
License to Use Service
You are granted a nonexclusive, non-transferable license to use the Service to view, read, listen to, access, copy and privately perform and display the information, text, photos, illustrations, recordings, and other content (“Content”) that is posted on or uploaded to the portions of the Service to which you are granted access; and to access the various services provided in the Service and to use them in accordance with these terms and other terms as may be posted throughout the Service, Notwithstanding the foregoing, you shall have no rights to copy any of the Content for public distribution, transmission, display, performance, archiving, sublicense, rent, lease, or further use or distribution or for the creation of derivative works other than as specifically allowed herein.
Limitations of Rights to Use Service
6.1 The Service is not intended for users under the age of 13, and Owner does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
6.2 You are responsible for ensuring that any material you provide to the Service or post on Service’s bulletin board or forum, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. You agree to provide to Owner, upon request, copies of all releases from third parties for the use of their content on the Service.
6.3 You agree not to use any indecent, obscene or offensive language or to place on the Service any material that is abusive, harassing, defamatory, libelous, hateful, pornographic, illegal, obscene, or otherwise offensive (in the sole discretion of the Owner). Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone’s privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, provincial, National or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
6.4 Other than connecting to Owner’s servers by http requests using a Web browser, you may not attempt to gain access to Owner’s servers by any means, including, without limitation, by using administrator passwords or masquerading as an administrator while using the Service or otherwise.
6.5 You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.
6.6 You acknowledge that Owner has not reviewed and does not endorse the content of all sites linked to or from this Service and is not responsible for the content or actions of any other sites linked to or from this Service. Your use of links from the Service to any other service or site is at your sole risk.
7. Materials provided to Service
For information regarding use of the material and information you supply or communicate with the Service, please see our Privacy Policy. By ordering products, posting messages, inputting date, or engaging in any other form of communication through the Service, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. You represent, warrant, and agree that such posted information and materials do not violate any of the terms of this Agreement; are not libelous, defamatory or otherwise infringe on the proprietary rights of others; are original to you or are used with permission of the owner, or are clear for use on the Service; or otherwise violate any laws or regulations. Notwithstanding the foregoing, we will not use your credit card or other personal payment information for any purpose other than to complete your ordering transactions, and we will not maintain records of such credit card or ordering information after the order has been fulfilled and full payment receive.
Edits to Content
Owner reserves the right, but undertakes no duty, to review, edit, move or delete any materials, information, postings or Content provided for display or placed on the Service or its bulletin boards, in its sole discretion, without notice. Owner shall have the right to change the Service or your access to the Service without notice or liability.
Copyright Infringement
Owner respects the intellectual property of others, and we ask our users to do the same. Owner may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyrights of others (or otherwise appear to violate the law).
Indemnification
You agree to indemnify Owner and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorney fees and legal costs) which may arise from your submissions of Content to the Service, from your unauthorized use of material, email addresses, information, or Content obtained through the Service from your breach of this Agreement or any of the terms herein, or from any acts related to your use of the Service. Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to this indemnification.
Disclaimer
You acknowledge that you are using the Service at your own risk. The Service is provided “as is”, and the Owner, its affiliates and its third party service providers hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Owner, its affiliates, and its third party service providers. Owner does not represent or warrant that access to the Service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or other harm to your software, hardware or equipment, or that no viruses will be transmitted on the Services.
Release
You hereby agree to release Owner, its affiliates and third party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“”), arising out of or in any way connected with your use of this Service.
Limitation of Liability
Owner, its affiliates, and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this Agreement, the providing of Services hereunder, the sale or purchase of any goods or merchandise from the service, your access to or inability to access the Service, including for viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the merchandise, information or materials available on the Service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
Governing law and jurisdiction
14.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa, and in particular the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) as well as the Consumer Protection Act 68 of 2008 (“CPA”).
14.2 Your continued use of the Website / Service will constitute your consent and submission to the jurisdiction of the South African Courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
14.3 In the event of any dispute arising between you and Owner, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Eastern Circuit Local Division, George) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
14.4 Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
General
15.1 The Owner may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
15.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
15.3 Any failure on the part of you or the Owner to enforce any right in terms hereof shall not constitute a waiver of that right.
15.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
15.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
15.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show, grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
15.7 These Terms and Conditions contain the whole agreement between you and the Owner and no other warranty or undertaking is valid, unless contained in this document between the parties.