PROFESSIONAL SERVICE AGREEMENT
This agreement between you (hereinafter referred to as “the client”) and Live Inspired (Pty) Ltd (herein after referred to as “Live Inspired”) for the purchase of any online course offered by Live Inspired.
This course includes online material in the form of written and oral presentations. By clicking the purchase button the client agrees to the terms which will bind him/her in their personal capacity.
The product is described as self improvement and emotional wellness videos and material. All products available from Live Inspired are professionally edited, created, designed and documented by Life Coach Zaahida Mahomedy (hereinafter referred to as “Zaahida”). Live Inspired reserves the right to change, alter or add any content to the online course at any time without notice to the client.
2.1 The payment is as advertised and set out on the Live Inspired official website per the client’s selection.
2.2 The payment is inclusive of the granting off exclusive, non transferable use of the online material for personal and private use only.
2.3 Payment is accepted online using one of the following: Visa, Mastercard or credit, and/or debit cards or via PayFast.
2.4 Payment can only be made using an authorized card and Live Inspired accepts no liability for any online fraud or losses which could arise from illegal or fraudulent conduct by a third party, whatsoever.
2.5 Live Inspired takes reasonable measures to ensure that their website is secure and all information provided to them regarding payment is kept secure.
Except as expressly set out in this agreement, the client undertakes not to copy or electronically capture the online material in any form whatsoever, translate, merge adapt, vary or modify whole or part of the online material in any form whatsoever for their financial or professional gain.
4. Confidential information
4.1 Confidential information includes, but is not limited to:-
4.1.1 any personal information of and about Zaahida which is not in the public domain;
4.1.2 Any personal information about Zaahida’s immediate family;
4.1.3 all social media content with regards to posts/postings, advertising, marketing, which may include screen-shots and screen recording;
4.1.4 on-line course material including guides and/or manuals, passwords, design of website, assessment and assignment models;
4.1.5 any data collected and used during the online course;
4.1.6 any reference and/or research models arising from the courses;
4.1.7 any financial details including fees and/or charges and/or discounts;
4.1.8 trade secrets; any information that is not commonly known to the public or readily available to in the public domain and that is unique to Live Inspired.
4.1.9 Any other affairs relating to the Zaahida and or Live Inspired and the services provided.
4.2 The client will use best efforts and reasonable diligence to: 4.2.1 Use such confidential information solely for personal use;
4.2.2 Protect supplied confidential information in the same manner as the client protects its own confidential Information;
4.2.3 To reasonably limit dissemination of such confidential information to persons of another company and/or organization.
4.3 Unless expressly set out in this agreement, the client agrees not to:
4.3.1 disclose and/or divulge, directly or indirectly, to any persons any confidential information without the written consent from Live Inspired or Zaahida;
4.3.2 retain, make copies or reproduce any confidential information;
4.4 Should the client disclose and/or divulge such confidential information to any such persons, it shall constitute a breach of such confidentiality and the client can and will be liable for damages to the full extent of the law.
4.5 The client binds themselves liable for any such breach of this contract and Live Inspired, at their discretion, is entitled to seek the necessary compensation and/or remedies available to them in law.
4.6 Should the client be found to have such confidential information and attempted and/or derived a financial benefit from same, it shall be regarded as a breach of this contract and Live Inspired will exercise its right to full extent of the law and will be entitled to compensation from such financial benefit.
4.7 The client agrees that any information and content material received under this agreement will be treated by the client in full confidence and will not be revealed to any other persons, firms or organizations and will not be disclosed in any form and to any other persons, and will be held in the strictest confidence, unless expressly stated in this agreement.
5. Copyright Ownership
5.1 Live Inspired warrants that the online course model is their model, based on personal and professional knowledge and experience and degrees and/or certificates received from reputable institutions by Zaahida. It was born and created for the purpose of educating , inspiring and/or guiding Live Inspired clients.
5.2 Ownership of any material, both physical and intellectual, that the client acquires under this contract of service shall remain the property of Live Inspired.
5.3 The client undertakes to respect Live Inspireds’ intellectual copyrights.
5.4 All content on all Social Media platforms in relation to this online course are the exclusive intellectual property of Live Inspired. Such content can not be replicated and/or distributed or used by any client for professional or financial gain.
6.1 Live Inspired online course is strictly an online course to equip the client with skills to handle certain circumstances in relation to its content.
6.2 The online course is in no way a substitute for a one on one consultation with the Zaahida or any other professional.
6.3 The client is required to consult the with a professional for medical or psychological advice.
6.4 The online course is undertaken voluntarily by the client and does not hold Zaahida or Live Inspired liable should the client be unsatisfied with its content.
6.5 The client shall indemnify and hold the Zaahida as well as Live Inspired harmless against any liability arising from the online course, which includes any third party claims.
6.6 Zaahida as well as Live Inspired shall not be held liable by the client for any claims made and or arising out of, or resulting from the engagement of the online course.
6.7 The client specifically indemnifies the Zaahida and Live Inspired from the following:-
6.7.1 any claims arising from unsatisfactory results and/or outcomes of the online course;
6.7.2 any claims as result of grossly negligent and/or intentional acts and/or failure to act; 6.7.3 Any financial loss suffered by the client and/or a third party as a result of the
6.7.4 Any emotional, psychological, medical or mental complications and or trauma that
may arise from participation in the online course.
6.7.5 Any medical or mental consequences which may result in use and participation of the online course
6.8 The online course must be used as guide only and is in no way a substitute for medical or psychological evaluation, or for the diagnosis or treatment of any physical, mental or psychological condition.
6.9 The information received from the online course must not be used as a substitution for consulting with a licensed physician, psychologist and/or mental health provider.
6.10 A professional must be consulted for diagnosis and treatment of any psychological, medical or mental health conditions.
6.11 References and links to any and all entities, products, services, or sources of information that may be contained in the online course are provided for information purposes only and they do not constitute an endorsement directly or indirectly by Zaahida or Live Inspired.
6.12 Neither Live inspired nor Zaahida can guarantee what the outcome of the online course will be. Any comments about outcomes are expressions of Zaahidas opinion only.
6.13 Each client may experience different outcomes and results from the online course. Live Inspired and Zaahida will not be held liable whatsoever for any action taken or perceived to have been taken by any client or any third party is response to the online course.
7. Default and breach, Cancellation and Termination
7.1 Once payment is made no cancellation or refunds are applicable.
7.2 Live Inspired reserves the right to cancel any online course at any time without notice and at its sole discretion.
7.3 Live Inspired may terminate any client’s online usage of this course by written notice to the client if they commit a material or persistence breach of this agreement and fail to remedy same with 10 working days.
7.4 Upon termination or cancellation for any reason all rights granted to the client under this agreement shall cease and the client obliged to cease all activities in connection with this online course.
8. Intellectual Property Rights
8.1 The client hereby acknowledges that all intellectual property rights in the online course which can be used anywhere in the world, belong solely to Live Inspired and that the client has no rights in or to the online material other than the right to use them for their personal growth and personal knowledge.
8.2 Live inspired has the right to sue the client for damages in respect of infringement of their intellectual property.
9. Social Media Posting
9.1 The client must take note of section 86 of the Electronic Communications and Transactions Act 25 of 2002 (hereinafter referred to as “the Act”) which prohibits any person from accessing and using information of another without their prior consent.
9.2 The client is hereby given consent to create social media posts relating to the online course on any social media platform on condition that:
9.2.1 The information posted is purely for social media usage and is in no way used to generate financial gain to the client;
9.2.2 The applicable Instagram, Facebook, and/or Twitter accounts of Live Inspired must be tagged in all posts relating directly, or indirectly to the online course.
9.2.3 If the post is a screen recording of the course, it must not be longer than 60 seconds.
9.3 Live inspired and Zaahida are held harmless against any liability that may arise from the clients posts in relation to the online course.
10. Non transferable
10.1 This agreement is binding on the client and Live Inspired and on both the respective successors.
10.2 The client may not transfer, assign, change or otherwise dispose of this online course or any of its rights to usage arising under this agreement.
10.3 Live Inspired may transfer, assign, change or otherwise dispose of this online course or any of its rights under this agreement.
11.1 If Live Inspired fails, at any time during the term of this online course, to insist upon strict performance of any of the clients obligations, or if they fail to exercise any of the rights or remedies to which they are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve the client from compliance with such obligations.
11.2 A waiver by Live Inspired of any default shall not constitute a waiver of any
11.3 No waiver by Live Inspired of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to the client in writing.
12.1 Any notice required or permitted to be given by either party to the other under these terms shall be in writing.
12.2 If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.
12.3 Any dispute or claim arising out of or in connection with this website and or online course and or course material as the case maybe shall be governed by the Laws of the Republic of South Africa.
12.4 Live Inspired chosen domicilium is the Republic of South Africa.
12.5 Sharing the clients login details with anyone other than the registered client is prohibited and will be considered an offense under the Act.
13. Entire Agreement
13.1 These terms and any document expressly referred to in them represent the entire agreement between the parties in relation to the purchase of online course, and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
13.2 The parties each acknowledge that, in entering into these terms, neither of them have relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between the parties prior to entering into these terms, except as expressly stated in these terms and conditions.
13.3 Neither of of the parties shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of entering into these terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
14. Right to vary the terms and conditions
Live Inspired has the right to revise and amend these terms and conditions from time to time.