BOUNDARIES (R)EVOLUTION 3.0 (12 Month Access) Legal Agreements and Terms and Conditions – https://docs.google.com/document/d/14FxZd3FUPg60HutByb4H07qqXPETsUhVdQs6I48X61Q/edit
In Laws Masterclass Legal Agreements and Terms and Conditions
(These Terms and Conditions refer to the In Laws Masterclass product ONLY)
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 the following online course course:
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.
Product
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.
Payment
The payment is as advertised and set out on the Live Inspired official website per the client’s selection.
The payment is inclusive of the granting off exclusive, non transferable use of the online material for personal and private use only.
Payment is accepted online using one of the following: Visa, Mastercard or credit, and/or debit cards or via PayPal.
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.
Live Inspired takes reasonable measures to ensure that their website is secure and all information provided to them regarding payment is kept secure.
Undertakings
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.
Confidential information
Confidential information includes, but is not limited to:-
any personal information of and about Zaahida which is not in the public domain;
Any personal information about Zaahida’s immediate family;
all social media content with regards to posts/postings, advertising, marketing, which may include screen-shots and screen recording;
on-line course material including guides and/or manuals, passwords, design of website, assessment and assignment models;
any data collected and used during the online course;
any reference and/or research models arising from the courses;
any financial details including fees and/or charges and/or discounts;
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.
Any other affairs relating to the Zaahida and or Live Inspired and the services provided.
The client will use best efforts and reasonable diligence to:
Use such confidential information solely for personal use;
Protect supplied confidential information in the same manner as the client protects its own confidential Information;
To reasonably limit dissemination of such confidential information to persons of another company and/or organization.
Unless expressly set out in this agreement, the client agrees not to:
disclose and/or divulge, directly or indirectly, to any persons any confidential information without the written consent from Live Inspired or Zaahida;
retain, make copies or reproduce any confidential information;
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.
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.
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.
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.
Copyright Ownership
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.
Ownership of any material, both physical and intellectual, that the client acquires under this contract of service shall remain the property of Live Inspired.
The client undertakes to respect Live Inspireds’ intellectual copyrights.
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.
Indemnity
Live Inspired online course is strictly an online course to equip the client with skills to handle certain circumstances in relation to its content.
The online course is in no way a substitute for a one on one consultation with the Zaahida or any other professional.
The client is required to consult the with a professional for medical or psychological advice.
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.
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.
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.
The client specifically indemnifies the Zaahida and Live Inspired from the following:-
any claims arising from unsatisfactory results and/or outcomes of the online course;
any claims as result of grossly negligent and/or intentional acts and/or failure to act;
Any financial loss suffered by the client and/or a third party as a result of the course;
Any emotional, psychological, medical or mental complications and or trauma that may arise from participation in the online course.
Any medical or mental consequences which may result in use and participation of the online course
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.
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.
A professional must be consulted for diagnosis and treatment of any psychological, medical or mental health conditions.
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.
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.
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.
Default and breach, Cancellation and Termination
Once payment is made no cancellation or refunds are applicable.
Live Inspired reserves the right to cancel any online course at any time without notice and at its sole discretion.
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.
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.
Intellectual Property Rights
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.
Live inspired has the right to sue the client for damages in respect of infringement of their intellectual property.
Social Media Posting
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.
The client is hereby given consent to create social media posts relating to the online course on any social media platform on condition that:
The information posted is purely for social media usage and is in no way used to generate financial gain to the client;
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.
If the post is a screen recording of the course, it must not be longer than 60 seconds.
Live inspired and Zaahida are held harmless against any liability that may arise from the clients posts in relation to the online course.
Non transferable
This agreement is binding on the client and Live Inspired and on both the respective successors.
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.
Live Inspired may transfer, assign, change or otherwise dispose of this online course or any of its rights under this agreement .
Waiver
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.
A waiver by Live Inspired of any default shall not constitute a waiver of any subsequent default.
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.
General
Any notice required or permitted to be given by either party to the other under these terms shall be in writing.
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.
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.
Live Inspired chosen domicilium is the Republic of South Africa.
Sharing the clients login details with anyone other than the registered client is prohibited and will be considered an offense under the Act.
Entire Agreement
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.
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.
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.
Right to vary the terms and conditions
Live Inspired has the right to revise and amend these terms and conditions from time to time.
Boundaries Revolution 2.0 12 Month Access Legal Agreements and Terms and Conditions
(These Terms and Conditions refer to the Boundaries (R)Evolution 2.0 12 Month Access product ONLY)
PROFESSIONAL SERVICE AGREEMENT
This agreement between you (hereinafter referred to as “the Client”) and Live Inspired
(Pty) Ltd (hereinafter referred to as “Live Inspired”) for the purchase of the following online course: The Boundaries Revolution.
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.
- PRODUCT
1.1. The product is described as self improvement and emotional wellness videos and material.
1.2. All products available from Live Inspired are professionally edited, created, designed and documented by Life Coach & Mentor Zaahida Mahomedy (hereinafter referred to as “Zaahida”) and her team.
1.3. Live Inspired reserves the right to change, alter, delete or add any content to the online course at any time without notice to the client. - PAYMENT
2.1. The payment is as advertised and set out on the Live Inspired official website as per the client’s selection.
2.2. The payment is inclusive of the granting of exclusive, nontransferable use of the online material for personal and private use, only for a specific time period as set out here-under.
2.3. Payment is accepted online using one of the following:
2.3.1. Visa;
2.3.2. Mastercard or credit card; 2.3.3. Debit cards;
2.3.4. PayPal.
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, however, each client is required to ensure that all safety measures are adhered to and that they are vigilant of any possible cyber crimes. Live Inspired will not be held liable for such crimes or negligence whatsoever.
12.1. In the event that the Client does not complete all portions of the Program, the Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing this Agreement.
- UNDERTAKINGS
3.1. 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.
Through rendering payment, you (“the Client”) agree to the following terms in their entirety: - DISCLAIMER + COACHING DEFINITION
4.1. For the purposes of the program, Zaahida is not an employee, personal therapist, one-on-one coach, counselor, or other agent of the Client. Zaahida may offer her opinion regarding decisions, but it is the responsibility of the Client to make the final decision and choose the best option for him/her.
4.2. Coaching Services defined: Zaahida is an Emotional Wellness & Life Coach, who offers the following Coaching Services as part of the Group Program:
assisting Clients to upskill their mindset, emotional management, communication skills and strategies to utilize healthy boundaries in personal and/or professional relationships.
4.3. Coaching Services do not include:
4.3.1. dealing with or attending to any trauma or mental health issues that arise
for the Client;
4.3.2. therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy;
4.3.3. specific relationship advice;
4.3.4. one-on-one Coaching Services.
4.4. The Client hereby acknowledges that Emotional Mentoring/Coaching and Mindset Coaching are subjective services and Live Inspired’s methods to provide these services may change in terms of style and/or technique.
4.5. Live Inspired and/or Zaahida may use its personal judgment to provide the Program services to the Client, even if these methods do not follow strict adherence to the Client’s suggestions.
4.6. The Client hereby acknowledges that the Client is solely responsible for the amount and type of results and/or the Client generates by implementing techniques and advice provided by Zaahida. The Client also acknowledges that he/she is solely responsible for any decision in his/her
personal and/or professional relationships and indemnifies Zaahida and Live Inspired from any liability regarding said decision. Similarly, the Client also agrees that he/she is solely responsible for any personal decision and indemnifies Zaahida and Live Inspired from any liability regarding said decision.
- COACH’S RESPONSIBILITIES
5.1. Zaahida promises to offer Coaching Service as part of the Boundaries Revolution Program.
5.2. Coaching Services include:
5.2.1. seven (7) 90-minute group coaching sessions via Zoom, which will take place as per schedule on the course platform, each week during the term of the course, and;
5.2.2. Optional 15 minute clarity sessions which can be booked as per schedule and instructions set out on the course platform.
5.3. Zaahida may also provide educational support materials, such as workbooks and/or video modules, to assist the Client in better understanding the techniques and strategies discussed in the weekly calls. - THE CLIENT’S RESPONSIBILITIES
6.1. The Boundaries Revolution has been developed for educational purposes only.
6.2. Zaahida has established her proprietary Program in order to educate and inspire the Client to pursue his/her personal goals. However, the Client hereby acknowledges that Zaahida does not guarantee the Client’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Boundaries Revolution Program.
6.3. The Client accepts and agrees that the Client is 100% responsible for his/her results from the Program. The Client acknowledges that, as with any business endeavor and investment, there is an inherent risk associated. As such, the Client agrees that there is no guarantee that the Client will attain his/her goals by simply completing the Boundaries Revolution Program.
6.4. Nevertheless, the Client acknowledges that he/she can optimize his/her potential results from the Boundaries Revolution Program by adhering to the following:
6.4.1. Completion of all the Program material, including assignments and worksheets if applicable;
6.4.2. Thoughtful and meaningful participation in all group coaching calls with Zaahida;
6.4.3. Utilization of the members only private Facebook Group;
6.4.4. Completion of all assigned work, material and research between each coaching call;
6.4.5. Committing to the Program;
6.4.6. Attending each coaching call at the scheduled date, on time;
6.4.7. Taking a 100% responsibility for the Client’s results, a 100% of the time.
- RESCHEDULING POLICY
7.1. A big component of success is discipline and commitment. In order to achieve optimal results under this Program, the Client should commit to the schedule as follows:
7.1.1. This is a nine week (9-week) Program, consisting of:
7.1.1.1. 9 video modules;
7.1.1.2. seven (7) ninety-minute (90-minute) group coaching calls; 7.1.1.3. An Optional 15 minute clarity session.
7.2. The dates of the group coaching sessions are subject to change according to Zaahida’s discretion. Zaahida understands that sometimes, “life happens”. However, Zaahida does not provide “make-up calls” to any Group Program that the Clients are absent for nor does Live Inspired provide any refunds or discounts for the Client’s failure to attend any call or complete any portion of the Program.
7.3. The 15 min clarity session must be booked and confirmed as set out below and as per the course platform . If missed for whatsoever reason, the Client’s time slot may be forfeited without another a further session allocated.
- CLARITY SESSIONS – COMMUNITY HOURS
8.1. Each client will have the opportunity to request a 15 min clarity session with Zaahida.
8.2. This session is subject to the following conditions:
8.2.1. The session must be booked specifically as set out in the course schedule; this schedule will be sent to all clients and may be updated or varied by Live Inspired at their sole and absolute discretion;
8.2.2. Bookings will be on a first come first serve basis and must be booked by sending an email to admin@liveinspired.co.za.
8.2.3. Once the session is confirmed, the time allocated will run for 15 minutes. Therefore if the client is late, their time will be accordingly reduced pro- rata and no additional time will be allocated.
8.3. These sessions are designed for the purpose of clarity and further direction in terms of the course material only. These sessions are not coaching sessions or substitution for a one on one session.
8.4. Due to the time restraints, the Client is encouraged to the keep their questions clear and concise so as to gain the maximum benefit from this session.
8.5. Zahida reserves the right to refuse to engage in any particular question if she is off the opinion that the concern/question raised does not fall under the ambit of the course or its aims.
- ACCESS
9.1. Full payment as set out above will allow the Client unlimited access to the entire course for a period of no less than 12 months, which will include access including but not limited to the following:
9.1.1. Online course material;
9.1.2. Private Facebook support group; 9.1.3. Replay of Live calls;
9.1.4. Alignment portal tools;
9.2. At the expiration of the 12 months, each client will be allocated the option of renewal for a further 12 months subject to a yearly increase, which amount will be communicated to the Client by Live Inspired. - CYBER CRIMES ACT 19 of 2020 AND THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013
10.1.The above mentioned Act criminalises the disclosure of data messages which are harmful in any way. The Act also criminalises the abuse and misuse of personal information of another person or entity where there is reasonable suspicion that it was used or may be used to commit a cybercrime. Committing an offense under the Cybercrimes Act could carry a fine of up to R 10 million Rand and/or an imprisonment period of up to 25 years.
10.2.The Boundaries Revolution is an online course therefore the Client is required to conduct themselves in a responsible manner when dealing with other participants personal and private information.
10.3.All communication which is held in the Facebook group Sessions are therefore private in nature and the Client is instructed to treat this information with the utmost integrity and confidentiality.
10.4.Deliberate misuse of any private information of Live Inspired, Zaahida or any other participant may be seen as a violation of the Cyber Crimes Act as well as the POPI Act and Live Inspired and/or the victim of such crime will have the right to proceed with criminal action and or litigation.
10.5. The client acknowledges that the collection of personal information is both necessary for the proper functioning of this course and, which falls within the scope of the execution and obligations of the Live Inspired Academy.
10.6.By accepting the terms and conditions of the agreement, the client consents to Liveinspired use of his/her private and personal information insofar as it is necessary to conduct and or operate the online course
- WHATSAPP SUPPORT GROUPS
11.1.Whilst Live Inspired does support the creation and development of WhatsApp support groups amongst the participants of the programme, Live Inspired is in no way a part of these groups and is completely indemnified from any activity, advise or concerns that may be discussed in these groups.
11.2.Client is encouraged to use these groups as a support tool and/or study tool for the duration of the course and to comply with all the provisions of privacy, confidentially and ethics as set out in this agreement. - REFUND POLICY
13.1. All sales are final for this course. Due to the inherent nature of educational programs and the electronic transmission of same, there are no refunds. - DEFAULT AND BREACH, CANCELLATION AND TERMINATION
14.1. Once payment is made no cancellation or refunds are applicable.
14.2.Live Inspired reserves the right to cancel any online course at any time without notice and at its sole discretion. Live Inspired may terminate any of the Client’s online usage of this course by written notice to the Client if they commit a material or persistent breach of this agreement and fail to remedy same with 10 working days.
14.3.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.
- TERMINATION
15.1.Zaahida is committed to providing quality service to all Clients. However, from time to time, situations arise that require Zaahida to terminate the Agreement before the Term ends. As such, Zaahida reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes:
15.1.1. The Client fails to follow Program guidelines;
15.1.2. The Client is abusive or harasses Zaahida or other members of the Program;
15.1.3. The Client proves to be difficult to work with; or
15.1.4. for any other legitimate business purposes in the best interest of Zaahida.
15.2. If the agreement is terminated due to any of the above reasons, the Client is still liable to pay the entire cost of the course.
15.3.The Client dissatisfaction with Live Inspired and/or Zaahida’s subjective teaching style, independent judgment, methods or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to the Client.
- CONFIDENTIALITY, INTELLECTUAL PROPERTY, LIMITED LICENSE
16.1.Confidential Information – Live Inspired takes pride in its proprietary information included in each Program. As such, the Client agrees and acknowledges all Confidential Information shared through this Program and Zaahida is confidential, proprietary, and belongs exclusively to Live Inspired.
16.2. “Confidential Information” includes, but is not limited to:
16.2.1. Any systems, sequences, processes or steps shared with the Client;
16.2.2. Any information disclosed in association with this Agreement;
16.2.3. Any trade secrets in connection with the Program or Live Inspired business practices.
16.2.4. Any personal information about Zaahida or any Client or participant which is not in the public domain;
16.2.5. Any personal information about Zaahida’s or any Client or participants immediate family;
16.2.6. all Live Inspired’s social media content with regards to posts/postings, advertising, marketing, which may includes screenshots and screen recordings;
16.2.7. Live Inspired’s online course material including guides and/or manuals, passwords, design of website, assessment
and assignment models;
16.2.8. 16.2.9. 16.2.10. 16.2.11.
16.2.12.
any data collected and used during the online course;
any reference and/or research models arising from the courses;
any financial details including fees and/or charges and/or discounts;
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.
Any other affairs relating to Zaahida and/or Live Inspired and the services provided.
16.3.The Client and Live Inspired will use their best efforts and reasonable diligence to:
16.3.1. 16.3.2.
16.3.3.
Use such confidential information solely for personal use;
Protect supplied confidential information in the same manner as they would protect their own confidential information;
To reasonably limit dissemination of such confidential information to persons of another company and/or organization.
16.4. Unless expressly set out in this agreement, the parties agree not to:
16.4.1. disclose and/or divulge, directly or indirectly, to any persons any confidential information without explicit or written consent from the other party;
16.4.2. retain, make copies or reproduce any confidential information;
16.5.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. Both civil and criminal action will be taken against the Client.
16.6. 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.
16.7.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 the extent of the law and will be entitled to compensation from such financial benefit.
16.8.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, firms or organizations
and will be held in the strictest confidence, unless expressly stated in this agreement.
16.9. Testimonials –
16.9.1. Notwithstanding any other clause in this agreement, Live Inspired may use general statements about the Client’s
success as social proof and part of its marketing strategy.
16.9.2. By clicking “Accept” on this Agreement, the Client consents to Live Inspired sharing the Client’s success stories as testimonials on Live Inspired’s website and/or social media.
16.10. Intellectual Property –
16.10.1. 16.10.2.
16.10.2.1. 16.10.2.2. 16.10.2.3. 16.10.2.4. 16.10.2.5. 16.10.2.6.
This Program, content and products contain intellectual property owned by Live Inspired.
This Agreement is the intellectual property owned by Live Inspired. Other examples of intellectual property found on our website and within our products and services include, but are not limited to:
trademarks, service marks, layout, logos, business name, design,
text,
16.10.2.7. 16.10.2.8. 16.10.2.9. 16.10.2.10. 16.10.2.11. 16.10.2.12.
written copy,
certain images,
podcast recordings,
videos,
audio files,
and all of our paid products (collectively referred to as “Intellectual Property”).
16.11. The Client shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by Live Inspired described within this Section in either whole or part without prior written consent.
16.12. Limited License –
16.12.1.
16.12.2.
Live Inspired grants only a limited, personal, non-exclusive and nontransferable license to the Client to use the Intellectual Property for your personal use. You acknowledge that any and all products or services that you download are for your own personal use.
The Client shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
16.13. If the Client is also a business owner in a similar industry, the Client must not misappropriate any of Zaahida’s intellectual property and proprietary information in the following manner:
16.13.1.
16.13.2. 16.13.3.
Teaching the Client’s personal clients any of the information, methods, solutions, or formulae owned by Zaahida and passing it off as her own;
Copying any of Zaahida’s course material for the Client’s personal use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Zaahida in either whole or part without prior written consent.
16.14. 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. Live Inspired has the right to sue the Client for damages in respect of infringement of their intellectual property.
- INDEMNIFICATION / LIMITATION OF LIABILITY
17.1.The Client hereby acknowledges that neither Zaahida nor Live Inspired is liable for any injuries that may arise from the Client’s personal decisions based off of his/her participation in this Program, including but not limited to: a decision to leave a marriage or a job, a decision to take action in any relationship, or any of the Client’s decisions. The Client hereby agrees to
indemnify and hold harmless both Zaahida and Live Inspired of any claims that may arise after participation in the Program.
17.2. Live Inspired online course is strictly an online course to equip the Client with skills to handle certain circumstances in relation to its content.
17.3. The online course (including the 15 minute one-on-one session) is in no way a substitute for Live Inspired’s exclusive one-on-one consultation with Zaahida or any other professional.
17.4.The Client is required to consult with a professional for medical or psychological advice.
17.5. 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.
17.6. The Client shall indemnify and hold Zaahida as well as Live Inspired harmless against any liability arising from the online course, which includes any third party claims.
17.7. 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.
17.8.The Client specifically indemnifies Zaahida and Live Inspired from the following:-
17.8.1. any claims arising from unsatisfactory results and/or outcomes of the online course;
17.8.2. any claims as a result of grossly negligent and/or intentional acts and/or failure to act;
17.8.3. any financial loss suffered by the Client and/or a third party as a result of the course;
17.8.4. any emotional, psychological, medical or mental complications and/or trauma that may arise from participation in the online course.
17.8.5. any medical or mental consequences which may result in the use and participation of the online course.
17.8.6. any breach of confidentiality or breach of any other law or legislation by any other participant in the programme.
17.9.The online course must be used as a 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.
17.10. 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.
17.11.A professional must be consulted for diagnosis and treatment of any psychological, medical or mental health conditions.
17.12. 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.
17.13. Neither Live Inspired nor Zaahida can guarantee what the outcome of the online course will be. Any comments about outcomes are expressions of Zaahida’s opinion only.
17.14.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 in response to the online course.
- NONTRANSFERRABLE
18.1.This agreement is binding on the Client and Live Inspired and on both the respective successors.
18.2.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.
18.3.Live Inspired may transfer, assign, change or otherwise dispose of this online course or any of its rights under this agreement.
- WAIVER
19.1. 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.
19.2. A waiver by Live Inspired of any default shall not constitute a waiver of any subsequent default.
19.3.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 and will be considered an offense under the Act. - ENTIRE AGREEMENT
20.1. These terms and any document expressly referred to in them represent the entire agreement between the parties in relation to the purchase of the online course and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
20.2. 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.
20.3.Neither 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.
- GENERAL
21.1.Any notice required or permitted to be given by either party to the other under these terms shall be in writing.
21.2.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.
21.3. Any dispute or claim arising out of or in connection with this website and or online course and/or course material as the case may be shall be governed by the Laws of the Republic of South Africa.
21.4. Live Inspired chosen domicilium is the Republic of South Africa.
21.5.Sharing the Client’s login details with anyone other than the registered Client is prohibited and will be considered an offense under the Act.
- MISCELLANEOUS
A. Amendments – We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
B. Headings & Severability – Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. Entire Agreement – This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic and is the full extent of the Agreement between the parties.
D. All Rights Reserved – All rights not expressly granted in this Agreement are reserved by us.
Boundaries Revolution Life Time Access Legal Agreements and Terms and Conditions
(These Terms and Conditions refer to the Boundaries (R)Evolution Life Time Access product ONLY)
Boundaries Revolution Life Time Access
This agreement between you (hereinafter referred to as “the Client”) and Live Inspired
(Pty) Ltd (hereinafter referred to as “Live Inspired”) for the purchase of the following online course: The Boundaries Revolution.
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.
- PRODUCT
1.1. The product is described as self improvement and emotional wellness videos and material.
1.2. All products available from Live Inspired are professionally edited, created, designed and documented by Life Coach & Mentor Zaahida Mahomedy (hereinafter referred to as “Zaahida”) and her team.
1.3. Live Inspired reserves the right to change, alter, delete or add any content to the online course at any time without notice to the client. - PAYMENT
2.1. The payment is as advertised and set out on the Live Inspired official website as per the client’s selection.
2.2. The payment is inclusive of the granting of exclusive, nontransferable use of the online material for personal and private use only.
2.3. Payment is accepted online using one of the following:
2.3.1. Visa;
2.3.2. Mastercard or credit card; 2.3.3. Debit cards;
2.3.4. PayPal.
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, however, each client is required to ensure that all safety measures are adhered to and that they are vigilant of any possible cyber crimes. Live Inspired will not be held liable for such crimes or negligence whatsoever.
2.6. Even if the Client does not use the lifetime access to the programme, the Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing this Agreement.
- UNDERTAKINGS
3.1. 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.
Through rendering payment, you (“the Client”) agree to the following terms in their entirety: - DISCLAIMER + COACHING DEFINITION
4.1. For the purposes of the program, Zaahida is not an employee, personal therapist, one-on-one coach, counselor, or other agent of the Client. Zaahida may offer her opinion regarding decisions, but it is the responsibility of the Client to make the final decision and choose the best option for him/her.
4.2. Coaching Services defined: Zaahida is an Emotional Wellness & Life Coach, who offers the following Coaching Services as part of the Group Program: assisting Clients to upskill their mindset, emotional management,
communication skills and strategies to utilize healthy boundaries in personal and/or professional relationships.
4.3. Coaching Services do not include:
4.3.1. dealing with or attending to any trauma or mental health issues that arise
for the Client;
4.3.2. therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy;
4.3.3. specific relationship advice;
4.3.4. one-on-one Coaching Services.
4.4. The Client hereby acknowledges that Emotional Mentoring/Coaching and Mindset Coaching are subjective services and Live Inspired’s methods to provide these services may change in terms of style and/or technique.
4.5. Live Inspired and/or Zaahida may use its personal judgment to provide the Program services to the Client, even if these methods do not follow strict adherence to the Client’s suggestions.
4.6. The Client hereby acknowledges that the Client is solely responsible for the amount and type of results and/or the Client generates by implementing techniques and advice provided by Zaahida. The Client also acknowledges that he/she is solely responsible for any decision in his/her personal and/or professional relationships and indemnifies Zaahida and Live Inspired from
any liability regarding said decision. Similarly, the Client also agrees that he/she is solely responsible for any personal decision and indemnifies Zaahida and Live Inspired from any liability regarding said decision.
- COACH’S RESPONSIBILITIES
5.1. Zaahida promises to offer Coaching Service as part of the Boundaries Revolution Program.
5.2. Coaching Services include:
5.2.1. seven (7) 90-minute group coaching sessions via Zoom, which will take place as per schedule on the course platform, each week during the term of the course, and;
5.2.2. Optional 15 minute clarity sessions which can be booked as per schedule and instructions set out on the course platform.
5.3. Zaahida may also provide educational support materials, such as workbooks and/or video modules, to assist the Client in better understanding the techniques and strategies discussed in the weekly calls. - THE CLIENT’S RESPONSIBILITIES
6.1. The Boundaries Revolution has been developed for educational purposes only.
6.2. Zaahida has established her proprietary Program in order to educate and inspire the Client to pursue his/her personal goals. However, the Client hereby acknowledges that Zaahida does not guarantee the Client’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Boundaries Revolution Program.
6.3. The Client accepts and agrees that the Client is 100% responsible for his/her results from the Program. The Client acknowledges that, as with any business endeavor and investment, there is an inherent risk associated. As such, the Client agrees that there is no guarantee that the Client will attain his/her goals by simply completing the Boundaries Revolution Program.
6.4. Nevertheless, the Client acknowledges that he/she can optimize his/her potential results from the Boundaries Revolution Program by adhering to the following:
6.4.1. Completion of all the Program material, including assignments and worksheets if applicable;
6.4.2. Thoughtful and meaningful participation in all group coaching calls with Zaahida;
6.4.3. Utilization of the members only private Facebook Group;
6.4.4. Completion of all assigned work, material and research between each coaching call;
6.4.5. Committing to the Program;
6.4.6. Attending each coaching call at the scheduled date, on time;
6.4.7. Taking a 100% responsibility for the Client’s results, a 100% of the time.
- RESCHEDULING POLICY
7.1. A big component of success is discipline and commitment. In order to achieve optimal results under this Program, the Client should commit to the schedule as follows:
7.1.1. This is a nine week (9-week) Program, consisting of:
7.1.1.1. 9 video modules;
7.1.1.2. seven (7) ninety-minute (90-minute) group coaching calls; 7.1.1.3. An Optional 15 minute clarity session.
7.2. The dates of the group coaching sessions are subject to change according to Zaahida’s discretion. Zaahida understands that sometimes, “life happens”. However, Zaahida does not provide “make-up calls” to any Group Program that the Clients are absent for nor does Live Inspired provide any refunds or discounts for the Client’s failure to attend any call or complete any portion of the Program.
7.3. The 15 min clarity session must be booked and confirmed as set out below and as per the course platform . If missed for whatsoever reason, the Client’s time slot may be forfeited without another a further session allocated.
- CLARITY SESSIONS – COMMUNITY HOURS
8.1. Each client will have the opportunity to request a 15 min clarity session with Zaahida.
8.2. This session is subject to the following conditions:
8.2.1. The session must be booked specifically as set out in the course schedule; this schedule will be sent to all clients and may be updated or varied by Live Inspired at their sole and absolute discretion;
8.2.2. Bookings will be on a first come first serve basis and must be booked by sending an email to admin@liveinspired.co.za.
8.2.3. Once the session is confirmed, the time allocated will run for 15 minutes. Therefore if the client is late, their time will be accordingly reduced pro-rata and no additional time will be allocated.
8.3. These sessions are designed for the purpose of clarity and further direction in terms of the course material only. These sessions are not coaching sessions or substitution for a one on one session.
8.4. Due to the time restraints, the Client is encouraged to the keep their questions clear and concise so as to gain the maximum benefit from this session.
8.5.
9.
9.1.
Zaahida reserves the right to refuse to engage in any particular question if she is off the opinion that the concern/question raised does not fall under the ambit of the course or its aims.
LIFE TIME ACCESS
Full payment as set out above will allow the Client lifetime unlimited access to the entire course for as long as the course runs, which includes, but is not limited to:
9.1.1. Online course material;
9.1.2. Private Facebook support group; 9.1.3. Replay of Live call (calls);
9.1.4. Alignment portal tools;
9.1.5. Live group session of BR2.0;
9.1.6. An opportunity to apply for 15 min Clarity sessions during BR 2.0
9.2. Live inspired reserves the right to cease operating this online course at any time. In the unlikely event that the course stops running or ceases to operate, all lifetime access clients will be afforded the opportunity to download the course modules.
9.3. A set specific time will be allocated to life time access clients to utilize the download function before the course is removed from the Live Inpsired’s website completely.
- CYBER CRIMES ACT 19 of 2020 AND THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013
10.1.The above mentioned Act criminalises the disclosure of data messages which are harmful in any way. The Act also criminalises the abuse and misuse of personal information of another person or entity where there is reasonable suspicion that it was used or may be used to commit a cybercrime. Committing an offense under the Cybercrimes Act could carry a fine of up to R 10 million Rand and/or an imprisonment period of up to 25 years.
10.2. The Boundaries Revolution is an online course therefore the Client is required to conduct themselves in a responsible manner when dealing with other participants personal and private information.
10.3.All communication which is held in the Facebook group Sessions are therefore private in nature and the Client is instructed to treat this information with the utmost integrity and confidentiality.
10.4. Deliberate misuse of any private information of Live Inspired, Zaahida or any other participant may be seen as a violation of the Cyber Crimes Act as well
as the POPI Act and Live Inspired and/or the victim of such crime will have the right to proceed with criminal action and or litigation.
10.5. The client acknowledges that the collection of personal information is both necessary for the proper functioning of this course and, which falls within the scope of the execution and obligations of the Live Inspired Academy.
10.6.By accepting the terms and conditions of the agreement, the client consents to Liveinspired use of his/her private and personal information insofar as it is necessary to conduct and or operate the online course
- WHATSAPP SUPPORT GROUPS
11.1.Whilst Live Inspired does support the creation and development of WhatsApp support groups amongst the participants of the programme, Live Inspired is in no way a part of these groups and is completely indemnified from any activity, advise or concerns that may be discussed in these groups.
11.2. Client is encouraged to use these groups as a support tool and/or study tool for the duration of the course and to comply with all the provisions of privacy, confidentially and ethics as set out in this agreement. - REFUND POLICY
12.1. All sales are final for this course. Due to the inherent nature of educational programs and the electronic transmission of same, there are no refunds. - DEFAULT AND BREACH, CANCELLATION AND TERMINATION
13.1. Once payment is made no cancellation or refunds are applicable.
13.2.Live Inspired reserves the right to cancel any online course at any time without notice and at its sole discretion. Live Inspired may terminate any of the Client’s online usage of this course by written notice to the Client if they commit a material or persistent breach of this agreement and fail to remedy same with 10 working days.
13.3.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. - TERMINATION
14.1.Zaahida is committed to providing quality service to all Clients. However, from time to time, situations arise that require Zaahida to terminate the Agreement before the Term ends. As such, Zaahida reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes:
14.1.1. The Client fails to follow Program guidelines;
14.1.2. The Client is abusive or harasses Zaahida or other members of the Program;
14.1.3. The Client proves to be difficult to work with; or
14.1.4. for any other legitimate business purposes in the best interest of Zaahida.
14.2. If the agreement is terminated due to any of the above reasons, the Client is still liable to pay the entire cost of the course.
14.3.The Client dissatisfaction with Live Inspired and/or Zaahida’s subjective teaching style, independent judgment, methods or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to the Client.
- CONFIDENTIALITY, INTELLECTUAL PROPERTY, LIMITED LICENSE
15.1.Confidential Information – Live Inspired takes pride in its proprietary information included in each Program. As such, the Client agrees and acknowledges all Confidential Information shared through this Program and Zaahida is confidential, proprietary, and belongs exclusively to Live Inspired.
15.2. “Confidential Information” includes, but is not limited to:
15.2.1. Any systems, sequences, processes or steps shared with the Client;
15.2.2. Any information disclosed in association with this Agreement;
15.2.3. Any trade secrets in connection with the Program or Live Inspired business practices.
15.2.4. Any personal information about Zaahida or any Client or participant which is not in the public domain;
15.2.5. Any personal information about Zaahida’s or any Client or participants immediate family;
15.2.6. all Live Inspired’s social media content with regards to posts/postings, advertising, marketing, which may includes screenshots and screen recordings;
15.2.7. Live Inspired’s online course material including guides and/or manuals, passwords, design of website, assessment and
assignment models;
15.2.8. any data collected and used during the online course;
15.2.9. any reference and/or research models arising from the courses;
15.2.10. 15.2.11.
15.2.12.
any financial details including fees and/or charges and/or discounts;
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.
Any other affairs relating to Zaahida and/or Live Inspired and the services provided.
15.3.The Client and Live Inspired will use their best efforts and reasonable diligence to:
15.3.1. Use such confidential information solely for personal use;
15.3.2. Protect supplied confidential information in the same manner as they would protect their own confidential information;
15.3.3. To reasonably limit dissemination of such confidential information to persons of another company and/or organization.
15.4. Unless expressly set out in this agreement, the parties agree not to:
15.4.1. disclose and/or divulge, directly or indirectly, to any persons any confidential information without explicit or written consent from the
other party;
15.4.2. retain, make copies or reproduce any confidential information;
15.5.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. Both civil and criminal action will be taken against the Client.
15.6. 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.
15.7.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 the extent of the law and will be entitled to compensation from such financial benefit.
15.8.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, firms or organizations and will be held in the strictest confidence, unless expressly stated in this agreement.
15.9. Testimonials –
15.9.1. Notwithstanding any other clause in this agreement, Live Inspired may use general statements about the Client’s
success as social proof and part of its marketing strategy.
15.9.2. By clicking “Accept” on this Agreement, the Client consents to Live Inspired sharing the Client’s success stories as testimonials on Live Inspired’s website and/or social media.
15.10. Intellectual Property –
15.10.1. 15.10.2.
15.10.2.1. 15.10.2.2. 15.10.2.3.
This Program, content and products contain intellectual property owned by Live Inspired.
This Agreement is the intellectual property owned by Live Inspired. Other examples of intellectual property found on our website and within our products and services include, but are not limited to:
trademarks, service marks, layout, logos,
15.10.2.4. 15.10.2.5. 15.10.2.6. 15.10.2.7. 15.10.2.8. 15.10.2.9. 15.10.2.10. 15.10.2.11. 15.10.2.12.
business name, design,
text,
written copy, certain images, podcast recordings, videos,
audio files,
and all of our paid products (collectively referred to as “Intellectual Property”).
15.11. The Client shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by Live Inspired described within this Section in either whole or part without prior written consent.
15.12. Limited License –
15.12.1. Live Inspired grants only a limited, personal, non-exclusive and nontransferable license to the Client to use the Intellectual Property for your personal use. You acknowledge that any and all products or services that you download are for your own personal use.
15.12.2. The Client shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products
or parts of the Program without prior written consent or unless provided otherwise.
15.13. If the Client is also a business owner in a similar industry, the Client must not misappropriate any of Zaahida’s intellectual property and proprietary information in the following manner:
15.13.1.
15.13.2. 15.13.3.
Teaching the Client’s personal clients any of the information, methods, solutions, or formulae owned by Zaahida and passing it off as her own;
Copying any of Zaahida’s course material for the Client’s personal use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Zaahida in either whole or part without prior written consent.
15.14. 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. Live Inspired has the right to sue the Client for damages in respect of infringement of their intellectual property.
- INDEMNIFICATION / LIMITATION OF LIABILITY
16.1.The Client hereby acknowledges that neither Zaahida nor Live Inspired is liable for any injuries that may arise from the Client’s personal decisions based off of his/her participation in this Program, including but not limited to: a decision to leave a marriage or a job, a decision to take action in any relationship, or any of the Client’s decisions. The Client hereby agrees to indemnify and hold harmless both Zaahida and Live Inspired of any claims that may arise after participation in the Program.
16.2. Live Inspired online course is strictly an online course to equip the Client with skills to handle certain circumstances in relation to its content.
16.3. The online course (including the 15 minute one-on-one session) is in no way a substitute for Live Inspired’s exclusive one-on-one consultation with Zaahida or any other professional.
16.4.The Client is required to consult with a professional for medical or psychological advice.
16.5. 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.
16.6. The Client shall indemnify and hold Zaahida as well as Live Inspired harmless against any liability arising from the online course, which includes any third party claims.
16.7. 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.
16.8.The Client specifically indemnifies Zaahida and Live Inspired from the following:-
16.8.1. any claims arising from unsatisfactory results and/or outcomes of the online course;
16.8.2. any claims as a result of grossly negligent and/or intentional acts and/or failure to act;
16.8.3. any financial loss suffered by the Client and/or a third party as a result of the course;
16.8.4. any emotional, psychological, medical or mental complications and/or trauma that may arise from participation in the online course.
16.8.5. any medical or mental consequences which may result in the use and participation of the online course.
16.8.6. any breach of confidentiality or breach of any other law or legislation by any other participant in the programme.
16.9. The online course must be used as a 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.
16.10. 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.
16.11. A professional must be consulted for diagnosis and treatment of any psychological, medical or mental health conditions.
16.12. 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.
16.13. Neither Live Inspired nor Zaahida can guarantee what the outcome of the online course will be. Any comments about outcomes are expressions of Zaahida’s opinion only.
16.14. 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 in response to the online course.
- NONTRANSFERRABLE
17.1.This agreement is binding on the Client and Live Inspired and on both the respective successors.
17.2.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.
17.3.Live Inspired may transfer, assign, change or otherwise dispose of this online course or any of its rights under this agreement.
- WAIVER
18.1. 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.
18.2. A waiver by Live Inspired of any default shall not constitute a waiver of any subsequent default.
18.3.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 and will be considered an offense under the Act. - ENTIRE AGREEMENT
19.1. These terms and any document expressly referred to in them represent the entire agreement between the parties in relation to the purchase of the online course and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
19.2. 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.
19.3.Neither 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. - GENERAL
20.1.Any notice required or permitted to be given by either party to the other under these terms shall be in writing.
20.2.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.
20.3. Any dispute or claim arising out of or in connection with this website and or online course and/or course material as the case may be shall be governed by the Laws of the Republic of South Africa.
20.4. Live Inspired chosen domicilium is the Republic of South Africa.
20.5.Sharing the Client’s login details with anyone other than the registered Client is prohibited and will be considered an offense under the Act.
- MISCELLANEOUS
A. Amendments – We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
B. Headings & Severability – Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the
original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. Entire Agreement – This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic and is the full extent of the Agreement between the parties.
D. All Rights Reserved – All rights not expressly granted in this Agreement are reserved by us.