Terms & Conditions

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.

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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.

1. 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.

2. Payment

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.

3. 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.

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. Indemnity

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
course;
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. Waiver

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
subsequent default.
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. General

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.

By purchasing this online course, you are agreeing to these terms and conditions regarding the Toxicity Tune Out masterclass
Definitions and Interpretations
Unless inconsistent with the context, the expressions set forth below shall bear
the following meanings:
1.1 “Zaahida”: Zaahida Mahomedy
1.2 “participant”: yourself
1.3 “Workshop”: Toxicity Tune Out Masterclass
1.4 Live Inspired: Live Inspired Pty Ltd
1.5 Agreement: This Service Agreement

2. Preamble
2.1 This Agreement is entered into by the participant and Live Inspired, and is binding, between the parties for services, specifically, a group workshop, offered by Live Inspired to the participant, subject to the terms and conditions of this Agreement.
2.2 The workshop is hosted by Zaahida, a Life Coach with a number of years experience as an emotional wellness coach, body talk practitioner, motivational speaker and certified NLP practitioner.

Product Details
The product is described as a group workshop consisting of between 5-20 participants. All products available from Live Inspired are professionally edited, created, designed and documented Zaahida.

The group component of the Live workshops will be conducted completely online on specified dates over a 12 week period commencing from 5 December 2019.

Payment
Payment is as advertised and set out on the Live Inspired official website per the participant’s selection.
Payment is inclusive of the granting off exclusive, non transferable rights of attendance to the workshop.
Payment is accepted online using one of the following: Visa, Mastercard or credit, and/or debit cards or via PayFast.
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.

Groups Rules
Confidentiality in a group setting is a shared responsibility of all participants; therefore participants agree to handle all information received in a responsible and mature manner.
Confidentiality is based on mutual respect and trust. Participants are asked to respect fellow participants, do not talk over each other, do not interrupt each other and to be aware of time restraints.
Participants are not obliged to talk or contribute to the workshop in any way, however, should you wish to ask a question or contribute you are to direct these contributions through Zaahida and not directly to each other.
No participant is to be humiliated or judged in any way.
Participants will not be critical of each other and will allow Zaahida to facilitate any group discussions

Outcomes & Objectives
Anticipation in this workshop can result in numerous benefits, including interpersonal relationships and resolving internal conflict and concerns.
Some of the objectives of this workshop are as follows:
Handle conflict within your marriage confidentially;
Help you and your spouse grow together as a unit;
Over coming dynamics of power struggles;
Equip you with tools to better support your spouse and allow your spouse the space and opportunity to support you;
Encourage you to build healthy foundations and set boundaries before deciding to have children;
Understanding your partners love language;
Helping you be open to a deeper and more intimate connection with your spouse.
Whilst this workshop is designed to be beneficial there are a number of risks involved, some points to keep in mind:
Some participants many experience discomfort during or after the workshop as they begin to look at areas off their life that aren’t working.
Sometimes undesirable feelings might emerge as the workshop is aimed to explore, difficult, intimate areas of life.
Change can happen very rapidly or slowly over time, participants are encouraged to keep this in mind as unresolved emotional issues may arise during or even after workshop. This can lead to frustration, anxiety or even a sense of hopelessness.

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;
The material provided to participants including guides and/or manuals, design of website, assessment and assignment models;
any data collected and used during the workshop;
any reference and/or research models arising from the workshop;
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.
The identity of any other participant attending the workshop;
Any information relating directly or indirectly to the other participants who are attending the workshop;
The participant will use best efforts and reasonable diligence to:
Use such confidential information solely for personal use;
Protect supplied confidential information relating to Live Inspired, Zaahida and other participants in the same manner as the participant protects its own cconfidential Information;
Unless expressly set out in this agreement, the participant agrees not to:
disclose and/or divulge, directly or indirectly, to any persons any confidential information;
retain, make copies or reproduce any confidential information;
Discuss any confidential information of another participant, at any time during or after the workshop.
Should the participant disclose and/or divulge such confidential information to any such persons, it shall constitute a breach of such confidentiality and the participant can and will be liable for damages to the full extent of the law.
The participant 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 remediess available to them in law.
Should the participant 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 participant agrees that any information and content material received under this agreement will be treated by the participant 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 workshop material supplied and engaged is the material of Live Inspired, based on personal and professional knowledge, experience and degrees and/or certificates received from reputable institutions by Zaahida. It was born and created for the purpose of motivating, inspiring and/or guiding Live Inspired participants.
Ownership of any material, both physical and intellectual, that the participant acquires under this contract of service shall remain the property of Live Inspired.
The participant undertakes to respect Live Inspireds’ intellectual copyrights.
All written material supplied to participant at the workshop are the exclusive intellectual property of Live Inspired. Such content can not be replicated and/or distributed by the participant for any reason whatsoever.

Indemnity
This workshop is designed to equip the participant with knowledge, skills and awareness regarding certain circumstances in relation to its content.

The workshop is in no way a substitute for a one on one consultation with the Zaahida or any other professional.

The participant is required to consult with a professional for medical or psychological advice.

If the participant is currently under any medication or is experiencing any mental health problems, the participant is to immediately notify Zaahida of such problems.

The workshop is undertaken voluntarily by the participant and does not hold Zaahida or Live Inspired liable should the participant be unsatisfied with its content and/or outcomes.

The participant shall indemnify and hold the Zaahida as well as Live Inspired harmless against any liability arising from the workshop, which includes any third party claims.

Zaahida as well as Live Inspired shall not be held liable by the participant for any claims made and/or arising out of, or resulting from the engagement of the workshop.

The participant specifically indemnifies Zaahida and Live Inspired from the following:-

any claims arising from unsatisfactory results and/or outcomes of the workshop;
any claims as result of grossly negligent and/or intentional acts and/or failure to act;
Any financial loss suffered by the participant and/or a third party as a result of the workshop;
Any emotional, psychological, medical or mental complications and or trauma that may arise from participation in the workshop;
Any medical or mental consequences which may result in use and participation of the workshop;
Any breach of confidentiality of this agreement by other participants in the workshop;
The workshop must be used as a tool to inspire and motivate the participant 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 workshop 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 workshop 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 workshop will be. The objective and outcomes set out in this agreement should be used as guide only.
Each participant may experience different outcomes and results from attending the workshop. Live Inspired and Zaahida will not be held liable whatsoever for any action taken or perceived to have been taken by any participant or any third party is response to the workshop.

Cancellation & Refunds
Once payment is made no cancellation by the participant or refunds to the participant are applicable.
Live Inspired reserves the right to cancel the workshop at any time without notice and at its sole discretion.
Upon cancellation for any reason all rights granted to the participant under this agreement shall cease.

Breach
Should the participant breach any term or condition of this agreement, then Live Inspired shall be obliged to give the defaulting party notice in writing, calling the defaulting party to remedy the breach within 7 days of the date of written notice.
If the participant remains in default after the time period referred to in paragraph 11.1 above, then Live Inspired in addition to any other relief available in law, be entitled to sue for damaged and compensation for loss suffered.

Intellectual Property Rights
The participant hereby acknowledges that all intellectual property rights in the workshop which can be used anywhere in the world, belong solely to Live Inspired and that the participant has no rights in or to the material supplied at the workshop other than the right to use them for their personal growth and personal knowledge only.
Live inspired has the right to sue the participant for damages in respect of infringement of their intellectual property.

Social Media Posting & Electronic Capturing of the Workshop
The participant 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 participant is hereby given consent to create social media posts relating to the workshop 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 participant;
The applicable Instagram, Facebook, and/or Twitter accounts of Live Inspired must be tagged in all posts relating directly, or indirectly to the workshop.
If the post is a video or audio recording of the workshop, it must not be longer than 60 seconds.
The post must not contain any negative or defaming words, phasing or connotations relating to Live Inspired, Zaahida or the workshop.
Live inspired and Zaahida are held harmless against any liability that may arise from the participants posts in relation to the workshop.
Participants may audio or video record the workshop for personal use and personal reference only, and, while recording, the identities of the other participants much be kept confidential.
The recording referred to in paragraph 13.4 must not be used by the participant for professional or financial gain.

Non transferable
This agreement is binding on the participant and Live Inspired and on both the respective successors.
The participant may not transfer or assign any of its rights to usage arising under this agreement or in relation to the workshop.
Live Inspired may transfer, assign, change or otherwise dispose of this workshop or any of its rights under this agreement .

Waiver
If Live Inspired fails, at any time during the term of this workshop, to insist upon strict performance of any of the participants 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 participant 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 participant 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 the Live Inspired website and or workshop 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.

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 workshop, 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