TERMS AND CONDITIONS
By using this Website, you consent to our terms and conditions set out below. These Website Terms and Conditions relate to the use of the BetYaLife.co.za website and any other services accessible via a sub domain on www.betyalife.co.za. These Terms and Conditions (“the Terms and Conditions”) govern your use of the BetYaLife (“the Provider”) websites located at the domain betyalife.co.za (the “Website”). This includes any related websites accessible via a sub domain on the Website, such as the online learning system. By accessing and using this Website, you, the User, agrees to be bound by the Terms and Conditions set out in this legal notice.
You may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the Website for marketing and other purposes without the consent of the Provider.
- ECT ACT and Disclosure of Information: Provider’s Information
The following are the details of the Provider.
Full name and legal status:
Dr Grant Fourie, a sole proprietor established under the laws of the Republic of South Africa.
50 John X Merriman St, Oakdale, Bellville, 7535, South Africa
434 025 0762
+27 (021) 919-3666
Physical Address for receipt of legal service:
50 John X Merriman St, Oakdale, Bellville, 7535, South Africa
50 John X Merriman St, Oakdale, Bellville, 7535, South Africa
Names of Office Bearers:
– Dr Grant Fourie
This website will introduce you to the BetYaLife weight loss and lifestyle management program of BetYaLife , and guide you through every facet of this life-changing health movement.
Records of Transactions:
Records of transactions may be obtained from us on request.
- Electronic Communications
By using this Website or communicating with BetYaLife by electronic means, you consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
- Website Disclaimer
Your use of and reliance on the information on this Website and the online services is entirely at your own risk.
BetYaLife does not make any warranties in respect of such advice, product, services or information. You indemnify and hold BetYaLife harmless against any loss, injury or damages which may be sustained as a result of using the products, services or content sold or accessed via the Website and you acknowledge that any reliance upon such information shall be at your sole risk to the fullest extent permissible by law, BetYaLife expressly disclaims all (express and implied) warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security in respect of this Website and the services accessible on this Website.
While BetYaLife has taken all reasonable precautions to prevent this, BetYaLife does not warrant that the Website or any software available for download via the Website is free of viruses or destructive code.
BetYaLife makes no warranty or representation as to the availability, accuracy or completeness of the Content, software, tools or online services, or any third-party content accessible via an internet link. You acknowledge that any reliance upon any such tools, software or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Website.
Without derogating from the generality of the above, BetYaLife shall not be liable for: any interruption, malfunction, downtime or other failure of the Website or online services, our system, databases or any of its components, for reasons beyond our control; any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects; any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities; any event over which we have no direct control.
- Limitation of liability
The Website and all Content on the Website, as well as all content delivered to Users through the online course system and including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. BetYaLife makes no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Dr Grant Fourie nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
- Medical Advice & General Disclaimer
The Website provides an array of health related advice. The use of any product, service or content bought or accessed from this Website is at your own risk. It is reiterated that BetYaLife does not make any warranties in respect of such advice, product, services or information. You indemnify and hold BetYaLife harmless against any loss, injury or damages which may be sustained as a result of using the products, services or content sold or accessed via the Website and you acknowledge that any reliance upon such information shall be at your sole risk BetYaLife is in no way providing instruction, prescription or professional medical advice and cannot be responsible or liable for the decisions and actions which may be undertaken as a result of reading or viewing the content or advice provided. Accordingly you agree that BetYaLife shall not be liable in any manner for any damage, loss or liability that results from your use of the content on the Website or by any third party who obtains the content. Further, anyone who consumes this content agrees to indemnify and hold the Provider harmless from and against any and all claims, losses, liabilities and damages that may arise out of his or her use of the content. Should you need professional assistance, a qualified physician or licensed health care practitioner should be consulted. Our Website, private instructor consultations and online forums are for educational and informational purposes only, and are provided to help you understand the BetYaLife approach to weight loss and lifestyle management. BetYaLife Instructors do not dispense medical advice, make diagnoses or treat medical conditions. Users are to use the information provided by BetYaLife at their own discretion. Neither the instructor nor BetYaLife can be held liable for any outcome resulting directly or indirectly from the website or online course. If you suffer from any medical condition, it is suggested that you speak to your physician or health care provider before starting our online course/s.
You agree to indemnify BetYaLife, our employees, officers, agents, subcontractors, subsidiaries and affiliates against any damages or injury incurred by you.
You agree that you will be liable for the costs of any demand, action, application or any other proceedings, including fees on an attorney own-client basis and related costs such as tracing fees, made by you or any third party and arising out of or in connection with your use of or access to this Website and its Content.
- E-Commerce & Privacy
The private information required for executing the orders placed through the e-commerce facility, namely your personal information and contact details will be kept in the strictest confidence by BetYaLife and not sold or made known to third parties. Credit card details are not kept by BetYaLife under any circumstances. BetYaLife cannot be held responsible for security breaches occurring on your electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that you may inadvertently have installed on his/her device.
- Payments: Credit Card Acquiring – Payment Gateway
Credit card transactions for South African Users are acquired by PayFast, a registered systems operator and payment gateway in South Africa. Transactions for international Users are acquired via PayPal.
- Refund and Return Policy
The provision of products and services is subject to availability. In cases of unavailability, the Provider will refund you in full within 30 days. Products may be returned by you within 7 (seven) days of delivery of the order for any reason without penalty. In the event that You wish to return the product/s ordered from us after the 7 (seven) day period as per the above, subject to the provisions of the Consumer Protection Act, No. 68 of 2008 (“the CPA”) and specifically Section 56 (read with Section 55) thereof, you may request to return the product to us and at our sole discretion we will either accept or not the return and if so we may charge a Return Fee, which is a fee of 10% (ten percent) of the total amount of the cancelled order for administration costs. BetYaLife reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet BetYaLife standards. Should BetYaLife exercise this right, you will receive a full refund with no deductions.
- Updating / Changes and amendments of these Terms and Conditions
BetYaLife expressly reserves the right, in its sole and absolute discretion, to change, modify, add and/or remove from portions or the whole of these Terms and Conditions from time to time without prior notice. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is your obligation to periodically check these Terms and Conditions at the Website for changes or updates. Your continued use of this Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
- Copyright and Intellectual Property Rights
BetYaLife provides certain information on the Website. Content currently or anticipated to be displayed on this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Articles, FAQ, Advice, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. BetYaLife reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, you are not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content. As used here “intellectual property rights” means, with respect to any technology, content, data, hyperlinks, graphic and icons on this Website, all related patent rights, copyrights, inventions, designs, including software and hardware, layouts, trade mark rights and other intellectual property rights therein and thereto. In particular the Provider does not dispose of the ownership of or its rights under license to use any intellectual property on this Website.
- Governing Law
This Website is controlled, operated and administered by the Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. You may not use this Website in violation of South African export laws and regulations. If you access this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between BetYaLife and you with regard to the use of the Content and this Website.
- Use of Website
You may not use this Website to obtain or distribute:
Copyrighted material or material protected by laws relating to intellectual property rights without the permission of the Provider; Material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software; Material which is defamatory, unlawful or contains hate speech; or Bulk e-mail, whether solicited or unsolicited. You must not interfere with or jeopardise the functionality or the operation of any part of this Website or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Website. You are strictly prohibited from using this Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
Any information accessed from this Website must be used subject to recognition or acknowledgment of BetYaLife as the source of the information. Information supplied by us or accessed on the Website, in any format, through any media, may not be sold in whole or in part. The information may be used for purposes such as to inform an opinion, recommendation, interpretation, conclusion or policy as a derivate product and/or service. We will not be held liable for the use of the information in any process, product or service. You may not intercept any information transmitted to or from the Provider or this Website which is not intended by the Provider to be received by you. You must respect other users of this Website at all times.
You agree that you must not: Post, transmit or otherwise make available, through or in connection with the Website anything that is or may be threatening, harassing, degrading, fraudulent, wrongful, obscene, indecent or otherwise objectionable; Harvest or collect personally identifiable information about other users of the Website;
Restrict or inhibit any other person from using the Website (including hacking or defacing any portion of the Website);
Use the Website to advertise or offer to sell or buy any goods or services without the Provider’s express written consent;
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, or access to the Website.
BetYaLife reserves the right to institute any legal action against any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorized access to any page on this Website.
- Links and Framing
Links provided on this Website to non-Provider websites are provided as is and BetYaLife does not expressly or by implication agree with or have any control over the content on such websites. If you follow any of these links you do so at its own risk and BetYaLife cannot accept any responsibility for any loss or damage that you may incur as a result. You may not use the Website for any unlawful purpose. You may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the content on the Website. Without limitation, you may not do any of the following without prior written permission from us (and neither may You allow a third party to do any of the same): redistribute any of the content; or create a database in electronic or structured manual form by systematically downloading and storing all or any of the content; or deep link to, frame, spider, harvest or scrape the content or otherwise access the content for similar purposes.