LIFE AND LIMN
STANDARD LEGAL TERMS AND CONDITIONS
Last Updated: 1 September 2022
Introduction
In order to receive Services or Products from Life and Limn, you are required to agree these standard legal terms and conditions. These terms and conditions may be supplemented by additional commercial terms and conditions that relate to specific products or services offered by Life and Limn, including pricing terms for our various different service offerings.
In these terms and conditions, “Services” include any and all coaching, training, facilitation, consulting and support services provided by Life and Limn and “Products” includes any goods, products, courses and printed publications that may be sold to you and any intellectual property or other materials that may be licensed to you by Life and Limn. The sale or licensing of any Products to you shall not constitute a sale of any intellectual property, including but not limited to any copyright in relation to those Products, and all rights of Life and Limn and that of its licensors are strictly reserved.
By signing up to receive Products or Services from Life and Limn you, or the organisation that you represent, agree that the following standard terms and conditions shall govern your relationship with Life and Limn and your receipt of those Products or Services.
These terms and conditions may be updated from time to time. Any updates shall take effect on the date of publication of the updated terms on the Life and Limn website and shall apply to your further receipt of any Life and Limn Services or Products from that date onwards.
Registration and Personal Information
You represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Life and Limn website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, it is your responsibility to update your information as soon as possible.
You agree that you shall not register with Life and Limn more than once, under more than one name or using more than one email address. Where you register on behalf of any other person, such as your employer, or interact with the Life and Limn website on another person’s behalf, you warrant that you have that person’s full written permission and consent to do so.
We agree not to disclose your personal information to any other person without your express consent. We also agree to institute appropriate technological and other safeguards to prevent the unauthorised disclosure of your personal information.
Intellectual Property Rights
Life and Limn retains ownership of all intellectual property in any materials supplied to you during the course of the Services. This includes, but is not necessarily limited to, the curriculum, design and content of any courses and course materials made available to you by Life and Limn. You acknowledge and agree that Life and Limn may include references to third party materials and websites in other materials that it makes available to you during the course of the Services or in the provision of any Products. You undertake and agree not to infringe on the intellectual property rights of any such third parties.
You warrant to Life and Limn that any form of intellectual property that you share, submit or otherwise deliver to Life and Limn, is your intellectual property and that you have the legal right and all necessary consents and permissions to enable you to do so.
You furthermore agree to indemnify and hold Life and Limn harmless against any claim made against it by any third party, arising from your breach of any of your undertakings and warranties given in this section.
Responsible Use of the Services
You acknowledge and agree that Life and Limn is a coaching practice and not a registered psychology practice. Should you be experiencing any symptoms indicative of a physical or mental health problem, you are urged to consult with a registered health practitioner.
Limitation of Liability, Warrantees and Indemnities
Life and Limn Services shall be provided in a professional and responsible manner using appropriate experienced and skilled personnel. However, all Life and Limn Services and Products are provided “as is” and without any warranty of fitness for purpose or freedom from defect and your use of Life and Limn Products and Services shall be at your sole and exclusive risk.
You indemnify and hold Life and Limn harmless against any and all damages, liabilities, fines and other losses that it may suffer as a result of breach of any warranty or representation made by you or as a result of your negligent or intentional actions and omissions including any transgression of these terms and conditions.
Life and Limn shall not be liable to you for any damages, losses or liabilities of any kind whatsoever arising from the use of, or inability to make use of, any Life and Limn products or services. Furthermore, Life and Limn makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from its website shall be free from errors or omissions or that its website will be 100% uninterrupted and error free.
To the fullest extent permitted by law, Life and Limn disclaims all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the Life and Limn Services and Products.
You indemnify and hold Life and Limn harmless against all damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by you that constitutes a breach or contravention of any legislation, regulation, code of conduct or contract.
You further indemnify and hold Life and Limn harmless against any claims, actions or damages that you may suffer as a result of the fraudulent or unauthorised use of your Life and Limn website username and password or the loss thereof.
Life and Limn shall not be liable to you in any circumstances for any indirect, contingent or consequential loss (including, but without being limited to, loss of revenue, loss of business or loss of profits) sustained or incurred by you, howsoever arising.
The provisions of this section specify the entire liability of Life and Limn whether arising in contract, delict or otherwise and shall survive termination of this agreement for any reason.
Notices
You agree that any notice or communication that Life and Limn may be required to give to you may be given by means of electronic mail sent to the address that you supply at the time of your registration with Life and Limn.
Governing Law and Interpretation
These terms and conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Each provision of these terms and conditions shall be severable and separately enforceable from the others. Any dispute arising between you and Life and Limn arising out of or in respect of these terms and conditions shall be determined in the Cape Town Magistrates’ Court. The provisions of this paragraph shall not operate to deprive either party of its right to institute proceedings for urgent injunctive relief in a court of competent jurisdiction in the Republic of South Africa.
Disclosures
Life and Limn is a sole proprietorship owned and operated by Belinda te Riele.
General Terms
Save where expressly indicated to the contrary, all content, trademarks and data on the Life and Limn website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are either the property of or licensed to Life and Limn and are protected from infringement by domestic and international legislation and treaties. Subject to the rights expressly conferred herein, all other rights to all intellectual property on this site are expressly reserved.
Where you choose to communicate with Life and Limn by means of any communication channel accessible via the Life and Limn website, including voice over Internet protocol, instant messaging and electronic mail, you agree, subject to the provisions of the any applicable law, to Life and Limn’s right to intercept, block, filter, read, store and delete all such communications.
No variation of these terms and conditions shall be of any force or effect unless reduced to writing and signed by both Life and Limn and yourself. To the extent of any conflict between the provisions of these terms and conditions and any Product or Service specific terms and conditions, the Product or Service specific terms and conditions shall prevail to the limited extent of such conflict.
1. Coaching Appointments
1.1 Coachees are required to contact and schedule times with Life and Limn
1.2 A notice period of 24 hours (one full working day) is required in the event of coachees having to reschedule
1.3 Should the above condition not be met or the coachee misses a planned session,
Life and Limn reserves the right to charge 100% of the session fee, at the coach’s discretion
1.4 In the event that the coach is unable to meet at the scheduled time, the coach will notify the coachee within 24 hours and make plans to reschedule at a time convenient to the coachee
2. Payment
2.1 All rates are in ZAR (South African Rand)
2.2 Payment is due on receipt of invoice
2.3 In the event of payment arrears, Life and Limn reserves the right to postpone coaching until the account is settled
2.4 Any remaining sessions not scheduled within the contracted period must be utilised within two months of termination of the coaching programme, otherwise they will be forfeited. 2.5 The online coaching programme, Take the Lead is non- transferrable and may only be accessed per registered and paid user