1.1 “User” means any person who accesses or uses the website of VitaSoul.
1.2 “vitasoul.co.za” means the website displaying the official content as authorised by VitaSoul.
1.3 “Website” and “Website Content” refers to all the text, images or auditory content that is experienced as part of the User experience on the following domain: vitasoul.co.za
2. Permitted Use and License
2.1 By accessing VitaSoul, the User agrees to the terms and conditions listed herein and all applicable laws that are governed by the laws of South Africa.
2.2 The website content may not be used for any commercial or non-private use without the prior written consent of VitaSoul.
2.3 Users may only access and use the website for lawful purposes.
2.4 VitaSoulpermits the User to view and print the content of the website, provided that such content is only used for educational, personal or non-commercial purposes.
2.6 Users are not allowed to reproduce, adapt, post, upload, copy, reuse, publish, retransmit, modify, frame, broadcast or distribute any of the website content in any way without the prior written consent of VitaSoul.
3. Intellectual Property, Domain and Website Content
3.1 All Website content remains the sole property of the relevant content owner and is protected under all relevant copyright, patent, trademark and other applicable laws.
3.2 All intellectual property on the website, including but not limited to domain names, trademarks, text, patents, software, graphics, design elements, icons and hyperlinks are the property of VitaSoul and are protected from infringement by domestic and international legislation.
3.3 Nothing on the website should be construed as granting any licence or right to distribute content without the express written consent of VitaSoul
4.1 While VitaSoulwill make reasonable endeavours to ensure that the content on the website is correct and reliable, inaccuracies might occur.
The User should therefore be aware of and acknowledge that:
4.1.1 use of the website is at the User’s own risk;
4.1.2 the website is provided to the User “voetstoots” or “as is”.
4.1.3. the User is also prohibited from accessing any unauthorized pages on the website, modifying or uploading any unauthorized content, creating additional hyperlinks, defacing, deleting, altering or amending content on VitaSoul
5. Severability of Terms and Conditions
Should a section of these Terms and Conditions be determined by any court or other competent authority to be unlawful or unenforceable, the other sections of these Terms and Conditions will continue in effect. If any unlawful or unenforceable section would be lawful or enforceable if a part of it was deleted, then that part will be deleted, and the rest of the section will continue in effect, in line with the permissible laws of South Africa.
6. Website Hyperlinks
6.1 The Website might provide hyperlinks to other websites from time to time that is not controlled by VitaSoul. Any such links do not imply the endorsement, agreement or support of the content of such other sites by VitaSoul.
6.2 Downloading material from these sites might risk infringing intellectual property.
6.3 It is the responsibility of the User to ensure the authenticity of any website which might be hyperlinked to VitaSoul prior to making use of such hyperlinks.
6.4 VitaSoul is not responsible for ensuring that hyperlinks are in working order.
7. Website Security
7.1 Although VitaSoulacknowledges that a 100% secure online environment is unattainable, VitaSoul is committed to taking reasonable security measures to safeguard the content of its website.
7.2 The User’s privacy is very important to VitaSoul. Any information provided to VitaSoul is therefore stored in a secure location.
7.3 VitaSoul can disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
7.4 VitaSoul does not sell or rent personal information about individuals such as names, addresses, email addresses, telephone numbers or fax numbers to any third parties.
7.5 VitaSoul will collate the information which Users give to VitaSoul to provide the Users with his services.
8. Disclaimer and Limitation of Liability
8.1 The information contained on VitaSoul’s Website is for information purposes only and is not intended as professional advice due to the fact that circumstances will vary from person to person.
8.2 VitaSoul is not liable for the actions of Users of VitaSoul’s Website.
8.3 VitaSoul is not liable to Users for any information posted on Paul Sinclair’s Website.
8.4 By using Paul Sinclair’s Website, a User defends, indemnifies and holds harmless its lawful employees, agents and representatives from all damages, losses and expenses, including legal expenses arising from the following any claims for the infringement of intellectual property rights, defamation to any material the User may send to VitaSoul’s Website; any claims, cost, loss, damage or expense, whether directly or indirectly, whether monetary or otherwise, which any person might suffer as a result of or in consequence of the use of or reliance of any information or material provided for on VitaSoul’s Website; the User’s breach of any provisions of these terms and conditions of VitaSoul’s Website; VitaSoul, its agents, employees and representatives are further indemnified in respect of any costs, losses, damages or expenses which any person might suffer as a result of entering into any transaction with any third party, including VitaSoul, its lawful agents, employees and representatives as a result of or in consequence of the reliance on any information contained on VitaSoul’s Website or any related site.
In no event shall VitaSoul and its lawful agents and representatives referred to in this website be liable for any damages of whatsoever nature, whether for bodily, moral or material injury, including, without limiting, indirect, punitive, incidental and consequential damages, costs, loss of profits, expenses, damage resulting from lost data or business interruption resulting from the use or inability to use VitaSoul’s Website and the material contained herein, whether based on warranty, contractual or extra-contractual liability, any other legal matters, and whether or not VitaSoul, its lawful agents, employees and representatives are advised of the possibility of such damages.
9. Deletion or Correction of Content
Website Users should report any inaccurate, illegal or harmful content appearing on VitaSoul’s Website, in which case VitaSoul will undertake to correct or remove any such content as soon as VitaSoul becomes aware of it.
10. Whole Agreement
10.1. The Terms and Conditions set out herein constitute the whole agreement between the User and VitaSoul and shall take precedence over any disclaimer or legal notices attached to any communications received by VitaSoul from the User.
10.2. Any failure by VitaSoul to exercise or enforce any rights or provisions shall not constitute a waiver of such rights or provisions.
10.3. To the extent permissible by the law of South Africa, VitaSoul shall not be bound by any express or implied representation, term, warranty, promise or the likes not recorded herein.
10.4 No amendment of these Terms and Conditions or any provision or term hereof or of any other conditions contained on this website will be binding unless made by and recorded in writing by VitaSoul.
11. Applicable Law
VitaSoul’s Website is hosted, controlled and operated from within the Republic of South Africa and is thus governed by South African law.
12. Legal Jurisdiction
The High Court of South Africa will have full jurisdiction with regard to any legal proceedings arising in terms of this Agreement.
13. Legal Costs
VitaSoul will not be liable for any legal costs and expenses incurred by the User to obtain professional advice relating to these Terms and Conditions.
Should the User breach any Terms and Conditions of this website, VitaSoul will be entitled to its rights in the Terms and Conditions or in law to claim damages from the User or to commence with criminal proceedings.