These Terms and Conditions of Use (“Terms”) were last updated on 2 April 2022.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
The term ‘Claire Louise‘ refers to the owner of the website whose registered office is Chelsea Drive, Durban North, KwaZulu-Natal.
The term ‘you’ refers to the user or viewer of her website: www.clairelouise.co.za
Claire Louise’s mission is to improve lives through personal life coaching. She needs rules to keep her platform and services safe for you, her and others in the coaching community. These Terms apply to all your activities on the www.clairelouise.co.za website, mobile applications, her APIs and other related services (“Services”).
She also provides details regarding her processing of personal data of her learners and instructors in her Privacy & Cookie Policy.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- This website contains material which is owned by or licensed to Claire Louise. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Claire Louise endorses the website(s). She has no responsibility for the content of the linked website(s).
Payments and Refunds will be subject to intellectual property rights and copyright laws as defined in the Privacy & Cookie Policy.
Pricing
You agree to pay the fees for courses or other items that you purchase, and you authorize PayPal to charge your debit or credit card or process other means of payment for those fees. Claire Louise works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out her Privacy & Cookie Policy for more details.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay PayPal the corresponding fees within thirty (30) days of notification from Claire Louise. She reserves the right to disable access to any course for which she has not received adequate payments.
If you make purchases, Claire Louise collects certain data about your purchase (such as your name and zip code) as necessary to process your order. You must provide certain payment and billing data directly to her payment processing partners, including your name, credit card information, billing address and zip code. For security, Claire Louise does not collect or store sensitive cardholder data, such as full credit card numbers or card authentication data.
Refunds
If the course you purchased is not what you were expecting, you can request, within 14 days of your purchase of the course, that Claire Louise refunds your account. She reserves the right to apply a refund, at her discretion. No refund is due to you if you have started downloading or streaming any part of the course. No refund is due to you if you request it after the 14-day guarantee time limit has passed.
To request a refund, contact clairelouise@clairelouise.co.za.
At her discretion, if she believes you are behaving in an abusive manner, she reserves the right to ban your account and to restrict all future use of the Services. If she bans your account or disables your access to a course due to your violation of these Terms, you will not be eligible to receive any refund.
Content and Behaviour Rulesd other content you upload in line with the law, and respect Claire Louise’s intellect
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on this site must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If you are a learner, the Services enable you to ask questions for courses you are enrolled in, and to post comments or expertise on course content.
You are solely responsible for any content and actions you post or take via the site and Services and their consequences.
Claire Louise has discretion in enforcing these Terms. She may terminate or suspend your permission to use her Services or ban your account at any time, with or without notice, for any violation of these Terms, or if you fail to pay any fees when due, or upon the request of law enforcement or government agencies, or for unexpected technical issues or problems, or if she suspects that you engage in fraudulent or illegal activities. Upon any such termination she may delete your account and content, and she may prevent you from further access to the use of her Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that she will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to her Services.
Claire Louise’s Rights
Claire Louise owns the Services, including the website, future apps and services, and things like our logos, API, code, and content. You can’t tamper with those or use them without authorization.
All right, title and interest in and to the Services, including Claire Louise’s website, her future applications, her APIs, databases, and the content her partners submit or provide through her Services (but excluding content provided by learners) are and will remain the exclusive property of Claire Louise. Her Services are protected by copyright and other laws of both the United States and foreign countries. Nothing gives you a right to use the Claire Louise name or any of Claire Louise’s logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and she will be free to use such feedback, comments, or suggestions as she sees fit and without any obligation to you.
You may not do any of the following while accessing or using the Services:
- access, tamper with, or use non-public areas of the website or the technical delivery systems of Claire Louise’s service providers.
- disable, interfere with, or try to circumvent any of the features of the website related to security or probe, scan, or test the vulnerability of any of the systems.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on Claire Louise’s website or Services.
- access or search or attempt to access or search the website by any means (automated or otherwise) other than through the currently available search functionalities that are provided via the website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
- in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Claire Louise); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
Miscellaneous Legal Terms between you and Claire Louise.
Binding Agreement
You agree that by registering, accessing or using the Services, you are agreeing to enter into a legally binding contract with Claire Louise. If you do not agree to these Terms, do not register, access, or otherwise use any of her Services.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and Claire Louise.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if Claire Louise is delayed in exercising her rights or fails to exercise a right in one case, it doesn’t mean she waives her rights under these Terms, and she may decide to enforce them in the future. If she decides to waive any of her rights in a particular instance, it doesn’t mean she waives her rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Course Enrolment and Access, Claire Louise’s Rights to Content You Post, Using www.clairelouise.co.za at Your Own Risk, Claire Louise’s Rights, Miscellaneous Legal Terms, and Governing Law and Jurisdiction.
Disclaimers
It may happen that the website is down, either for planned maintenance or because something goes down with the site. It may also happen that Claire Louise encounters security issues. These are just examples. You accept that you will not have any recourse against her in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. Claire Louise (and her affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Claire Louise (and her affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Claire Louise may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Claire Louise or her affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
Claire Louise is not responsible for delay or failure of her performance of any of the Services caused by events beyond her reasonable control, like an act of war, hostility, or sabotage, natural disaster, electrical, internet, or telecommunication outage, or government restrictions.
Limitation of Liability
There are risks inherent into using the Services, for example, if you enrol in a course, and you don’t achieve your outcome. You fully accept these risks, and you agree that you will have no recourse to seek damages against, even if you suffer loss or damage from using the Services. In legal, more complete language, to the extent permitted by law, Claire Louise (and her suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if she’s been advised of the possibility of damages in advance. Her liability (and the liability of each of her suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid her in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
Indemnification
If you behave in a way that gets Claire Louise in legal trouble, she may exercise legal recourse against you. You agree to indemnify, defend (if she so requests), and hold harmless Claire Louise, and her suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
Governing Law and Jurisdiction
This policy and the use of this Site are governed by South African law. If a dispute arises under this Policy Claire Louise agrees to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Durban, South Africa. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each party.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, Claire Louise agrees to submit the dispute to binding arbitration at the following location: Durban, South Africa under the rules of the South African Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
www.clairelouise.co.za is controlled, operated and administered entirely within South Africa.
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to support@neworldmarketing.com).
No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. Claire Louise may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
Jurisdiction-Specific Rules
Claire Louise resides in South Africa, and in order to provide the Services to you she must transfer your data to the United States and process it there. By visiting or using the Services, you consent to storage of your data on servers located in the United States. If you are using the Services from outside the United States, you consent to the transfer, storage, and processing of your data in and to the United States or other countries. Specifically, personal data collected in Switzerland and the European Economic Area (“EEA”) is transferred and stored outside those areas.
That data is also processed outside of Switzerland and the EEA by Claire Louise, or her service providers, including to process transactions, facilitate payments, and provide support services as described above. She has entered into data processing agreements with her service providers that restrict and regulate their processing of your data on her behalf. By submitting your data or using the Services, you consent to this transfer, storage, and processing by franpiggott.com and its processors.
Promotions and Surveys
Claire Louise may invite you to complete a survey or participate in a promotion, either through the Services or a third-party platform. If you participate, she will collect and store the data you provide as part of participating, such as your name, email address, or phone number. That data is subject to her Privacy & Cookie Policy unless otherwise stated in the official rules of the promotion or in another privacy policy. The data collected will be used to administer the promotion or survey, including for notifying winners and distributing rewards. To receive a reward, you may be required to allow Claire Louise to post some of your information publicly (like on a winner’s page). Where she uses a third-party platform to administer a survey or promotion, the third party’s privacy policy will apply.
Updating These Terms
From time to time, Claire Louise may update these Terms to clarify her practices or to reflect new or different practices (such as when she adds new features), and Claire Louise reserves the right in her sole discretion to modify and/or make changes to these Terms at any time. If she makes any material change, she will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through the Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of the Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
How to Contact Claire Louise
The best way to get in touch is to contact clairelouise@clairelouise.co.za
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