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Terms of service

 

Terms & Conditions

By signing up and using any of Ann du Plessis’s services, you agree to be bound by the following terms and conditions (“Terms Of Service”) and our Privacy Policy. Your use of the website and the services provided on it are at your own risk and subject to the terms and conditions of this Agreement, which forms a legally binding contract between Ann du Plessis and You.

Definitions
• ‘We’, ‘us’ and ‘our’ mean the owners, staff, partners or affiliates of Ann du Plessis.
• ‘Customer’ or ‘Client’ means you, or someone authorised to act on your behalf.
• ‘Their’ and ‘they’ mean another party, like third-party providers.
• ‘Products’, ‘services’ and ‘systems’ all refer to the same thing, that is any product or service we offer you, whether for free or at a cost.

General Conditions
We reserve the right to modify, terminate or refuse our services for any reason at any time, with or without notice.

We reserve the right to change fees for products and services for any reason at any time, with or without notice.

Use of our service is at your own risk. Our services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. Ann du Plessis does not warrant that the service will be uninterrupted, timely or error-free.

We in no way guarantee that our services will in any way impact your sales, market share or productivity, as this is solely within your control.

If any of our services are interrupted or cancelled for reasons beyond our control, we will endeavour to get your services back up as fast as we can. Ann du Plessis won’t be liable for any damages or losses you may suffer if our services are faulty or unavailable. You should consider getting adequate insurance if your business relies on fail-safe services.

We will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

We reserve all our rights in this agreement, and if one provision is found to be invalid, it will in no way affect the other provisions.

Third-party Services and Products
When using third party services your agreement is directly with them, and you must abide by their terms.

Because we have no control over their services or rates, we cannot take responsibility for its failure, unavailability or changes.

We may link to third party websites we think are useful, but will not be held responsible if you suffer damages as a result of using their products or services.

Usage and Copyrights
If you use our services in any way we deem inappropriate, we will suspend your services instantly, without notice.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. COMPANY ITS SUBSIDIARIES, AND ITS LICENCORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME COMPANY JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Severability

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Ann du Plessis with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Ann du Plessis with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Dispute Resolution:

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Kwazulu Natal and any dispute shall be subject to binding arbitration in Durban, North Carolina. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Updates to Terms of Service and Use

If we update or change our terms of service and use, we will publish the date, as below.
This policy was last modified in October 2019.

If there are any questions regarding these terms, please contact us on info@brandedcoaches.com