Effective date: 1 March 2024
The following Terms of Use are entered into by and between You and Pivitte (PTY) LTD (referred to as "Company", "we", or "us"). These terms and conditions, along with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of www.pivitte.com, including any content, functionality, and services offered on or through www.pivitte.com (the “Website”), whether as a guest or a registered user.
Please read these Terms of Use carefully before you start using the Website. By accessing the Website or by clicking to accept or agree to the Terms of Use when this option is presented to you, you confirm your acceptance of, and agreement to be bound by, these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use, including the incorporated documents, you must not access or use the Website.
Eligibility
This Website is intended for users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the eligibility criteria. If you do not meet these requirements, you must not access or use the Website.
Changes To the Terms of Use
We reserve the right to amend these Terms of Use at our sole discretion. All changes will take effect immediately when posted and will apply to all subsequent access to and use of the Website. Your continued use of the Website following the posting of any revised Terms of Use constitutes your acceptance of those changes. You are responsible for reviewing these Terms regularly to remain aware of any updates, as they are binding.
Privacy
Your use of the Website is also governed by the Company’s Privacy Policy. Please review our Privacy Policy, which explains our data collection practices and is incorporated into these Terms of Use.
Disclaimer
Your use of the Website is subject to the Company’s Disclaimer. Please review the Disclaimer, which outlines various limitations regarding the information provided on the Website. Your acceptance of the Disclaimer is also incorporated into these Terms of Use.
Accessing The Website and Account Security
We reserve the right to modify or withdraw this Website and any service or material provided on the Website, at our sole discretion, without notice. We will not be liable if, for any reason, all or part of the Website becomes unavailable at any time or for any period. Occasionally, we may restrict access to parts or all of the Website, including for registered users.
To access certain areas or resources on the Website, you may be asked to provide registration details or other information. It is a condition of your use of the Website and any resources available for download that the information you provide is accurate, current, and complete. You agree that any information you provide will be governed by our Privacy Policy, and you consent to any actions we take regarding your information in accordance with that policy.
If you are provided with or choose a user name, password, or any other piece of security information, you must treat such information as confidential and not disclose it to others. Your account is personal, and you agree not to share access to the Website using your credentials. You must notify us immediately if you suspect any unauthorised use of your account or security breach. You agree to exit your account at the end of each session and take precautions when using public or shared computers to protect your login information.
We reserve the right to disable your user credentials if, in our opinion, you have violated any part of these Terms of Use.
Prohibited Use and Intellectual Property
You are granted a non-exclusive, non-transferable, revocable licence to access and use the Website and its downloadable resources in accordance with these Terms of Use. You agree not to use the Website for any unlawful or prohibited purpose. You must not damage, disable, or overburden the Website or interfere with others' use. Attempts to obtain unauthorised materials or information through the Website are strictly prohibited.
All content, including text, graphics, logos, and software, is the property of the Company or its suppliers and is protected by copyright and other intellectual property laws. You agree to respect all proprietary notices and not to alter or delete any such notices. You will not exploit or distribute the content in any way without express written permission from the Company or the copyright holder.
You do not gain any ownership rights to content on the Website, and no licences to intellectual property are granted except as explicitly stated in these Terms.
The Company name, logo, and slogans, as well as related names and designs, are trademarks of the Company or its affiliates. You must not use these marks without written permission. Any other trademarks on the Website belong to their respective owners.
For Educational and Informational Purposes
As detailed in the Disclaimer, the information on this Website is intended solely for educational and informational purposes. It should not be considered legal, financial, medical, or other professional advice.
Accuracy and Responsibility
We make every effort to ensure that the information provided on this Website and through its downloadable resources is accurate. However, we cannot guarantee this. Neither the Company nor its owners or employees will be held liable for any errors or omissions. You are responsible for seeking competent professional advice relevant to your situation.
By using the Website, you accept responsibility for your actions and any consequences arising from your use of information or resources on the Website. You agree to exercise your own judgement and perform due diligence before taking action based on the content provided.
No Guarantees of Results
As outlined more fully in the Disclaimer, you agree that the Company has made no guarantees regarding the outcomes of any actions taken, whether suggested on this Website or not. The Company provides educational and informational resources intended to assist users of this Website in achieving success. However, you acknowledge that your success or failure will depend on your own efforts, your individual circumstances, and numerous factors beyond the control and/or knowledge of the Company.
You also acknowledge that past results do not guarantee similar outcomes. Therefore, the results achieved by others – whether clients of the Company or not – through the application of the principles on this Website do not ensure that you, or any other person or entity, will achieve comparable results.
Email and Other Electronic Communications
By visiting the Website or sending emails to the Company, you are engaging in electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, fulfil any legal requirements for such communications to be in writing.
We are happy to communicate with you via email, and various sections of the Website allow you to send electronic communications to the Company. However, such emails or other electronic communications do not establish a business or contractual relationship. As explained in our Privacy Policy, we will take reasonable steps to ensure the confidentiality of these communications, but we cannot guarantee their security or that we would not be required to disclose such communications by court order.
Use of Communication Services
The Website may contain bulletin boards, chat rooms, news groups, forums, communities, personal web pages, calendars, blog comment sections, and/or other communication platforms designed to enable communication with the public or within a group (collectively, “Communication Services”). You agree to use these Communication Services only to post, send, and receive messages and materials that are proper and related to the particular Communication Service.
For example, and not as a limitation, when using a Communication Service, you agree not to:
The Company is under no obligation to monitor Communication Services but reserves the right to review materials posted and remove any materials at its sole discretion. The Company may terminate your access to any or all Communication Services at any time, without notice, and for any reason.
The Company also reserves the right to disclose any information as necessary to comply with any applicable law, regulation, legal process, or governmental request, and to edit, refuse to post, or remove any information or materials in its sole discretion.
Always exercise caution when providing any personal information about yourself in a Communication Service. The Company does not control or endorse the content, messages, or information found in any Communication Service and specifically disclaims any liability concerning your participation in any Communication Service. The views of managers and hosts do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to limitations on usage, reproduction, and/or dissemination as posted. You are responsible for adhering to such limitations if you upload materials.
Materials Provided to the Website
The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input, or submit to the Website or any of our associated services (collectively referred to as “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting the Company, its affiliated companies, and necessary sub-licensees permission to use your Submission in connection with their internet businesses. This includes, but is not limited to, the rights to copy, distribute, transmit, publicly display, perform, reproduce, edit, translate, and reformat your Submission, as well as to publish your name in connection with it.
No compensation will be paid for the use of your Submission as outlined herein. The Company is under no obligation to post or use any Submission you provide and may remove any Submission at its sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission, as described in this section. This includes, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission.
Links To Third Party Websites and Services
The Website may contain links to other websites ("Linked Websites"). The Linked Websites are not under the control of the Company, and the Company is not responsible for the content of any Linked Website, including, but not limited to, any link within a Linked Website or any changes or updates to a Linked Website. The Company provides these links solely for your convenience, and the inclusion of any link does not imply endorsement by the Company or any association with its operators.
Certain services available via the Website are provided by third-party websites and organisations. By using any product, service, or functionality originating from the Website, you acknowledge and consent that the Company may share information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service, or functionality on behalf of the Website’s users and customers.
Use Of Templates and Forms
The Company provides various templates and/or forms for download or purchase on the Website. The Company grants you a limited, personal, non-exclusive, non-transferable licence to use these templates and/or forms for your personal or internal business purposes. Except as otherwise permitted, you agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse-engineer, alter, enhance, or otherwise exploit the templates and/or forms in any way, apart from filling them in for your authorised use.
By ordering or downloading templates or forms, you agree that they are for your personal or business use only and may not be sold or redistributed without the express written consent of the Company.
Use of Paid Courses, Programs, and Associated Material
From time to time, the Company provides various courses, programmes, and associated materials for sale on the Website. The Company grants you a limited, personal, non-exclusive, non-transferable licence to use these courses, programmes, and associated materials (collectively referred to as "Courses") for your personal or internal business purposes. Except as otherwise permitted, you agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse-engineer, alter, enhance, or otherwise exploit the Courses in any way.
By ordering or participating in Courses, you agree that the Courses you purchase or download are for your personal or business use only and may not be sold or redistributed without the express written consent of the Company.
You further agree that you will not create any derivative works based on the Courses, nor will you offer any competing products or services using the information contained in the Courses.
Use of Free Downloadable Content
The Company provides various resources on the Website that users may access by providing an email address. The Company grants you a limited, personal, non-exclusive, non-transferable licence to use the resources provided in exchange for your email address (referred to as "Freemium Content") for your personal or internal business use. Except as otherwise permitted, you agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse-engineer, alter, enhance, or otherwise exploit the Freemium Content in any way.
By downloading the Freemium Content, you agree that it is for your personal or business use only and may not be sold or redistributed without the express written consent of the Company.
You further agree that you will not create any derivative works based on the Freemium Content, nor will you offer any competing products or services using the information contained in the Freemium Content.
Guests
From time to time, the Company may provide information from third parties in the form of podcast guest interviews, guest blog posts, or other mediums. The Company does not control the information provided by third-party guests, is not responsible for verifying its accuracy, and cannot guarantee the truthfulness of any statements made by guests.
Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may hold in such interviews to the Company and provide a licence for any rights they are unable to assign.
Cancellation of Subscription
Certain products and services offered by the Company are available on an ongoing basis with a monthly or yearly subscription. Users may cancel their subscriptions at any time by emailing charmaine@pivitte.com.
No Refunds
Refunds are not available for any Membership or Single Class purchase.
For Memberships, no refunds or prorated billing are provided for memberships cancelled mid-month. In such cases, you will retain access to your Membership until the end of the monthly billing cycle.
For Single Classes, no refunds will be given for missed classes for any reason. If you are unable to attend a class, you may request to either reschedule or receive a limited time recording of the missed class by emailing charmaine@pivitte.com.
No Warranties
The Company makes no warranties regarding the performance or operation of this website. Additionally, the Company does not make any representations or warranties, express or implied, regarding the information, content, materials, documents, programmes, products, books, or services available on or through this website. To the fullest extent permitted by law, the Company disclaims all warranties, whether express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to release the Company from any and all liability or losses that you or any associated person or entity may incur as a result of using the information provided on this website and/or any resources downloaded from it. You agree that the Company shall not be liable for any damages, including direct, indirect, special, incidental, equitable, or consequential losses or damages arising from the use of this website.
The information, software, products, and services available on this website may include inaccuracies or typographical errors. Changes are periodically added to the information provided. The Company and/or its suppliers may make improvements or changes to the website at any time.
The Company and/or its suppliers make no representations regarding the suitability, reliability, availability, timeliness, or accuracy of the information, software, products, services, and related graphics on the website for any purpose. To the maximum extent permitted by law, all such information, software, products, services, and related graphics are provided "as is," without warranty or condition of any kind. The Company and/or its suppliers disclaim all warranties and conditions with regard to this information, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages, including, without limitation, damages for loss of use, data, or profits, arising from or connected with the use or performance of the website, the delay or inability to use the website or related services, the provision or failure to provide services, or for any information, software, products, services, and related graphics obtained through the website. This applies whether the claim is based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any part of the website or these terms of use, your sole and exclusive remedy is to discontinue using the website.
Arbitration
You expressly waive any and all claims, now or in the future, arising from or relating to this website, the Company, any contracts you enter with the Company, and any of the Company’s products and services.
If you attempt to assert any such claim, you expressly agree to submit such a claim to binding arbitration, to be conducted in Durban, South Africa. You also agree to waive any right to class arbitration and agree to pursue arbitration for individual claims only. To the fullest extent permitted by law, you agree to bear all costs associated with initiating and administering the arbitration.
International Users
The service is controlled and operated by the Company from its offices in South Africa. If you access the service from outside South Africa, you are responsible for complying with all applicable local laws. You agree not to use the content accessed through this website in any country or in any manner that violates any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties from any losses, costs, liabilities, and expenses (including reasonable legal fees) arising from your use of or inability to use the website or services, any user postings made by you, your violation of this agreement, your infringement of any third-party rights, or your breach of applicable laws, rules, or regulations. The Company reserves the right, at its own expense, to assume exclusive control of any matter otherwise subject to indemnification by you, and in such an event, you agree to cooperate fully with the Company in asserting any available defences.
Termination and Access Restriction
The Company reserves the right, at its sole discretion, to terminate your access to the website and related services, or any part thereof, at any time without notice. To the maximum extent permitted by law, you consent to resolve any disputes arising from or related to this website or the terms of use through the Arbitration Clause above. Use of this website is unauthorised in any jurisdiction that does not enforce all provisions of these terms, including this section.
No Joint Venture or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing in this agreement derogates from the Company’s right to comply with governmental, court, or law enforcement requests or requirements relating to your use of the website or information provided to or collected by the Company during such use. If any part of this agreement is found to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations stated above, the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely reflects the intent of the original, and the remainder of the agreement will remain in effect.
Entire Agreement
Unless otherwise specified, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company regarding the website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the Company. A printed version of this agreement and any notice provided in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form. It is the express intent of the parties that this agreement and all related documents be written in English.
Changes to Terms
The Company reserves the right to change the terms under which the website is offered at any time, at its sole discretion. The most current version of the terms will supersede all previous versions. The Company encourages you to periodically review the terms to stay informed of any updates.
If you have any questions, concerns or complaints about this Terms of Use, please contact us via email charmaine@pivitte.com