Website and Email Disclaimer, Terms And Conditions, and Privacy
This website (and associated services such as email) is provided “as is” without any representations or warranties, express or implied by the webmaster, Leon Uys. Leon Uys makes no representations or warranties in relation to this website or the information and materials provided on this website. By viewing this website, you agree to fully abide by this disclaimer, and if you don’t agree please leave immediately. Please read the full document. If you have any questions about these policies, please contact us.
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Access to the services, content and downloads available on the Leon Uys website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002 (ECT Act).
Without prejudice to the generality of the foregoing paragraphs, Leon Uys does not warrant that:
* this website will be constantly available, or available at all; or
* the information on this website is complete, true, accurate or non-misleading; or
* he is the only person that makes changes or updates; or
* the information on this website is monitored or watched; or
* the information will not be updated or deleted without warning or notice
Nothing on this website constitutes, or is meant to constitute:
* hurt, injury, defamation, slander, insult, damage to good reputation, lies, untruths, directly or indirectly; or
* advice of any kind. If you require advice in relation to any legal, financial, internet or medical matter you should consult an appropriate professional; or
* endorsement of any product or website or tacit encouragement; or
* breach of any existing contract or agreement.
For the purposes of brevity in this document any referral to the singular shall include the plural and male shall include female and vice versa. Headings in this document are for convenience and shall carry no weight. The word website is a collective term for all electronically generated content via all media such as internet, email, IM, Chat or Social as anticipated by the South African “Electronic Communications and Transactions Act”, Act 25 of 2002 and other applicable laws.
No rights of any kind are or may be or is deemed to be transferred to any other party by this website or transactions derived from it, except those explicitly so conducted; And those shall then be governed by their respective terms and conditions in addition to these basic conditions.
You may only use the website if in terms of South African law you have the legal capacity to enter into an agreement.
Limitations of liability
Leon Uys will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
* to the extent that the website is provided free-of-charge, for any direct loss;
* for any indirect, special or consequential loss; or
* for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Leon Uys has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Leon Uys’s liability in respect of any:
* death or personal injury caused by Leon Uys’s negligence;
* fraud or fraudulent misrepresentation on the part of Leon Uys; or
* matter which it would be illegal or unlawful for Leon Uys to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Leon Uys has an interest in limiting the personal liability of his family and friends, officers and employees. You agree that you will not bring any claim personally against Leon Uys’s family, friends, officers, employees or associates in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Leon Uys’s friends and family, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors (singularly and plurally, male or female) as well as Leon Uys.
Other parties may link to or from this website or participate in comments and replies with or without the explicit knowledge or visibility of the website, and Leon Uys shall in no way whatsoever be expected to know about the content of such links. The opinions and publications of other parties are solely their own responsibility and Leon Uys does not necessarily agree with such. Leon Uys also doesn’t endorse or encourage such other websites.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer.
This website Disclaimer and Agreement is hereby declared to be the only binding agreement between the parties. No changes or alterations or additions will be entertained except where those changes are reduced to writing and agreed to by both parties.
Notice of Intention to Take Action
Notwithstanding any of the foregoing and without prejudice to all the foregoing, you agree to inform Leon Uys if you find any part of this site offensive or otherwise unacceptable of your intention to take action before you initiate such action and incur costs to allow for the possibility that a remedy might be duly developed and all parties be satisfied.
Conditions Relating To Email
You may have accessed this webpage by clicking on the warnings and disclaimer hyperlink appearing on an email sent to you by an official from Leon Uys in South Africa (“the email”). The full text of the warnings and disclaimers appears below and is legally incorporated into the email in terms of the South African Electronic Communications and Transactions Act, 25 of 2002, and is binding on the recipient and any other persons or entities who have sight of the email.
The fact that Leon Uys does not deal with each and every allegation contained in these e-mails should not be construed as an admission thereof or acceptance of the facts alleged or contentions advanced therein. All the rights remain explicitly reserved. Mails are sent without prejudice.
Email Usage: Confidentiality and Disclaimer Warnings
This email and any files or attachments transmitted with it are confidential and intended solely for the use of the individual or entity to whom, or to which they are addressed. If you are not the intended recipient of this email (or such person’s authorised representative), please notify the sender of this email immediately by return e-mail, facsimile or telephone and delete this message, together with any, and all attachments from your computer. If you are not the intended recipient then you may not, furthermore, print, store, forward or copy this message or any part thereof or disclose or cause information in this message to be disclosed to any other person, nor rely, or cause to be relied, on the information contained herein.
Warning concerning privilege and authority to bind
The information in or attached to this email message is confidential and may be subject to legal privilege and client confidentiality. Nothing in this message constitutes an offer, warranty or representation from Leon Uys. While Leon Uys may be entitled to rely on and hold you to your offers, warranties, representations or other statements made in or attached to this message, our employees or representatives may not conclude agreements or otherwise bind Leon Uys via email unless the email is sent by a duly appointed officer of Leon Uys. In the event of any doubt, recipients of Leon Uys ‘s email should confirm with the sender whether the sender has the necessary authority to bind Leon Uys, and if necessary, may request that the sender’s superior confirm this in writing prior to concluding any agreement via email.
Disclaimer concerning viruses
Although Leon Uys has taken reasonable precautions to ensure no viruses are present in this email, Leon Uys cannot accept responsibility for any loss or damage arising from the use of this email or attachments resulting from malicious software code or viruses contained in this message or attachments, including data corruption resulting there from. Leon Uys warns all recipients that computer viruses can be transmitted via email. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The recipient should check this email and any attachments for the presence of viruses.
Disclaimer concerning sending of spam
Leon Uys and the employees are prohibited from sending unsolicited messages (“spam”). If this email contains spam then the employee has acted outside the scope of her or his employment with Leon Uys for which the Leon Uys accepts no liability whatsoever. Disciplinary action will be taken against such employees in addition to any legal action that may be instituted against such employees either by Leon Uys, regulatory authorities and/or other external parties. If you regard this message as spam, please inform Leon Uys immediately by sending an email to email@example.com
Disclaimer concerning sending of offensive, derogatory or defamatory matter
Leon Uys and the employees are prohibited from sending messages containing offensive, derogatory or defamatory statements or materials. If this email contains such matters then the employee has acted outside the scope of her or his employment with Leon Uys for which Leon Uys accepts no liability whatsoever, and only the sender can be held liable in his/her personal capacity. See also “Disclaimer concerning personal usage of email”.
Disclaimer concerning personal usage of Leon Uys email
The usage of Leon Uys infrastructure including email and internet facilities is intended for Leon Uys work-related product. Leon Uys is cognisant however, that Leon Uys personnel do make use of such facilities for personal reasons. Personnel do so, however, on the understanding that they may not use these facilities to bring Leon Uys into disrepute, commit unlawful acts or in any other way to harm the interests of Leon Uys. Leon Uys does not accept any liability to recipient(s), either within Leon Uys or external to Leon Uys, for the actions of its employees when acting in a personal capacity and disclaims any liability for the contents of email sent by Leon Uys employees using Leon Uys facilities that contain partial or complete personal content. For the purposes of this policy the terms “personal usage”, “personal reasons” and “personal content” refers to the usage of Leon Uys facilities such as email, IM, Chat, Wifi, or Social to convey messages to a recipient(s), be it within Leon Uys or external to Leon Uys, that is not Leon Uys work-related product.
Notice concerning monitoring of electronic communication, including email
Leon Uys and the employees making use of Leon Uys facilities to send and receive emails, and the recipients or senders of such emails, are informed that Leon Uys has the right to monitor the use of its facilities including the contents of emails sent and received by employees. Leon Uys endeavours to protect the privacy rights of its employees provided that such rights do not impair, harm or threaten the rights of Leon Uys and its legitimate interests, or any laws, rules and/or regulations of external authorities that may be binding on Leon Uys.
Implications of Section 11(3) of the South African “Electronic Communications and Transactions Act”
All Leon Uys emails contain an abridged disclaimer which is linked to this page of the Leon Uys website which contains the entire disclaimer. The entire disclaimer is deemed to form part of the email contents in terms of Section 11(3) of the South African “Electronic Communications and Transactions Act”, Act 25 of 2002, which reads as follows:
“11. (3) Information incorporated into an agreement and that is not in the public domain is regarded as having been incorporated into a data message if such information is -
1. referred to in a way in which a reasonable person would have noticed the reference thereto and incorporation thereof; and
2. accessible in a form in which it may be read, stored and retrieved by the other party, whether electronically or as a computer printout as long as such information is reasonably capable of being reduced to electronic form by the party incorporating it.”
Unless otherwise agreed: (a) Leon Uys is only deemed to have received an email once the recipient has confirmed receipt thereof to you; (b) Leon Uys deems to have sent an email once reflected as sent on our email server.
For the purposes of this Confidentiality and Disclaimer Warning in respect of the usage of Leon Uys email, the term employee refers to any person, whether employed on a permanent, temporary or contract basis who has access to email services provided by Leon Uys.
Our corporate information and names of our office bearers, including directors can be accessed here on this website.
This disclaimer applies to the original message, any attachments and all subsequent messages or attachments Leon Uys may send. If you have any questions on this policy, please contact Leon Uys.
Commensurate with the provisions of the Electronic Communications and Transactions Act, the word “email” refers to and is completely synonymous with any form of electronic communication in use at the time, including IM, Social Media, Online Database, Chat, and includes any device used for this purpose regardless of hardware and software or connectivity in use, and no distinction is made between fixed or mobile devices.
Copies of the Electronic Communications and Transactions Act, and Regulation of Interception and Monitoring of Communications Act are available from the South African government website at www.gov.za/acts/index.html.
Actions for breach of this policy by Leon Uys personnel
At the sole discretion of Leon Uys, disciplinary action may be taken against employees who breach the terms of this policy, and punishment may include, amongst other things, suspension or termination of employment. In addition, legal action may be instituted against such employees by the company, regulatory authorities and/or other external parties.
Due to the nature of the relationship the parties may enjoy it is necessary for you to provide Leon Uys with personally identifiable information, for example a delivery address or the placement of “cookies” in your web browser. Any information that you provide to Leon Uys, whether on any forms you complete or through this website, and any information which Leon Uys has about you will be regarded by Leon Uys as personal information and, subject to the terms and conditions, will be treated as confidential.
Leon Uys may collect and analyse your personal information. Leon Uys will also use your personal information in the ordinary course of its business and for promotions and marketing. This may include activities such as checking with a credit bureau.
Leon Uys will release your personal information to a party if it believes that it is required by law or by a court to do so. Leon Uys will also disclose your personal information if it believes that this is necessary to prevent or lessen any unlawful or harmful actions.
If you ever want to update or correct any of your personal information held by Leon Uys, kindly send us the details. We will confirm any changes you have requested by e-mail.
Copyright and Trade Marks
The contents of this website, including any software, icons, text, links, graphics, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of Leon Uys and/or third parties. Any unauthorised use of the contents, information or materials on this website is prohibited.
Registered Trade Marks and Logos of other products and services where indicated remain the property of their respective owners and are used here with permission.
Agreement To and Acceptance of Terms
Leon Uys permits use of this website subject to the terms and conditions as set out herein. By using this website in any way, you are deemed to have Agreed to and Accepted all the terms and conditions unconditionally. You furthermore state and confirm that you have the legal capacity to enter into this agreement.
You must not use this website if you do not agree to the terms and conditions or are legally prevented (e.g. insolvent or others). It should be noted that the use of different parts of this website may be subject to different terms and conditions as indicated on that part of the website. Different services offered by Leon Uys may also be subject to further terms and conditions and your use of these services will also be subject to the terms and conditions governing the relevant services.
These terms and agreements may be modified at the sole discretion of Leon Uys at any time and without any prior or post notification.
Waivers and Deviations
Any waivers or deviations or other relaxations of terms relating to these terms and conditions by Leon Uys is purely an indulgence and no notice of such should be made, and it is never an indication of acceptance of the waiver of the original terms and conditions which remain in force.
Commercial Terms and Conditions
Leon Uys is a business in the coaching and consulting business.
You may only use the website if in terms of South African law you have the legal capacity to enter into an agreement.
The current business name, names of directors and contact details are elsewhere on this website.
Save for the circumstances in which applicable legislation overrides this disclaimer, with specific reference to the Consumer Protection Act, No. 68 of 2008 and the Electronic Communications and Transactions Act, No. 25 of 2005, neither Leon Uys nor any of its affiliates, agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website.
Although the products and services sold via this website may be under warranty, the website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the products and services available from and through this website will meet your individual requirements and be compatible with your equipment, electrical supply, staff, hardware, software or any other
Goods and services provided through this business remain the sole property of Leon Uys until payment has been effected in full, and the cash is freely available in the indicated Bank Account. Any additional costs that are incurred such as lawyers’ fees, tracking and tracing, clearance fees, interest charged on overdue accounts, are fully for the buyers’ account and must be paid in full before the good or services are shipped.
Ownership only passes to the customer when the sales cycle is completed and payment is received in full. Goods and services not paid for in full at the time of placing the order will be allocated to the next prospective customer and inventory so depleted. No inventory is reserved during the sales cycle.
Warranty and Returns
Leon Uys endeavours to only stock products of good quality, in good working order, free of any defects, being capable of being used for a reasonable period of time and suitable for the purpose for which a consumer wishes to use them.
All our products are backed up by a manufacturer’s or supplier’s warranty. Leon Uys does not provide any warranty services beyond that which is explicitly provided by the manufacturer or supplier of the goods and services or the law.
Subject to these terms, all goods carry an implied warranty in accordance with the Consumer Protection Act 68 of 2008 (“CPA”) which forthwith gives the consumer the right to return unsafe and defective goods in terms of section 20 read together with section 56 of the CPA. Notwithstanding the CPA implied warranty, some goods also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law.
The implied warranty on goods supplied places an obligation on Leon Uys to accept the return of unsafe or defective goods within six months of delivery, in the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA. Furthermore, the consumer has a right to return goods to Leon Uys if:
The consumer finds, within ten days of delivery, that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);
The consumer did not have a chance to examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and
The consumer has refused delivery of any of those goods, because they were mixed with items that were not ordered, as contemplated in section 19(8).
Under no circumstances will we accept returned goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase or acceptance of a delivery, the goods have been damaged due to the customer’s negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our or the manufacturer’s instructions and/or have been subjected to misuse or abuse.
Shipping and Delivery policy
Goods and services ordered from us are always subject to availability of inventory and confirmation of payment. No order will be shipped or delivered unless payment in full is received and confirmed and inventory is only allocated upon payment. Orders will normally be processed within 5 working days and delivery confirmed by e-mail to the last known address on record.
Payment for Goods and Services
Payment for goods and services can only made in South African Rands and are subjected to all applicable duties and taxes, whether explicitly quoted or not. Additional fees charged by your credit card company is for your account.
Shipping will be offered to eligible South African addresses if appropriate and at a cost.
Return and Refunds policy
The provision of goods and services by Leon Uys is subject to availability at the point of payment acceptance. Where an order is placed but the goods or services are not available at that point Leon Uys will offer alternative options, or refund any monies paid within 30 days.
Refunds will only be made into the account from which the original payment was made.
Where and order for goods or service is cancelled after the order is accepted but before it is delivered by Leon Uys, the refund will attract a 10% service and re-stocking fee and subject to a minimum charge of R200-00.
Where a booking for an event is cancelled, further cancellation fees graded to the time before the event is applicable as indicated on the order form.
Returns of equipment where applicable will solely be at the discretion of Leon Uys and within the original equipment manufacturers’ guidelines and the relevant laws.
All transactions are conducted in South African RAND (R) (ZAR). Internet transactions e.g. credit card payments are done through XXXXX. When. The XXXXX security policy can be found at : https://www.xxxxx.co.za/xxxx/xxxx.
Please also read the XXXXX Terms and Conditions, located at : https://www.xxxxx.co.za/legal.
By submitting a sales order through any of the Leon Uys website services, you warrant that you are acting within the bounds of the law and that you have the legal capacity to transact, or have the mandate to transact to do so. This includes that you have obtained the express permission (indemnity) of the person and or Business whose information you are submitting / using through any of our services and that you are not in breach of the Consumer Protection Act or National Credit Act, and / or any other applicable legislation in any way. You indemnify Leon Uys, its members and employees from any claim and / or liability from any third party arising out of your instructions and/or use of the service(s).
The preferred option is to pay by EFT to a nominated South African Bank or using a recognised VISA card or Master Card. Most legal forms of payment such as credit cards or cash in South African currency will be accepted but certain transactions may be refused and no reasons for refusal will be provided.
This Agreement shall be construed in accordance with the laws of the Republic of South Africa. Your use of this site shall be the confirmation of your acceptance to submit to the jurisdiction of the Magistrates’ Court otherwise having jurisdiction. Nothing shall prevent Leon Uys, or any of its partners, subsidiaries, associates or affiliates, from suing out of the High Court of South Africa, Transvaal Provincial Division, to which jurisdiction you hereby consent. You agree to indemnify and hold Leon Uys harmless from and against any and all claims, damages, costs and expenses, including Attorneys’ fees, arising from or related to your use of this site.
E & O E
Errors and Omissions Excepted. This website disclaimer is based on a precedent created by template-contracts.co.uk and published by freenetlaw.com and legal advice from Cyberlaw Consulting in South Africa