Terms of Use

Terms Of Use

Welcome to our website. By continuing to browse and use this website you are agreeing to comply with and be bound by the following terms of use, which together with our Disclaimer and Privacy & Confidentiality Statements govern our relationship with you, in relation to this website.

The term “Life Can Be Different” or “us” or “we” or “our” or “the company” refers to the owner of the website whose registered office is 5 Blanca Peak Crescent, Midlands Estate, Midstream Estates, South Africa. (Our company registration number is 1993/002361/07, duly registered in South Africa.) The terms “you” and “User” refer to the user or visitor or member of our website.

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. This website does not substitute talking with your psychiatrist, medical doctor, any other medical practitioner and/or therapist. The Content is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability, express or implied, for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • Due to the sensitive nature of the content and to prevent misunderstandings in translation only English is permitted. Posts in other languages are deleted.
  • The User acknowledges that the website contains Content that is protected by copyrights, intellectual property, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, including media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the applicable copyright laws, and Emmanuel van der Meulen and Life Can Be Different or individual persons who officially post for the website own a copyright in the selection, coordination, arrangement and enhancement of such Content.
  • The User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, intellectual property or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the applicable copyright laws, User may not upload, post, reproduce or distribute in any way Content protected by copyright, or intellectual property or other proprietary rights, without obtaining written permission of the owner of the copyright or intellectual property or other proprietary right.
  • Purchased Content (articles) from Life Can be Different may only be placed once in a distinct issue of one publication/newsletter/blog/ezine/website page.
  • Pre-licensed Content: A category of articles to be taken from the website and placed, but not altered, is available. Once such an article is placed, it is with the proviso that the article is accompanied by a link to this website. Where such Content is made available, thus available for the express purpose of being used free of any charge, as content for a publication/ newsletter/ blog/ ezine/ website page, you have permission to reprint such Content, as long as written permission is obtained. The only other requirement is that you include the following footer:
    “*Article by Emmanuel van der Meulen, visit lifecanbedifferent.com for more, similar, original content.”
  • Authorization to Use; Permitted Uses: You may access and use the website solely in accordance with these Terms Of Use and any posted policies and procedures that appear on the website. Any use of the website is at your sole risk and responsibility. Subject to these Terms Of Use, you may (i) display the website on an Internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute “fair use” under the applicable copyright law, you may print copies of insubstantial portions of the website.
  • All trademarks reproduced on this website that are not the property of, or licensed to, Life Can Be Different, are acknowledged on the website.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of South Africa.
  • Operation of website: Life Can Be Different shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the website.
  • During any type of communication, obscenities, derogatory or insulting language is not tolerated and may lead to expulsion from the site.

Links

  • From time to time this website may also include links to and from other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the linked website(s). We have no responsibility for the content of the linked website(s).
  • You may create a link to this website from another website or document by obtaining our prior written consent. Referencing pages herein through links is allowable under the following conditions: (i) Do not attempt to disguise our website. (ii) Cite our website in the reference. (iii) Ensure that the URL of the referenced page is clearly visible. (iv) Do not display referenced pages in frames. Either open a new document window or replace the existing page with the referenced one. (v) Do not reference pages contained within frames. Instead, reference the page as a parent document.

Accounts – Paid/Free (Registration)

  • To create an account, you need to be at least 18 years of age. If you are younger than 18 years of age, you need to have the written consent of a parent or guardian filed in our office.
  • In order to interact with the website, registering and account creation is required. Once you have created an account, you are a “Registered User” or a “Member” or a “Customer.” In creating an account, you agree to provide accurate, current and complete information.
  • You are responsible for safeguarding the password that you use to access your account. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You are responsible for immediately notifying Life Can Be Different of any unauthorized use of your password.
  • You are responsible for keeping your account information current and accurate; Life Can Be Different has no liability for your failure to deliver timely notice of changes to your account information.
  • When you register for an account, and at any time thereafter, you are able to select what term of subscription you prefer. Life Can Be Different subscription accounts are subscription services with recurring credit card charges on a monthly/yearly basis (as selected by you during registration or subsequent configuration). You agree to pay all account charges, and to pay any applicable taxes and other fees that may accrue in relation to your use of the subscription service. For accounts set up on an invoice basis, you agree to pay Life Can Be Different all amounts stated in such invoices immediately on presentation of such orders or invoices.
  • You are responsible for all activity occurring under your name and shall abide by all applicable local, state/provincial, national and foreign laws, treaties and regulations in connection with your use of the website, including those related to data privacy, international communications and the transmission of technical or personal data.
  • Life Can Be Different does not own any data, information or material that you submit in the course of using the website (“Customer Data”). You, not Life Can Be Different, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to use of all Customer Data. Life Can Be Different shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Life Can Be Different reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, non-payment.
  • Life Can Be Different charges and collects in advance for use of subscription services. Life Can Be Different automatically renews and bills your credit card or issue an invoice to you (i) every month for monthly subscriptions, (ii) each year on the subsequent anniversary for annual subscriptions, or (iii) as otherwise mutually agreed upon. The renewal charge is equal to the fee in effect during the prior term, unless Life Can Be Different has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services are charged on an as-quoted basis.
  • You agree to provide Life Can Be Different with complete and accurate billing information. This information includes your legal name, street address, email address, and name and telephone number of an authorized billing contact. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Life Can Be Different reserves the right to terminate your account access to the website in addition to resorting to any other legal remedies.
  • If you believe your bill is incorrect, Contact Us in writing within 30 days of the invoice date of the invoice containing the amount in question, to be eligible to receive an adjustment or credit after proper investigation.
  • In addition to any other rights granted to Life Can Be Different herein, we reserve the right to suspend or terminate this Agreement and your account access to the website if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest at the maximum permitted by law, plus all expenses of collection.
  • If any claim should arise, the total claim would not be for more than the product or service purchased for which the claim is made, plus interest, if applicable.
  • Should you receive a refund/prorated refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you have no right (express or implied) to use any Response or other work product, content or media, nor do you have any ownership interest in or to the same.

Website security

You are prohibited from violating or attempting to violate the security of the website, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding,” “spamming,” “mailbombing” or “crashing” the website; (iv) sending unsolicited email to any user of the website, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the website. Violations of system or network security may result in civil or criminal liability.

Life Can Be Different investigates occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Life Can Be Different reserves the right to review postings on the website, to remove any postings, and to terminate your ability to communicate with, or post to the website at any time without notice, in its sole discretion. Life Can Be Different uses commercially reasonable efforts not to disclose any information you communicate with, or post to the website, but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, and reserves the right to edit, refuse to post, or to remove any information or materials, in whole or in part.

Disclaimer

  • Indemnification: You hereby agree to defend, indemnify and hold harmless Life Can Be Different and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand or liability arising from or relating to your violation of any of these Terms of Use or use of the website, and you agree to bear any expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees.
  • Limitation of Damages: IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR THESE TERMS OF USE OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE WEBSITE) EVEN IF Life Can Be Different OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
  • By using this website, you agree to receive, via email or otherwise, status notifications, periodic newsletters and carefully selected special offers and promotions for certain products and services that we believe could be of use to you. You are free to subscribe to or unsubscribe from such newsletters. Life Can Be Different may or may not use a third party to send email or otherwise contact you; however, your personal identifying information is never disclosed or shared with another party in a manner inconsistent with our Privacy & Confidentiality policy.
  • Entire Agreement: These Terms Of Use set forth the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by Life Can Be Different (e.g., Privacy & Confidentiality policy) as a condition precedent to Clients’ use of the website, between you and Life Can Be Different regarding the subject matter of these Terms Of Use.
  • Amendment: No modification, amendment or waiver of these Terms Of Use or any part hereof shall be binding unless evidenced in writing and signed by Life Can Be Different.
  • Severability: If any provision of these Terms Of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, then such provision shall be deemed null and void, notwithstanding, the remaining provisions shall continue in full force without being impaired or invalidated in any way.
  • Mutual Participation: The language of these Terms Of Use shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favour of either party hereto.
  • Headings: The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms Of Use. Section headings and other headings are used for convenience only.
  • Choice of Law: These Terms of Use shall be governed by the substantive law of South Africa, without reference to any choice of law principles that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms Of Use shall be submitted to the courts having jurisdiction in South Africa and having jurisdiction in the area in which such courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts with respect to such disputes.
  • Assignment: You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless Life Can Be Different agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void. Life Can Be Different may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.
  • Waiver: The waiver by Life Can Be Different of a breach or a violation of any provision of these Terms Of Use shall not operate or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms Of Use.
  • Independent Contractors: The parties and their respective personnel are and shall be independent contractors, and neither party has or shall have, by virtue of these Terms Of Use, power or authority to act or create any obligation, express or implied, on behalf of the other party.
  • If the performance of any part of these Terms Of Use by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labour disputes or any other causes beyond the control of either party, including what are termed “Acts of God,” that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.
  • Capacity: The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms Of Use and to fulfill their obligations hereunder.
  • Further Assurances: The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate as evidence to carry out the intent and purposes of these Terms Of Use.

Contact Us

If you have any concerns about our Terms Of Use, use the Contact Us, clearly stating your concerns. We make every reasonable effort to address your concerns and remedy any problems you bring to our attention.

22 December 2019