In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002 (“the ECT Act”) and the common law, these terms and conditions are valid, binding, and enforceable against all persons that access this website, web pages or any part thereof.
1. Definitions and Interpretation
In these terms and conditions, the following expressions bear the meanings assigned to them below and cognate expressions bear corresponding meanings:
1.1 – “Adapt Your Life” means Adapt Your Life (Pty) Ltd.
1.2 – “user” means any person who enters or uses the website, notwithstanding the fact that such a person may only visit the home page of the website
1.3 – “website” means the website, owned and operated by Adapt Your Life, available at http://www.adaptyourlife.com, including any page, part or element thereof; and
1.4 – hyperlinks herein to legal documents shall be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.
2.1 – Adapt Your Life is a mobile and online health and fitness platform that gives users the possibility to obtain health and medical information and purchase low carbohydrate products via the World Wide Web. The website contains functionality that allows users to upload content to the website. The user agrees that he/she will not upload or transmit any communications or content of any type to the website that infringe or violate any rights of any party. By submitting communications or content to the website, the user agrees that such submission is non-confidential for all purposes.
2.2 – Upon submission, the user will receive one of the following responses:
2.2.1 – an automatically generated system or manual email stating that Adapt Your Life is unable to address the specific question;
2.2.2 – an answer to the users medical related enquiry from a licensed doctor or physician; or
2.2.3 – an answer to a general enquiry from a Adapt Your Life support team member.
2.3 – Features of the service provided by Adapt Your Life that go beyond the website are for informational purposes only and do not constitute medical or other professional advice. The use of Adapt Your Life cannot replace a traditional doctor’s visit for professional medical advice, diagnosis or treatment. Cases that require immediate assistance (e.g. medical emergency) must be treated as an emergency by the user, and we are unable to assist in these cases. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. We accept no responsibility for any loss or damage that may arise from reliance on information contained in these pages.
3.1 – The use of Adapt Your Life requires the establishment of a specific user account. The registration requires that the user shall provide all requested information in the registration template. At the time of registration, the user must be 18 years of age or older.
3.2 – When registration is completed, the user will receive an automated email containing a confirmation link sent to the email address that was specified during the registration process. This link must be clicked to activate the user’s account. If the account is not activated within 48 hours of the registration process, it will be discarded and the user information will be deleted.
3.3 -There is no legal entitlement to the benefits and goods and / or services provided by Adapt Your Life. Adapt Your Life has the right to refuse registration without providing explanation.
4. Links to other websites
4.1 – We are not responsible for, and have no knowledge of, or control over the content of any other websites linked to this website, including, without limitation, the websites of our joint venture partners and affiliates-(“linked websites”). Links to other websites that may be provided are solely to facilitate your easy connection to those websites. We do not sponsor, endorse, or accept any liability for the content, products, and/or services of those linked websites. Use of any information provided on any linked website is at your sole risk. Adapt Your Life does not control the content, products and/or services of linked sites and shall further not be liable, in any manner whatsoever, for the access to, inability to access, use, inability to use or content available on or through linked websites.
5. Hypertext linking
5. 1 – The user may not create a link to any part of the website without Adapt Your Life’s prior written consent. If the user does create a link to any page of the website, the user acknowledges that he/she is solely responsible for the consequences of that link and he/she agrees to defend, indemnify and hold Adapt Your Life, its officers, directors, employees, agents, licensors and suppliers harmless from and against all damages, costs, losses (including without limitation, loss of profits) and expenses of any kind, whether direct or indirect, arising from, or in connection with, that link.
6.1 – The user has the right to cancel his/her registration anytime. In such event, the user must inform Adapt Your Life via email at firstname.lastname@example.org by means of a clear and concise statement of his/her decision to terminate your registration.
7. Information Obligation
7.1 – Further information about Adapt Your Life, including its offerings and process, can be seen exclusively via the illustrations on the website.
7.2 – Any input by the user may be modified at any time by selecting the “Back” button in their browser, and then making any relevant corrections. Termination of the browser session will act as cancellation of the registration process. This can be done at any time. The user shall further be provided with an opportunity to review the entire electronic transaction, to correct any mistakes, and to withdraw from the transaction before finally placing any order.
7.3 – The conclusion of this contract is solely available in the English language.
8. Disclosures Required by Section 43 of the ECT Act
8.1 – These terms and conditions as well as product and / or service specific terms and conditions govern the sale of goods and / or the provision of services from or through the Adapt Your Life website.
8.2 – Access to the goods, services, content, software and downloads available from the Adapt Your Life website may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore users have the rights detailed in chapter 7 of the ECT Act and Adapt Your Life has, amongst others, the duty to disclose the following information:
8.2.1 – The full name and legal status of the website owner:
220.127.116.11 – Company name: Adapt Your Life (Pty) Ltd
18.104.22.168 – Registration number: 2015 / 048783 / 07
22.214.171.124 – Registered Address: 2 Medburn Road, Camps Bay, Cape Town, 8045, South Africa;
8.2.2 – Director: Glen Brad Finkel
8.2.3 – Street address: 2 Medburn Road, Camps Bay, Cape Town, 8045, South Africa
8.2.4 – Postal address: PO Box 653198, Benmore, 2010, South Africa
8.2.5 – Physical address for receipt of legal service: 2 Medburn Road, Camps Bay, Cape Town, 8045, South Africa
8.2.6 – Telephone number: +27(83) 459 4744
8.2.7 – Fax number: N/A
8.2.8 – Main business: The production and global distribution of health products via an online sales and marketing website and the supply of health-related consulting services through an e-commerce website
8.2.9 – Website address of the Adapt Your Life website: http://www.adaptyourlife.com/
8.2.10 – Official e-mail address of the Adapt Your Life website: email@example.com
8.2.11 – Information manual published at: http://www.adaptyourlife.com/
8.2.12 – Users may lodge complaints concerning the Adapt Your Life website with Adapt Your Life at: firstname.lastname@example.org
9. Rights of Use
9.1 – The user is solely awarded the rights granted under these terms and conditions.
9.2 – The information published on the website inclusive of all content, information, pictures, video and / or databases is subject to copyright and owned and / or licensed to Adapt Your Life.
9.3 – The content available via the website may be used or reproduced for personal, private, educational and non-commercial purposes. Any use of property without expressed written consent from Adapt Your Life is prohibited.
10. Intellectual Property Rights
10.1 – All intellectual property on the website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text graphics, icons and hyperlinks are the property of or licensed to Adapt Your Life and as such, are protected from any infringement. All rights to intellectual property on the website are expressly reserved.
10.2 – No person may use logos, icons, or trade marks from the website as hyperlinks or for any other purposes without Adapt Your Life’s prior written consent.
11. User Data
11.1 – Adapt Your Life is entitled to collect and use information submitted by the user in accordance with these terms and conditions. Without expressed consent from the user, Adapt Your Life is permitted to collect and process all user data. The data collected will be processed and used to any extent necessary for the execution of these terms and conditions and in accordance with service fulfillment.
11.2 – At any given time, the user is subject to the availability of the online platform and has the ability to retrieve the data stored in his/her account and either modify, or delete the said information.
12.1 – Adapt Your Life provides a service which is available 24 hours per day except in the following instances:
12.1.1 – during backup operations;
12.1.2 – during times of system maintenance;
12.1.3 – during times of program work to the system and/or database; and/or
12.1.4 – as a result of 3rd party failures.
12.2 – Adapt Your Life will minimize any potential instances of disruption.
12.3 – Adapt Your Life does not make any warranties or representation that content and services available from the Adapt Your Life website shall in all cases be true, correct or free from any errors. Adapt Your Life shall take all reasonable steps to ensure the quality and accuracy of content available from the Adapt Your Life website.
12.4 – Adapt Your Life does not make any warranties or representation that the Adapt Your Life website shall be available at all times. Users acknowledge that the Adapt Your Life website may be unavailable due to updates or other causes beyond the reasonable control of the Adapt Your Life, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.
13.1 – Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Adapt Your Life (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be held liable for damages, loss or liability of any nature incurred by whomever and resulting from delay, non-performance, subpar performance in relation to access to the website, access to websites linked to the website, inability to access the website, inability to access websites linked to the website, content available on the website, services available from the website, products available from the website, downloads and use of content from the website and/or any other reason not related to Adapt Your Life gross negligence.
13.2 – Adapt Your Life cannot be held liable for indirect damages including consequential damages, unforeseeable damages, atypical damages or loss of profits. Additionally, this applies to labour disputes, accidental damage and force majeure of whatever nature.
13.3 – The website is supplied on an “as is” basis and has not been compiled to meet the user’s individual requirements. It is the responsibility of the user to satisfy himself/herself, prior to entering into this agreement with Adapt Your Life, that the content available from and through the website meet the user’s individual requirements and is compatible with the user’s computer hardware and/or software.
13.4 – The foregoing limitation of liability shall apply to all contractual and non-contractual claims.
14. Obligations of the User
14.1 – The user is obliged to use the service provided by Adapt Your Life properly. It is the responsibility of the user to record their personal information including username, password and all health data. Additionally, the user is responsible to ensure that personal information remains confidential. The user is responsible to notify Adapt Your Life if there is a misuse, or a suspicion of misuse of this information.
14.2 – The user is obligated to provide all necessary information to use this service. The information that is provided must be full, and truthful.
14.3 – It is the responsibility of the user to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the website and/or download content from the website.
15. Blocking Access / Termination
15.1 – Adapt Your Life reserves the right to institute legal proceedings against the user and/or immediately terminate the user’s access to the website in the event of improper use, or reasonable suspicion of improper use, of the website or a fundamental breach of these terms and conditions.
16.1 – Adapt Your Life reserves the right, in its sole and absolute discretion, at any time to modify these terms and conditions, to change the content and/or the goods and services available from the website, to discontinue any aspect of the website or service(s) available from the website, and to change the software and hardware required to access and use the website.
16.2 – If any modification is necessary to these terms and conditions, Adapt Your Life is not obligated to submit the updates to the user. The terms and conditions will be current on the website.
16.3 – The user shall be obliged to accept and comply with any modified terms and conditions.
17.1 – Adapt Your Life supports the following payment options: debit order, PayPal transfer, credit card, debit card, in select countries wire transfer. Certain options might not be available in all countries.
17.2 – Payments are processed by Stripe and PayPal for clients located in the USA and by Peach Payments for clients located in South Africa.
17.3 – If you choose a subscription for Adapt Your Life, periodic withdrawals are made to your selected payment method / account. By choosing a subscription based payment you agree to periodic withdrawals. If a free testing period is offered and chosen, payments might begin automatically after the testing period. This will be clearly stated on the page where the testing period is selected. You can inform Adapt Your Life at any time, if you no longer wish to use the service. Please to so in writing on email to email@example.com.
17.4 – Adapt Your Life confirms that it is utilizing a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction.
18.1 – Adapt Your Life does not edit or scan comments posted by the user or emails from the user to Adapt Your Life or the website and shall not be liable for any defamatory, illegal, infringing, hateful, pornographic, or harmful postings.
19. Interception of communications
19.1 – Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002 (“the RIC Act”), the user agrees to Adapt Your Life’s right to intercept, block, filter, read, delete, disclose and use all communications (including all data messages as defined in the ECT Act) sent or posted by the user to the website, its staff and employees.
19.2 – The user agrees and acknowledges that the consent provided by the user in the aforementioned clause satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
19.3 – Adapt Your Life respects the privacy and confidentiality of the user and any private data of the user shall not be sold or shared but used for the purpose that the user supplies it.
20. Applicable Law and Jurisdiction
20.1 – This website is in all respects hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the website, its content, services, products and these terms and conditions.
21. Agreement in terms of Section 21 of the ECT Act
21.1 – The user and Adapt Your Life agree that:
21.1.1 – the user shall be bound to these terms and conditions and such agreement is concluded in Johannesburg, South Africa at the time the user enters the website for the first time;
21.1.2 – data messages (as defined in the ECT Act) addressed by the user to Adapt Your Life shall only be deemed to have been received if and when responded to;
21.1.3 – data messages (as defined in the ECT Act) addressed to the user by Adapt Your Life shall be deemed to have been received by the user as detailed in section 23(b) of the ECT Act;
21.1.4 – data messages (as defined in the ECT Act) addressed by the user to Adapt Your Life shall be deemed to have been created and sent by the user from within the geographical boundaries of South Africa;
21.1.5 – electronic signatures, encryption and/or authentication is not required for valid electronic communications between the user and Adapt Your Life; and
21.1.6 – the user agrees and warrants that data messages that are sent to Adapt Your Life from a computer, IP address, or mobile device normally used or owned by the user, was sent and/or authorized by the user personally.
22.2 – Any failure by Adapt Your Life to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
22.3 – Adapt Your Life shall not be liable for costs incurred by users to obtain professional advice relating to these terms and conditions.
22.4 – In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.