TERMS AND CONDITIONS FOR TRANSFORM YOUR HEALTH NETWORK (PTY)LTD
GENERAL
The website www.transformyourhealthnetwork.com, hereafter called TYHN is owned by Transform Your Heath Network (Pty)Ltd. By using this website, you agree to be bound by this Terms and Conditions and you agree to use this websites in accordance with these terms and conditions, our Privacy Policy and other conditions that apply to our specific website, social media platforms, online platforms, membership sites, subsidiaries, products and services available through TYHN.
We reserve to amend these terms and condition from time to time and will post any revised terms and condition on the TYHN website. By continuing to use the website after such posting you accept the Terms and Conditions as modified.
This website is for informational purposes only and does not provide medical advice. This website offers products and services related to health and wellness. However, it is not a substitute for professional medical advice, diagnosis or treatment. You should always consult a physician or health care professional to obtain medical or health related advice. The use of information provided by TYHN is solely at your own risk. Without warranties of any kind either expressed or implied. We disclaim all warranties expressed or implied to the fullest extent permissible pursuant to applicable law. You agree at all times to defend indemnify and hold harmless TYHN its subsidiaries, affiliates successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholder, employees or each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligations, warranties, representation or covenant, set forth herein.
INTELLECTUAL PROPERTY RIGHTS
Our website, social media platforms, online platforms, membership sites, programs, workshops, products and services are the property of TYHN and are protected by copyright, trademark and other intellectual property laws. All the above-mentioned platforms are provided solely for personal non-commercial use.
Should you share our content via social media, please clearly acknowledge us as the source.
You may establish a hypertext link to the website as long as it does not imply any sponsorship of your website by TYHN. You may not, frame or inline link any of the content of our website or incorporate our content or intellectual property into any other website without prior written permission from TYHN.
Should we provide links to third party internet sites, this does not imply and endorsement or sponsorship of such sites, or the information, products, and services offered through these sites. You may not use our website or social media platforms to promote your own business or sell items, offer jobs or conduct commerce. You may be suspended or we would terminate your account, should you violate this policy.
Any opinions, advice, services expressed by third parties are not those of TYHN and we do not guarantee any accuracy, reliability, completeness or usefulness or any third party. Should you use third party websites, you release us and our subsidiaries from any damages which you insure and agree not to assert any claims against us, arising from your purchase or use of any products or services made available by third parties through our websites or social media platforms.
Regarding payment and delivery of goods and services of third parties, any Terms and Conditions, representations, warranties, and any such dealings are solely between you and the third party. You agree that TYHN, and its subsidiaries will not be held responsible or liable for any loss, damage or other matters of any sort incurred, as the result of any dealing or transactions with third parties.
You will not use our website, social media platform, online platforms, programs, workshops or membership sites to instigate or encourage others to commit illegal activities or cause injury or property damage to any person. You will not gain unauthorised access or give anybody else unauthorised access to our website, social media platforms, online platforms, programs, workshops and membership sites by means of hacking, transferring your password or other illicit means.
You will not use our website, social media platforms, online platforms, programs, workshops or membership site to post or transmit any unlawful, threatening, abusive, vulgar, defamatory, pornographic or indecent information of any kind. You will not conduct behaviours that would constitute a criminal offence or violate a national or international law.
TYHN is not obligated to monitor any of the content or postings. However, you agree that we have the absolute right to monitor and manage the information at our sole discretion. We reserve the right to alter, edit and remove postings or content, in whole or in part, for any reason and if necessary, report any illegal or unacceptable content to satisfy any applicable law or regulation to protect ourselves, our clients, users and visitors. Anything TYHN deem inappropriate will be removed immediate at our sole discretion, without liability or warning to you.
MEMBERSHIP SITE
You will require a username and password to use our membership site and you will receive this after the registration process. You are responsible for maintain the confidentiality of the password and the accounts, and you are responsible for all the activity that occur under your password and account. You agree to not share your username and password for any unauthorised use, and you will notify us immediate after if there was a breach in security. Please ensure that you exit from your account at the end of each session.
LIMITATION AND LIABILITY
Under no circumstances including, but not limited to, negligence, shall we or our subsidiaries or affiliates be liable for any direct, indirect, incidental, special or consequential damages, that result from the use of our websites, social media platforms, online platforms, programs, workshops, membership sites, third party materials and products and services in any way.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive or any illegal contact of any user. If you are dissatisfied with any of the websites, social media platforms, online platforms, programs, workshops, membership sites, products or services, or with any of the websites terms and conditions, your solution is to immediately discontinue using the websites and products and services of TYHN or third parties.
The TYHN website is continually developing and makes no warranty of any kind to its completeness, appropriateness, or accuracy, implied or expressed, for any purpose with regards to the content relating to health and wellness on this website.
This website offers health and wellness information and it is designed for educational purposes only. It is not a substitute and does not replace professional medical advice, diagnosis or treatment. Do not disregard, or delay obtaining medical care and/or advice from your health care provider due to something you read on this website.
The use of any information provided on the websites, social media platforms, online platforms, programs, workshops, membership sites, products or services is available solely at your own risk.
DEFINITION OF LIFETIME ACCESS
Lifetime access is defined as the lifetime of the product, if the product is discontinuing, we have no responsibility to continuing providing those services to the user. In the case of digital products, the user is free to download the products in perpetuity, and such products will be maintained on our website for download for a minimum of one year from date of purchase. The user agrees that these services are full delivered on a satisfactory basis.
CLASS ACTION WAVER
You may resolve disputes with us on an individual basis, and may not bring a claim as a plaintive, or a class member in a class, consolidated or representative action. Class arbitration, class actions, private attorney general actions, and consolidation with other arbitration is disallowed.
The arbitrator may not consolidate more than one person’s claim, and may not otherwise preside over any form of a class or representative proceeding or claims such as a class action, consolidated action or private attorney general action, unless all relevant parties specifically agree to do so following initiation of the arbitration.
INDEMNIFICATION
Upon request, by TYHN, you agree to defend indemnify and hold TYHN and its subsidiaries and other affiliated companies harmless, and their employees, contractors, director, officers for all liabilities, claims and expenses, including attorney’s fees, that arise from your misuse of this website or from your violation of the Terms and Conditions stated herein.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and TYHN with respect to this website, social media platforms, online platforms, programs, workshops, membership sites, products and services. This agreement supersedes all prior or contemporaneous communications between you and TYHN and or subsidiaries. If any part of these Terms and Conditions are held invalid or unenforceable, that portion shall be construed in a manner consisted with applicable law to reflect as early as possible the original intentions of the parties, and the remaining portions shall remain in full force and affect.
JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa.
Your herby giving consent to binding arbitration to South Africa to resolve any disputes arising under these Terms and Conditions.
USER OBLIGATION
You acknowledge and agree that your use of the internet and access to TYHN website, social media platforms, online platforms, programs, workshops and membership sites is solely at your own risk. You also understand that confidentiality of any communication or material transmitted to or from these sites over the internet or any other form of global communication network cannot be guaranteed. TYHN is not responsible for the security of any information transmitted to or from the above sites and platforms. TYHN also reserves the right to prohibit or terminate use of or access to the sites at any time, without notice, for any reason what so ever.
By submitting or posting any material to our website, social media platforms, online platforms, programs, workshops or membership sites or to any of our staff, via email, text or otherwise, you are representing:
1. That you are the owner of this material or that you are making you posting or submission with the express consent of the owner of the material.
2. That you are 15 years of age or older.
In addition when your submit email, text or deliver or post any material, you are granting us or anyone authorized by us, a royalty free perpetual, irrevocable, non-exclusive, and restricted, worldwide licence to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to utilize any proprietary rights in such posting or submission, including, but not limited to, rights under copy right, trademark, patents, laws, service mark under any relevant jurisdiction.
Also, in connection with the exercise of such right, you grant us and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, surname, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions that are originally created by you for us shall be deemed a “work made for hire”, as such the copy writes in those works shall belong to TYHN from their creation. Thus, TYHN shall be deemed the author and the exclusive owner thereof and shall have the right to utilize any or all the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages as TYHN determines.
You hereby without compensation irrevocably assign, convening and transfer all proprietary rights to TYHN. Including without limitation, all copyrights and trademarks throughout the universe, in perpetuity, in every medium, whether now know or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, with a now know or hereafter devised throughout the universe, in perpetuity. Any posted material which are reproduction of prior works by you, shall be co-owned by us.
You acknowledge that TYHN has the right but not the obligation to use and display any postings or contributions of any kind and the TYHN may elect to cease the use and display of any such material or any portion thereof, at any time for any reason whatsoever
REFUND POLICY
Each specific product, service, event and program will have its own refund policy. Your purchase may or may not provide a refund, depending on the offer.
For example, individual coaching or counselling sessions are not refundable.
DISCLAIMER
The information contained in this website is for information and educational purposes only. Remember to consult your physician or health care professional before starting any health program, especially if you have a history of high blood pressure, heart disease or any other chronic, mental or debilitating disease, illness or condition. Should you have any serious health problem/s, please contact your health care provider before starting any health or diet program.
