Website Terms and Conditions of Use
This document sets out the terms and conditions (“Terms and Conditions”) of www.OutBeyond.co.za (“OutBeyond”) governing the access and use of the information, products, services, sale of services and in general the use of and functions provided on www.OutBeyond.co.za (“Website”).
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”). By using the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The intuitive healing approach provided by OutBeyond is entirely voluntary and users decide which products or services they sign up for. Should you, or any person that accesses the Website, disagree with any of the Terms and Conditions, you must refrain from accessing the Website and/or using our services.
OutBeyond reserves the right, in its sole discretion, to amend and/or replace these Terms and Conditions from time to time. Such amendments shall supersede and replace any previous Terms and Conditions and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, you consent, by such access and/or use, to the Terms and Conditions, as amended and/or replaced by OutBeyond from time to time. If you are not satisfied with the amended Terms and Conditions, you should refrain from using the Website.
If there is anything in these Terms and Conditions that you do not understand, then please contact us as soon as possible via the contact page on the Website. Please note that communication with us may be monitored for security and quality assurance purposes.
2. CONTENT OF WEBSITE
The Website contains a number of services aimed at offering an intuitive healing approach to your overall wellbeing. OutBeyond reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
OutBeyond makes no representations or warranties of any nature as to the accuracy of its information on its website. The user agrees that such information is provided “as is” and that OutBeyond shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
OutBeyond makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
2.1 that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality;
2.2 whilst OutBeyond has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
2.3 whilst OutBeyond has taken reasonable measures to ensure that the content of the Website is accurate and complete, OutBeyond makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
3. USAGE RESTRICTIONS
The user hereby agrees that it shall not itself, nor through a third party:
3.1 copy, reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms and Conditions;
3.2 decompile, disassemble or reverse engineer any portion of the Website;
3.3 write and/or develop any derivative of the Website or any other software program based on the Website;
3.4 modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of OutBeyond;
3.5 remove any identification, trademark, copyright or other notices from the Website; and/or
3.6 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.
4. SECURITY
I order to ensure the security and reliable operation of the services to all users, OutBeyond hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
5. INTELLECTUAL PROPERTY RIGHTS
For the purpose of this clause, “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by OutBeyond, now or in the future, including without limitation, OutBeyond’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, processes and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, OutBeyond and as such are protected from infringement by local and international legislation and treaties.
By submitting reviews, comments and/or any other content (other than your personal information) to OutBeyond for posting on the Website, you automatically grant OutBeyond and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
Except with OutBeyond’s express written permission, no proprietary material from this Website may be copied or retransmitted.
Irrespective of the existence of copyright, the user acknowledges that OutBeyond is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
6. RISK, LIMITATION OF LIABILITY AND INDEMNITY
The user’s use of this website and the information contained on the website is entirely voluntary and at the user’s own risk. The user assumes full responsibility and risk of loss resulting from the use thereof.
The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall OutBeyond be liable for any loss, harm, or damage suffered by the user as a result thereof.
You hereby unconditionally and irrevocably indemnify OutBeyond and agree to hold OutBeyond free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by OutBeyond or instituted against OutBeyond as a direct or indirect result of:
6.1 your use of the website and/or any linked third party website;
6.2 software, programs, courses and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of OutBeyond;
6.3 your failure to comply with any of the terms or any other requirements which OutBeyond may impose from time to time; or
6.4 any unavailability of, or interruption in, the service which is beyond the control of OutBeyond.
OutBeyond makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against OutBeyond for any LOSS suffered by you, as a result of information supplied by OutBeyond being incorrect, incomplete or inaccurate.
7. PRIVACY AND DATA PROTECTION
OutBeyond’s Privacy Policy and Data Protection obligations are set out under our Privacy Policy here.
8. GENERAL CLAUSES
These Terms and Conditions shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian.
This Website is controlled, operated and administered by OutBeyond from its offices within the Republic of South Africa. OutBeyond makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and Conditions and the remaining provisions shall be enforced to the full extent of the law.
OutBeyond’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
These Terms and Conditions set forth the entire understanding and agreement between OutBeyond and you with respect to the subject matter hereof and no other warranty or undertaking is valid unless contained in these terms and conditions.