Terms and Conditions

I. Interpretations and definitions:

a. “we”, “us”, “our” and “Liviya” means Liviya Lifestyle (Pty) Ltd as the owner of Liviya Nutrition and Fitness and Liviya Lifestyle Clothing, including all its affiliates, subsidiaries and any developers that Liviya may employ from time to time.

b. “Site” means collectively Liviya’s website/s, Liviya’s social media platforms and the Liviya Apps.

c. “Liviya Apps” means any online software application that is provided by Liviya or is connected with Liviya, that you download and/or install from an online application store or site and access via a mobile device, including any smartphone and/or tablet device.

d. “social media platforms” means any Liviya social media platforms including but not limited to Facebook, Instagram, Twitter & LinkedIn.
e. “website” means the internet sites with the addresses www.liviya.co.za and www.liviya.co.za

f. “you” and “your” refers to the user of Liviya’s websites and/or apps.

g.“Other brands” and/or “other organisations” means brands or organisations other than Liviya Lifestyle (Pty) Ltd.

h. “Personal information” means the information relating to your age, gender, ethnicity, nationality, marital status, well-being, physical health, mental health, medical history, pregnancy, disability, photos, telephone number, cell number, e-mail address, postal and physical address.

II. Allowed use of the Liviya Site

a. We refer to your access to the Liviya site as set out by the website terms and conditions, privacy policy and guidelines for members.
b. You will only be allowed to display the Members Area information and resources on 2 electronic devices (E.g. 1x Smartphone + 1x Laptop). You will not be allowed to print, copy, save or distribute any information from the Members Area to any other 3rd party as it is the proprietary information of Liviya Lifestyle (Pty) Ltd.

III. Your User Account

a. It is your responsibility to keep your login details confidential. Do not share your user name and password with anyone. It is also your responsibility to not allow anyone access to your account.

b. You are allowed one account per user and we reserve the right to bill you for each additional user or delete your account if you do not abide by this rule. Once you’ve logged onto the site once, certain information, functionality and other features of the site will be accessible the next time you access the site without having to re-enter your password. If you prefer to enter your password every time you access the site, you can request our site administrators to assist you in setting this up.

c. If you pretend to be another person or log in with another user’s details, you will be in breach of the website terms and conditions, privacy policy and guidelines for members. You will also be in breach should you share
any content that is intended to harm another person, yourself or Liviya. We reserve the right to refuse to provide you with our services or products should this be the case.

d. Liviya may refuse to provide you with our services or products if we fail to be able to verify the information you provide to us.

IV. Changes made to this User Agreement

Liviya reserves the right to make changes to the website terms and conditions, privacy policy and guidelines for members from time to time, without any notice. We may also make changes to the site and our services at any time without prior notice.

V. Third-Party agreements, Hyperlinks and Apps

a. Liviya may provide hyperlinks to other websites or apps for your convenience. This does not mean that we support or endorse the content of the sites. We are not responsible for any information or material from such sites or changes or updates on these sites.

b. You may be required to accept the terms and conditions of a third party supplier when you install the Liviya App. By accepting this, you agree that this applies to the use of the Liviya app and that you are bound by a separate legal relationship with the third party.

c. Liviya may make use of the services of third parties to assist us with the hosting and management of the site. We will try our best to ensure that these third parties comply with our standards and rules.

VI. Non-disclosure and Copyright

a. The logos, graphics, icons, buttons, images, text, audio clips, video clips, digital downloads, steps, plans, recipes, exercises, advice, software and all content made available on the site belongs to Liviya which is protected by South African and international copyright laws.

b. The site or any part thereof may not be copied or transmitted via any means. Any unauthorised use of any content of the site is strictly prohibited.

c. You agree that if you are in breach of this document in terms of section VI above, Liviya will have the right to claim against you for any damages caused to the business, directly and indirectly – including legal costs.

VII. Current personal and financial information

a. You agree to provide us with the most up to date and accurate personal and financial information. You also agree to update the information and fully disclose all facts.

b. If we discover that the information provided is not current, true and correct, Liviya has the right to terminate this agreement and any other transactions related to this agreement.

VIII. Correspondence from Liviya

a. By signing up as a member, you agree to receive electronic communication from Liviya.

b. We will keep your information confidential and will take all reasonable precautions to store your information safely. We cannot, however, guarantee the security of any information you send to us online and you agree that you do so at your own risk.

IX. Limitation of Liability and Disclaimer

Liviya is committed to providing you with the best possible products and service, however, we will not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

a. Access to the Liviya site) or other web sites linked to the Liviya site;

b. Not being able to access the Liviya site or other web sites linked to the Liviya site;

c. Services, content and downloads available on the Liviya site;

d. The Liviya web site is supplied on an “as is” basis. Liviya does not guarantee the operation and content of the site, you agree to use the site at your own risk. We do not guarantee that the site, it’s information, or any electronic communication to be free from viruses or other harmful components.

e. Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Liviya site.

f. You the user, acknowledge that the Liviya site may not be available at times beyond our reasonable control. This may be due to updates or other reasons such as virus infection, unauthorised access, power failure etc.

X. Utilization of our Wellness Steps and Plans:

a. Refer to our Membership Agreement to see our membership rules. These will apply at all times.

b. As a member of Liviya Nutrition and Fitness, you understand that we are not a licensed medical provider. As such, we cannot determine the effects of our exercises, recipes, eating plans, wellness or lifestyle advice on a medical condition. The information we provide to you is not intended to replace professional medical advice, diagnosis, or treatment. You hereby understand that when you participate in any steps, plans, and any exercise or exercise programmes, there is the possibility of physical injury and/or death.

c. We advise that you consult with your medical practitioner for a medical check-up before you decide to participate in any new exercise programme – this includes our fitness plans.

d. You agree that Liviya is not providing medical advice via the steps, plans, programmes, products, services and any other material on our site or via any other form of communication. Any content provided by us or by a 3rd party should not be used in place of the advice of your medical practitioner. You should never use any content on the Liviya site to diagnose or treat a health problem. Information received from Liviya via any form of communication is not representative of a therapist-client relationship.

e. Liviya will not be held liable for any damages, actions, losses, injuries or claims due to any physical activity or advice associated with our steps, plans or site. You agree to release us from any liability to you or a 3rd party for direct or indirect damages arising out of any association with Liviya.

f. You agree that Liviya is not responsible for any injuries, damages or death that occurs during an activity or event which involves Liviya.

XI. The following will apply to the usage of the Liviya App:

a. Member access to the Liviya App will only be granted once a user has
• Registered online
• Accepted Liviya’s Disclaimer
• Accepted Liviya’s Privacy Policy
• Accepted Liviya’s Terms & Conditions
• Accepted Liviya’s 12-month membership agreement
• Paid for the first month’s membership via our online payment gateway

b. After successful registration and payment, a member will receive a confirmation e-mail to confirm the 12-month membership and the Liviya Membership Welcome Letter that will explain how to download, register and login to the Liviya App. The initial activation process may take up to 24 hours.

c. The Liviya App is an independent technology and tool that we use to help our members eat healthily, exercise daily and keep track of their progress. The App may be offline at certain times to allow for updates and changes. We will do our best to perform all updates and changes after hours so that members will experience minimal disruptions. Liviya will also not be responsible for any direct or indirect loss, damages or complaints that may arise from the App being offline for any reason whatsoever.

d. Liviya reserves the right to disconnect a member from the app:
• If a member fails to pay Liviya for their monthly membership fee by the 5th of each month.
• If a member is no longer an employee of a company that is participating in our Workplace Wellness Programme.
• for any reason listed under section III

XII. Indemnification

a. We promise to try our best to ensure that our site is up to date and accurate, however, we cannot guarantee that the steps, plans, products or online services are suitable or appropriate. You agree to fully indemnify Liviya, its directors, and employees and will not hold us responsible for any claim relating to your use of the site.

b. Information on our site may change from time to time. Liviya will notify you of any important changes within a reasonable time frame.
c. You understand that calculations relating to your health and otherwise made on the site are to be used as guidelines only. Liviya is not responsible for any mistakes made in calculations.

d. You agree to indemnify Liviya, its directors and employees, from any errors made by third parties on the site. You agree not to hold Liviya liable for any loss or damages, whether direct or indirect that may arise from any disclosure to or by any third parties. You also agree not to hold Liviya liable for any information received from 3rd parties – these may include but are not limited to other health practitioners and/or Sports Scientists.

XIII. Spoofing and phishing

a. Spoofing is an identity theft and phishing is where a person steals the sensitive information of user like bank account details.

b. Liviya will never ask you to provide personal information such as your credit card number or log in details via an e-mail. We recommend that you DO NOT respond to such emails and DO NOT to click on any links pertaining to your personal information sent via an email. Liviya cannot be held responsible for the consequences of your response to an email sent by a spoofer or phisher.