I. TERMS & CONDITIONS
1.1. In this user agreement, the terms below have the following meanings:
1.1.1. “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.
1.1.2. “Site” means collectively Liviya’s website/s, Liviya’s social media platforms and the Liviya Apps.
1.1.3. “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.
1.1.4 “social media platforms” means any Liviya social media platforms including but not limited to Facebook, Instagram, Twitter & LinkedIn.
1.1.5 “website” means the internet sites with the address www.liviya.co.za or any site with a URL that is validly registered to Liviya.
1.1.6 “you” and “your” means the user of the site and/or your legal guardian (if the user is under the age of 18 years old)
1.1.7 “Other brands” and/or “other organisations” means brands or organisations other than Liviya Lifestyle (Pty) Ltd.
1.1.7 “personal information” means information relating to you or any other living person or existing legal entity, including but not limited to –
- information relating to age, gender, race, ethnicity, nationality, marital status, well-being, physical health, mental health, medical history, pregnancy, disability, photos, telephone number, cell number, e-mail address, physical address;
- the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
- correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
provided that such information is not in the public domain in the same or a different format or held by a public body and publicly accessible.
2. Conditions of access
2.1. Your access to and use of the site is always subject to the terms and conditions and community guidelines set out in this user agreement.
2.2. To prevent any confusion, you agree that the terms and conditions apply to your use of the:
2.2.3. Third-party sites or mobile applications available through our site and/or licensed to us.
Regardless of the platform, gateway, portal or method of access, you use to install, download or access the site, your cell phone provider may, depending on the type of cell phone contract you have, bill you for accessing the site or for any usage of the site ( e.g. SMS charges, data charges etc. ). Liviya cannot be held responsible for these charges incurred.
3. Changes made to this User Agreement
3.1. We may change the terms and conditions of this user agreement from time to time. We strongly recommend that you familiarise yourself with this user agreement regularly.
3.2. The current version of this user agreement will apply each time that you access and use the site.
4. Acceptance of this User Agreement & Third-Party EULA’s
4.1. By using the site, you expressly agree to all the terms and conditions of this User Agreement. If you do not agree to all of the terms and conditions, please do not continue to use the site.
4.2. When you download and/or install the Liviya Apps, you may be required to accept the terms and conditions or the end-user licence agreement (“EULA”) of a third party supplier or vendor. While this EULA is independent of these terms and conditions and establishes a separate legal relationship which you are bound by, you agree that the EULA is part of this user agreement and will apply to your use of any Liviya Apps.
4.3. You agree that this user agreement will apply to any information that is accessed via the site, and to all sections of the site.
5. Your User Account
5.1. If you decide to use the site, you are responsible for keeping your User Account details (including, your user name and password) confidential and not allow other people to use it. You also accept full responsibility for all activities that occur under your User Account, access details or password and also accept full responsibility for sharing your user name and password. Remember that you are only permitted to use one User Account. If you use more than one User Account we could delete all access and/or bill you for each additional User Account registered on the site.
5.2. 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.
5.3. Liviya may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.
5.4. You agree that the following activities shall be material breaches of these terms and conditions:
5.4.1. signing in as, or pretending to be, another person;
5.4.2. transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others.
5.4.3. using interactive services in a way that is intended to harm, or could result in harm to you or other users of the; site or
5.4.4. gathering information about others without obtaining their prior written consent.
5.5. You also agree that any use of your access details shall be regarded as if you were the person using such information.
5.6 The user name you choose is permanent and can only be amended at Liviya’s discretion.
5.7 Liviya may control certain requirements that you will need to meet when selecting a user name and/or password. These requirements may be changed from time to time and you may be requested to update your credentials.
6. Relevant facts as well as personal and financial information
6.1. Liviya might need certain personal and financial information from you. It is in your best interest to keep this information current and accurate.
6.2. You give your assurance that all information provided by you at any time to Liviya on or via the site will be current, accurate, true and correct. You also undertake to update the information as and when required.
6.3. You also give your assurance that you have fully disclosed all facts, and agree that this user agreement or any transactions related to this user agreement will be void if you do not meet this requirement.
7. Electronic records and communication
7.1. When you visit the site and/or send e-mails, WhatsApp or any other electronic communication to Liviya, you accept that we can communicate with you electronically. All the information that you send to us may be stored electronically and/or with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the information unless you can prove otherwise.
7.2. Any electronic communication (for example, an e-mail, SMS, WhatsApp) sent to you will be regarded to have been received by you upon being sent by Liviya. This includes, but is not limited to mobile push notifications.
7.3. If you are a registered user or member of the site, you will receive communications from us via e-mail. If you do not want to receive e-mails from Liviya, you may change the way you receive your communication by sending an e-mail to [email protected] or by sending a WhatsApp to 065 312 0564 or phoning our office to assist you.
7.4. Liviya takes all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. We cannot however guarantee the security or integrity of any information you communicate to us online and you agree that you do this entirely at your own risk.
7.5. You agree that all notices, disclosures, agreements and any other communications that we deliver to you electronically meet any legal requirement that the communications be in writing.
8.1. All content made available on the site including logos, graphics, icons, buttons, images, text, audio clips, video clips, digital downloads and software) belongs to Liviya, unless we expressly state that it does not belong to us, all this is also protected by South African and international law. In addition, the compilation of all content on the site is the exclusive property of Liviya and is protected by South African and international copyright laws.
8.2. Except if permitted under this or another agreement with Liviya no portion of the site may be copied or transmitted via any means available now or in the future.
8.3. Any unauthorised use, alteration or dissemination of the information or content on the site is strictly prohibited.
8.4. Nothing on the site should be regarded as granting any licence or right to use any trademark without Liviya’s prior written permission and/or that of any third party.
8.5. Liviya tries our utmost to ensure that the most sophisticated technology protects the information on our site. However, Liviya cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the site. If you suspect any breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.
8.6 You agree that if you breach the terms of section 8, Liviya will have the right to claim damages against you, which will include the right to claim special, consequential, incidental or indirect damages. Liviya will also be allowed to claim for loss of business, loss of business profits and will also be allowed to recover all legal costs on a scale as between attorney and own client.
9.1 The site and all information, content, materials and tools are provided by Liviya on an “as is” and “and available” basis, unless we inform you otherwise, in writing.
9.2 Liviya does not guarantee that any information, content, materials and tools included on the site; on our servers; or that any of the electronic communications sent by us are free from viruses, spyware, malware or any other harmful software or components. Liviya will not be liable for any damages of any kind arising from your use of the site or from any information, content, materials and tools included on or otherwise made available to you through the site, including for direct, incidental, punitive and/or consequential damages.
9.3 Liviya does not guarantee the operation of the site or the information, content, materials or tools on the site. You agree that you use the site entirely at your own risk.
9.4 Liviya are devoted to providing you with the best possible information, content, materials, tools, products and service. We are however not responsible for the following:
9.4.1. any incomplete, inaccurate, or inadequate information obtained from the site.
9.4.2. any failed, interrupted or delayed transmission, delivery of information or storage due to equipment, computer hardware or software malfunction, power failure, load-shedding, fire, labour unrest, natural disasters or any other cause beyond the reasonable control of Liviya.
9.5. Liviya will also not be responsible for any direct or indirect loss, damages or complaints that may arise from:
9.5.1. any of the events described in this paragraph or the paragraphs above 9.5.2. your actions or omissions that result in a breach of this user agreement;
9.5.2. any links to other sites, brands or organisations from the site. You also agree that we cannot control the content of or the products or services offered on those sites; or
9.5.3 our direct or indirect endorsement and/or mentioning of a particular third party site, brand, organisation or individual and Liviya in no way guarantees the experience, performance, availability or suitability of products, services, plans and/or any other offers provided by any third party to our users and or members.
9.5.4 your reliance on any of the information, communication, materials or tools that you acquire from the site.
9.5.5 a denial of access to the site should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the site or put Liviya in disrepute.
9.6. The clinical information that may be provided on the site, it is based on best practice and current guidelines and recommendations. This clinical information that we may provide can change from time to time. The information, content, materials or tools provided on the site should by no means replace the advice of a registered healthcare professional. You are hereby advised that you should by no means discontinue any treatment you may be receiving based on information reflected on this site without first consulting your healthcare professional. We strongly urge you to seek professional advice from a healthcare professional immediately should any symptoms you may be experiencing continue.
10. The following will apply to the usage of our Wellness Steps and Plans:
10.1 Liviya’s main rules will apply at all times.
10.2 Liviya is not a licensed medical provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. Liviya’s steps, plans and programmes are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You have to 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.
10.2. We advise that you consult with your healthcare professional or physician before you undertake to follow any wellness steps, plans, exercise programmes or health and fitness recommendations you receive via Liviya’s site and/or individual consultations with a nutritionist.
10.3. You expressly agree that Liviya is not providing medical advice via the steps, plans, programmes, products and services. All the content provided through Liviya, including all illustrations, graphics communication, text, images, audio, video and audio-video clips, and other materials, whether provided by us or by other third parties or other users, is not intended to be and should not be used in place of the advice of your physician or medical professional, consultation with your physician or medical professional, or information contained on or in any product packaging or label. Should you have any health-related questions, please call or make an appointment to see your physician or healthcare professional as soon as possible. If you should have an emergency, call your physician or medical professional immediately. Never disregard medical advice or delay in seeking medical advice from your physician or medical professional because of any content obtainable on Liviya’s site, and you should not use the Liviya site or any content on the Liviya site for diagnosing or treating any health problem. Broadcasting and receiving of any content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship.
10.5. You expressly agree that your nutritional and athletic activities, which generate the user content you post or seek to post on the Liviya site (including but not limited to running, walking, cycling, hiking, triathlon) carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of us or by the action, inaction or negligence of others. You also expressly agree that we do not assume responsibility for the supervision, preparation, inspection or conduct of any race, contest, group athletic activity or event that involves Liviya.
10.6. You expressly agree to release us (the “released parties”) from any and all liability connected with your nutritional, athletic activities and agree not to sue the released parties for any claims, actions, injuries, damages, or losses associated with your nutritional and athletic activities. You also agree that in no event shall the released parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use or misuse of Liviya’s content, your use or misuse of steps, plans, equipment or programs created or licensed by us while engaged in activities, your dealings with third-party service providers or advertisers available through Liviya, any delay or inability to use Liviya steps, plans, programmes or benefits experienced by you, any information, software, products, services or content obtained through, whether based on contract, tort, strict liability or otherwise, even if we have been advised of the possibility of damages. Since some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
11. The following will apply to the usage of the Liviya site and your access to personal information about third parties:
11.1. You agree that through the use of the Liviya site, you will gain access to personal information about third parties such as clients, employees, other product and service providers, users etc.
11.2 You confirm that you will maintain the confidentiality of all personal information obtained from the site in line with the applicable legislation.
12. The following will apply to the usage of the Liviya App:
12.1 Member access to the Liviya App will only be granted once a user has
12.1.1 Registered online
12.1.2 Accepted Liviya’s 12-month membership agreement
12.1.3 Paid for the first month’s membership via our online payment gateway
12.2 After successful registration and payment a member will receive a confirmation e-mail to confirms the 12-month membership that will allow them to register and login to the Liviya App.
12.3 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.
12.4 Liviya reserves the right to disconnect a member from the app:
12.4.1 If a member fails to pay Liviya for their monthly membership fee by the 5th of each month.
12.2.2 If a member is no longer an employee of a company that is participating in our Workplace Wellness Program.
12.2.3 for any reason listed under 5.4
13.1. While Liviya makes every effort to ensure that the content and information on the site is accurate, complete and up to date, we make no guarantee about the suitability of the steps, plans, programmes, online consultations, products and services on the site or whether they are complete, accurate or appropriate.
13.2 You agree to fully indemnify Liviya, its directors and employees, from any errors or inaccuracies or incomplete information made available by third parties (including but not limited to healthcare professionals, advisors and/or experts) on the site and agree that, we will not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise from any disclosure to or by any third parties.
13.3 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.
13.4. You agree that all information, steps, plans, programmes, products and services or any terms or conditions relating to them, on the site may change. Liviya will notify you of the important changes within a reasonable time.
13.5. You agree that any calculations made on the site, including any relating to your health, are estimations and are meant as guidelines only.
13.6. Liviya is not responsible for any mistakes in the performance of any calculators or interactive tools used in the calculations.
13.7. All steps, plans, programmes, products and services provided on the site are subject to confirmation, and any terms or conditions relating to them, at the time of finalising any transactions.
13.8. You agree that some of the content, tools, information, materials, products & services on the site come from external sources. This may include independent practitioners in the health and wellness industry. You agree that Liviya is not responsible, and will not be held liable, for any information or content, received from these external sources.
14. Phishing and spoofing
14.1. If you receive an unsolicited e-mail that appears to be from Liviya and that requests you to provide personal information (such as your credit card number, user name, or password), or that asks you to verify or confirm your Liviya information by clicking on a link, it is most likely that the e-mail was sent by a “phisher” or “spoofer.”
14.2. Liviya will never ask for this type of information in an e-mail, and we strongly recommend that you do not respond to these e-mails and that you do not click on the link. Responding to “phishing” places you and your personal information at risk. Liviya cannot be held responsible for any consequences resulting from your reply to any email sent by a “phisher” or a “spoofer”.
15. Linking to third party sites
15.1. The Liviya site may contain links or images to other third party sites with content, information, products, services or material produced by other parties. These third-party sites that are linked to the Liviya site are not under the control of Liviya and we are not responsible for the content, information, products, services or any other material on any linked site, including, any link contained on a linked site, or any changes or updates made to a linked site.
15.2. Liviya is providing these links to you only for your convenience, and you agree that the inclusion of links does not imply an endorsement by Liviya of the linked site, their business or security practices, or any association with the operators.
15.3. From time to time Liviya may employ the services of third parties to assist with the hosting and management of certain services and aspects of the site. We apply every effort to ensure that our sub-contractors comply with our Privacy Policies and widely accepted security standards and they will be accountable for any non-compliance.
15.4. If you have any questions arising from transactions you conclude with such third parties, you will be required to contact them directly.
16. Applicable law
16.1. When you decide to access and use the Liviya site, you also agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.
17. General Provisions
17.1. The headings of the clauses in this user agreement is provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify this user agreement.
17.2. If any provision of this user agreement is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of this user agreement.
17.3. No failure or delay by Liviya to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this user agreement.
1.2. Liviya respects your personal information and privacy and for this reason, we take care to protect your personal information and to keep it strictly confidential.
1.3. When we are dealing with your personal information we apply the following guidelines:
1.3.1. Liviya will only disclose, collate and process (“use”) your personal information with your express written permission unless we are legally required to do so.;
1.3.2. Liviya will not use your personal information for any other purpose, other than that which we disclosed to you, unless you give Liviya your express written permission to do so, or unless Liviya is permitted or required to do so by law
1.4. By using the Liviya site, registering or applying online for any Liviya steps, plans, programmes, products and/or services, or contacting Liviya electronically, you confirm that we may share your information within the Liviya divisions for administration and fraud prevention purposes or where required to provide division-wide services, benefits and infrastructure to assist you.
2. Personal Information
2.1. Personal information refers to any information that identifies or relates specifically to you, for example, your name, surname, identity number, age or any information you use to register on the Liviya site. Information about your health and wellness interests, your lifestyle, your eating habits, your nutrition, your exercise programs and all related information will be regarded as personal information.
3. Collection of Personal Information
3.1. Whenever you use the Liviya site, contact Liviya electronically, complete registration forms, sign up or use any one of our steps, plans, programmes, products and/or services, tools or utilities on the site, Livia will collect some of your personal information.
4. Collection and Use of Personal Information
4.1. To make your use of the Liviya website, tools, utilities, steps, plans, programmes, products and/or services offered on the site as useful and effective as possible, Liviya must find out exactly what you need and want. The following are some of the disclosed reasons why Liviya would collect your personal information:
4.1.1 for Liviya to process your instructions or requests; or
4.1.2 for Liviya to ensure that we meet your needs and wants, Liviay may collect and analyse your personal information. We may combine all the information that we collect about you for research, development and statistical purposes. We may also use your personal information to personalise and change our products and services to meet your specific needs; or
4.1.2 once Liviya has collected and analysed your personal information, Liviya may send you promotional material which we think may be of interest to you.
4.1.3 to conduct market research;
4.1.4 to conduct academic research which may be used to evaluate and improve Liviya’s product offerings. You are advised that information may be shared with third parties such as academics and researchers. All such information collected will be kept strictly confidential and all data will be depersonalized to the extent possible and where appropriate. No personal information will be made available to a third party unless such third party has agreed to abide by strict confidentiality protocols. If we publish the results of this research, you will not be identified by name.
4.2. Your privacy is important to us and we will therefore not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent. If at any stage after you have given Liviya your consent and you no longer wish Liviya to use or share your personal information, you may withdraw your consent.
4.3. You accept that we may store your personal information outside of the region or country that you may submit or use it in.
5. Protection of your Personal Information
5.1. Liviya values the information that you choose to provide and will take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. The information Liviya has concerning Liviya clients is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
5.2. When you use the products, services, facilities, tools or utilities provided by Liviya on the site, you may be given an access number, user name, password and/or personal identification number (PIN). You must always keep your user name, access card, password and/or PIN a secret and ensure that you do not disclose it to anyone.
6. Correction of Personal Information
6.1. If you ever want to update or correct any of your personal information held by Liviya, you can e-mail us at [email protected] or you can phone or WhatsApp us on 065 312 0564.
7. Personal Information held by or disclosed by you or Liviya to a third party
7.2. Liviya may enter into arrangements with its partners or other third party suppliers which will require us to disclose your personal information to these third parties to transfer data to us from a device(s) that measures bodily functions or fluids. You hereby consent to Liviya disclosing your personal information to these third parties for this purpose and you also consent to receive data about yourself from these third parties. If at any time after you have given Liviya your consent you no longer wish to disclose your personal information to these third parties, you may at any time withdraw your consent.
8. Cookies and Online advertising
8.2. Liviya engages third parties that help us deliver banner advertisements and other online communications. The third parties may collect and use information about Liviya customers to help us understand the offers, promotions, and types of advertising that are most appealing to our customers. The personal information they collect is aggregated and cannot be linked to a person.
8.3. Third-party vendors, including Google and DoubleClick, may show Liviya ads on Sites on the internet.
III. COMMUNITY GUIDELINES
These community guidelines complementary to, and should be read and understood together with, the general terms and conditions of use set out in Section A above.
1. Liviya Nutrition and Fitness is an online extension of Liviya, and allows you, at any time, at any place, to join the journey of wellbeing, find the credible advice you need, and have access to valuable tools and utilities to realise your health goals. The Site has a community aspect, aimed at helping people be inspired by the actions of key influencers, experts, friends and people that share similar health and wellness interests and aspirations, for the ultimate goal of helping you to positively change your behaviour.
2. You are required to be 18 years of age to register on this site.
3. As part of this community aspect, you may post your personal opinions, messages and ideas to the site and to the discussion forums available on the site.
4. However, you undertake not to post content to the site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful, or which Liviya regards as inappropriate, and you accept that Liviya may remove this content from the site.
5. You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content from the site to Liviya, and Liviya undertakes to correct and/or remove such content or any part thereof if it feels that it is appropriate to do so.
6. Liviya does not editorially control, filter or read your postings on the site on an ongoing basis, and you acknowledge and agree that Liviya shall not be responsible, in any way, for any user postings. You also agree to indemnify Liviya against any liability, claim, damage or loss of whatsoever nature that may result from your posting(s) to the site.
7. You accept that the community aspect is integral to the site and the Liviya concept, and agree to respect and abide by these community guidelines at all times when accessing or using the site, and to interact and engage with fellow users with equal respect and dignity.
8. Please note that as a user of any of our community sites, you determine who will have access to your personal information when you invite them to view your profile. Liviya cannot be responsible for any consequences that may result from access that you may have provided to any individual.