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Please read these Website Terms and Conditions carefully before using this Website to purchase or view any 'Services, Programs, Packages, Products, Materials, Subscriptions, Support Sessions, Plug-In Programs' or/ and using its free content. 

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These Website Term and Conditions will hereafter be referred to as “WT&C’s”

 

ACCEPTANCE OF TERMS

This “Website” (http://www.myhealthsanctuary.com) and its Content are owned by myhealthsanctuary (hereafter referred to as “MHS”, “we”, “our”, “us”). 

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All of our Contents, Services, Programs, Packages, Products, Materials, Subscriptions, Support Sessions, Plug-In Programs and anything else that we offer for you to purchase or that we make available without cost through our Website, will hereafter be referred to in the following WT&C’s as our “Service/s”.

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Anyone who purchases any of our Services through information found on our Website will be referred to as the “Client” in the following WT&C’s.

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The person reading these WT&C’s viewing this Website may hereafter be referred to as “user”, “you” or “your”.

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Please read these WT&C’s carefully. We reserve the right to change these WT&C’s on the Website at any time without notice, and by using the Website and its Content you are agreeing to the WT&C’s as they appear, whether or not you have read them. If you do not agree with these WT&C’s, please do not use our Website or its Content.

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By using our Website, its Contents and our Services in any way or for any reason, you implicitly agree to these WT&C’s, our full Disclaimer (and Medical Disclaimer) and to view and accept the relevant Terms of Service for any paid MHS Service that you purchase.

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WEBSITE USE AND CONSENT

Whether you use this Website as a casual visitor/ user, or Client, you are agreeing to certain terms which are clearly outlined below.

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If you have purchased any of our Services through information on/ visiting our Website or otherwise entered into an agreement with us you will also be governed by the Terms and Conditions of that agreement or the Terms of Service for that specific Service, which shall prevail in the event of a conflict.

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We try to ensure that our Website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We of course try to limit the frequency and duration of any suspension or restriction.

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Although every effort is made to ensure the accuracy of published information on or through this Website and its Contents, the Website and its Contents may inadvertently contain technical inaccuracies or typographical errors. This information may be changed or updated without notice. We assume no responsibility for errors or omissions on this Website or in documents referenced by or linked to our Website.  We are not responsible for the views, opinions, or accuracy of facts referenced in this Website and its Contents, or in any of Services. Every effort has been made to present you with the most accurate, up-to-date information, but due to the nature of scientific research constantly evolving, we cannot be held responsible for the accuracy of the content (both on this Website and in our Services.)

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This Website and its Content is intended solely for users who are sixteen (16) years of age or older. Any registration by, use of or access to the Website and its Contents by anyone under age 16 is unauthorised, unlicensed and in violation of these WT&C’s Terms of Use. By accessing or using this Website, you represent and warrant that you are 16 years or older and that you agree to and to abide by all of our WT&C’s.

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INTELLECTUAL PROPERTY RIGHTS

The content, words, layout, design, data, databases, images, graphics, links, information, materials, documents and all other information and intellectual property accessible on or through this Website and its Content, as well all Services are protected by the South African intellectual property laws. Content is solely owned by us, unless otherwise indicated.

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OUR LIMITED LICENSE TO YOU

This Website and all the materials available on the Website are the property of us and/ or our affiliates, and are protected by copyright, trademark, and other intellectual property laws.

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If you purchase any of our Services through information on this Website, the TERMS OF SERVICE specifically relating to the respective Service shall apply.

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If you are a visitor to this Website and you are not making a purchase of our Services through this Website, for the avoidance of doubt, all content obtained from or on this Website is our property (excluding reference links and articles, not created by MHS that clearly shows the author/ content owner alongside it) and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

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When you access our Website and view its free content, or make a purchase through it of any of our Services, you agree that:

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• You will not copy, duplicate or steal our Website or any of its Content or Services. You understand that doing anything with our Website or its Content or Services that is contrary to these WT&C’s and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.

• You are permitted from time to time to download and/ or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.

• You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content or Services are yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content – it is still our property.

• You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing our work.

• We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/ commercial use or in any way that earns you money, unless we give you written permission that you may do so.

• Unless otherwise explicitly authorised in these WT&C’s or the Terms of Service relating to a specific MHS Service that you purchased through information on this Website, or unless you obtain advance written permission from us, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material purchased through any of our Services, or obtained on or through the Website, including through an individual, e-book, private Facebook (or any social media platform) or Website forum.

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As a casual visitor/ user or client, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort and expense, and that this Website and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorised use. We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorised by us. 

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The trademarks and logos displayed on our Website or its Content are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilising these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

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All rights not expressly granted in these WT&C’s or any express written license, are reserved by us.

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YOUR LICENSE TO US

By posting or submitting any material (including without limitation, comments, blog entries, photos and videos) to us via the Website, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and that you are 16 years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license 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 that include the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name/ username, as we deem appropriate.

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You also grant us, and anyone authorised by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name/ username. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.

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You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

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REQUEST FOR PERMISSION TO USE CONTENT

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact” form on this Website, or by sending an e-mail to info@mhs.com

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We very clearly state that you may not use any Content in any way that is contrary to these WT&C’s unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.

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LIMITATIONS ON LINKING AND FRAMING

You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website, or incorporate into another Website or other service any of our material, content or intellectual property.

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SECURITY

We take every precaution to protect our Clients’ information. When Clients submit sensitive information via the Website, all information is protected both online and offline. 

 

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.

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We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

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PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK

As our Client or casual visitor/ user to our Website, you agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/ or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.

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DISCLAIMER
Our Website and its Content are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant, Client or casual visitor, including you. 

 

MEDICAL DISCLAIMER 

This Website and its Content; including all of our Services are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website or Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counsellor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Content, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.  We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical or psychological advice whatsoever. 

 

By using our Website in any way or for any reason, you also implicitly agree to our full Disclaimer and Medical Disclaimer.

 

ERRORS AND OMISSIONS

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

 

LINKS TO OTHER WEBSITES

We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

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THIRD PARTY LINKS

You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement, or ownership with our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.

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If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not us. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, we do not endorse and we are not responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Websites by anyone other than our authorised representative while acting in his/ her official capacity.

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RELEASE OF CLAIMS

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

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You acknowledge and agree that no representation has been made by us or our affiliates and relied upon as to the future results that may be obtained from your access to our Website.

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YOUR CONDUCT

You must not use our Website in any way that causes or is likely to cause our Website, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content or to us.

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You agree to only purchase our Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address and method of payment.

 

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the information on this Website or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

You must use the Website for lawful purposes only.  You must not use the Website for any of the following:

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• For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity.

• To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not.

• To cause annoyance, inconvenience or needless anxiety.

• To impersonate any third party or otherwise mislead as to the origin of your content.

• To reproduce, duplicate, copy or resell any part of our Website or the content therein in contravention with these terms of use or any other agreement with us.

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DISPUTE RESOLUTION

Should any dispute, disagreement or claim (called hereafter ‘the dispute’) arise between either party (‘MHS and the user or Client’), we shall try to resolve the dispute by negotiation through email correspondence within 10 South African working days of the dispute being acknowledged and received from the party receiving the dispute.

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If the dispute has not been resolved by such negotiation within 10 South African working days, the dispute shall be submitted to mediation, which shall be administered by the Arbitration Foundation of South Africa (‘AFSA’) in terms of the AFSA Mediation Rules. Any party to this agreement may refer the dispute to mediation.

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If the parties are unable to resolve the dispute through mediation, the dispute, if arbitral by law, shall be finally resolved in accordance with the AFSA Commercial Rules.

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PRIVACY POLICY

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CONFIDENTIALITY AND PRIVACY

Confidential Information: To use our Services, we may seek personal data or information including your name, e-mail address, phone number, street address, date of birth, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Services (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and our full Privacy Policy which may be found on our Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.

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​Through this website, MHS will never ask you for any of your personal billing information/ bank account details.14

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WHAT WE DO WITH CONFIDENTIAL INFORMATION

We request and require various personal data and/ or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Services, (3) to periodically send promotions about our new Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customise the respective Services you purchase or use according to, (6) To conduct an evaluation of you to the best of our ability.

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STORAGE

All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.

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CONFIDENTIALITY AND DISCLOSURE

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) pursuant to these terms of these WT&C’s, Privacy Policy and our Disclaimers, (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

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VIEWING BY OTHERS

Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Services, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorised use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.

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CONSENT

By accessing, browsing and/ or using this website, you acknowledge that you have read, understood and agree to be bound by these WT&C’s.

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CUSTOMER SERVICE

If you have any questions, please contact us at info@myhealthsanctuary.com

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