Welcome to the Refocus Family
Please see below your copy of the Terms and Conditions and Privacy Policy to the Refocus Your Business Adventures.
REFOCUS COACH (PTY) LIMITED
TERMS AND CONDITIONS
This is an Agreement between Refocus Coach (Pty) Limited, duly represented by Bertus de Wet (hereinafter referred to as the “Coach”) and the Client, whose details appear on the checkout page of their Payfast By Network account, whereby the Coach agrees to provide various Services, as more specifically detailed hereunder, in order to maximise the personal and business potential of the Client.
- Definitions
1.1. In this Agreement, unless the context clearly indicates otherwise, the following words and expressions have the following meanings:
1.1.1. “Agreement” means this document incorporating these terms and conditions, together with any annexures hereto;
1.1.2. “Coach” means Refocus Coach (Pty) Limited, a private company duly incorporated and registered in accordance with the company laws of South Africa with registration number 2017/072325/07 and having a registered business address 6 Pieterse Place, Malanshof Ext1, Gauteng, 2194, herein represented by Bertus De Wet, he being duly authorised thereto;
1.1.3. “Confidential Information” means all information disclosed by either Party that may reasonably be regarded as confidential being information not in the public domain whether such information is oral or written, recorded or stored by electronic magnetic, electro-magnetic or other form or process, or otherwise in a machine readable form, translated from the original form, recompiled, made into a compilation, wholly or partially copied, modified, updated or otherwise altered, originated or obtained by, or coming into the possession, custody, control or knowledge of the other Party whether alone or jointly, including but without being limited to :- session(s) and session notes, telephone conversations and personal correspondence conducted in confidence, technical data, research and development information; and any other materials of whatsoever nature and whatsoever description and which the Party has an interest in being kept confidential;
1.1.4. “Client” means the person whose details, including his/her/their/its chosen domicilium citandi et executandi, as specified in their Payfast By Network account;
1.1.5. “Data Subject” means the person to whom Personal Information relates;
1.1.6. “Day(s)” means any weekday excluding Saturday, Sundays and South African public holidays and shall be reckoned exclusively of the first and inclusively of the last day unless the last day fails on a Saturday, Sunday, or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or a public holiday;
1.1.7. "Force Majeure Event" means an event or situation beyond the reasonable control of either Party and against which no precautions can reasonably be taken, to the extent that such event or situation prevents, inhibits and/or frustrates a Party's ability to perform its obligations in terms of this Agreement, including a natural disaster, an act of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil disorder, sabotage, riot, strikes, lock-outs or other labour disputes, pandemic, blockade, embargo, sanctions, epidemics, failure of electricity, water or fuel supply, act of any government or other authority, compliance with law, regulations or demands of any government or governmental agency, limitations imposed by exchange control or foreign investment or other similar regulations;
1.1.8. “Payfast By Network” means the online payment processing platform operated by Payfast (Pty) Limited as an intermediary enabling Clients to make payments online using various methods, including credit cards, debit cards, and other approved payment methods;
1.1.9. “Person” means a natural or juristic person;
1.1.10. “Personal Information” has the meaning ascribed to in the POPIA.
1.1.11. “POPIA” means the Protection of Personal Information Act 4 of 2013, as amended from time to time, together with any regulations issued from time to time in terms thereof;
1.1.12. “Processing” has the meaning ascribed to in the POPIA;
1.1.13. “Parties” means collectively the Client and the Coach and “Party” means either of them as the context determines;
1.1.14. “Services” means business coaching services and or life coaching to be rendered by the Coach for the Client in accordance with the programme selected by the Client;
1.1.15. “Up-Front Services” means the:- Discovery Adventure; Alignment Adventure; 91 Day Planning Adventure; Refocus Your Business online video course; Refocus Your Life online video course; and/or Fast Track Adventure, as more fully defined in clause 4.
- Commencement, Duration and Termination
2.1 This Agreement will commence on the date when the Client makes payment to the Coach via Payfast By Network (the “Commencement Date”) and will continue to be of force and effect until terminated by either Party.
2.2 This Agreement may be terminated by either Party, for whatever reason and, subject to clause 2.2.2 below, without penalty, and which termination shall not affect any claims arising under this Agreement prior to such termination, provided that where the Client cancels the Agreement, he/she/them/it:-
2.2.1 provides the Coach with:-
2.2.1.1 2 (two) calendar months’ written notice for the Accelerator Adventure and High Performance Adventure programme;
2.2.1.2 1 (one) calendar month’s written notice for any other programme; and
2.2.2 shall, for the Accelerator Adventure and High Performance Adventure programme, become liable to make payment to the Coach for any Up-Front Services already rendered by the Coach to the Client, unless otherwise agreed to in writing by the Coach. The fee(s) for the respective Up-Front Services shall be as follows:
2.2.2.1 Discovery Adventure: R12 500 inclusive of VAT;
2.2.2.2 Alignment Adventure: R12 500 Inclusive of VAT;
2.2.2.3 91 Day Planning Adventure: R17 000 Inclusive of VAT;
2.2.2.4 Refocus Your Business online video course: R19 500 Inclusive VAT;
2.2.2.5 Refocus Your Life online video course: R9 500 Inclusive of VAT; and/or
2.2.2.6 Fast Track adventure Hour: R17 400 Inclusive of VAT.
2.3 In instances where the Client wishes to cancel this Agreement, he/she/them/it understands that he/she/them/it will be liable to pay any amounts owed during the notice periods set out in clause 2.2 above, whether he/she/them/it attends the sessions during the notice period or absconds.
2.4 The Coach shall be entitled to suspend or terminate the provision of any Services if the Client is in breach of any terms of this Agreement.
2.5 Without detracting from either Party’s rights in terms of this Agreement, should a Party commit a breach of this Agreement and fail to remedy such breach within 7 (seven) Days of written notice requiring such breach to be remedied, then the Party giving the notice shall be entitled, at its opinion, either to cancel the Agreement and claim damages, alternatively to claim specific performance of all the defaulting Party's obligations, together with damages, if any.
2.6 In the event that the Coach carries out any actions under the Client’s instruction, then notwithstanding any delay or other failure on the part of the Client to sign this Agreement for whatsoever reason, the Client shall be deemed to have read, understood, and accepted all the terms and conditions herein, which terms and conditions shall be fully binding on the Client.
- Coach-Client Relationship
3.1 The relationship between the Coach and the Client is co-creative, meaning that both are equals in the Coaching process.
3.2 The Coach will facilitate the development of personal, professional, and business goals through a connect session before Coaching commences. The connect session will be charged for at the below mentioned rates.
3.3 The Coach undertakes to educate the Client, provide the tools, techniques, and strategies during the programme in order for the Client to achieve the goals.
3.4 The Coach will continue to hold the Client accountable and provide the Client with guidance in order to achieve the goals.
3.5 The Coach guarantees that he will keep all information confidential within the group or between the Client and himself.
- Programmes Offered
4.1 The Refocus Your Business Adventure consists of 3 (three) packages to choose from with 3 (three) different payment options associated therewith. Please refer to our website www.refocuscoach.co.za.
4.1.1 Incubator Adventure – this is a foundational 12 (twelve) week online video training adventure for start-ups, solopreneurs and creatives for businesses with a turnover of 0 ZAR to 1 500 000 ZAR.
4.1.2 Accelerator Adventure – this is a 12 (twelve) month coaching adventure for start-ups and small to medium sized businesses with a turnover of between 1 500 000 ZAR to 10 000 000 ZAR.
4.1.3 High Performance Adventure – this is 12 (twelve) month coaching adventure for medium to large sized businesses with a turnover of between 5 000 000 ZAR and 100 000 000 ZAR.
4.2 The following additional packages are available in association with the Refocus Your Business Adventure. Please refer to our website www.refocuscoach.co.za.
4.2.1 Discovery Adventure – this is a 3 (three) hour coaching adventure to enable one to uncover limiting beliefs and reprogramming your subconscious mind for success. This is considered an Up-Front Service;
4.2.2 Alignment Adventure - this is a 3 (three) hour coaching adventure to enable one to align the Coach with your business. This is considered an Up-Front Service;
4.2.3 91 Day Planning Adventure – this is a 3 (three) hour coaching adventure with a focused one to one meeting to enable one to link 1 (one) and 5 (five) year goals for your business and your life. This is considered an Up-Front Service;
4.2.4 Quarterly Boardroom Session – this is 3 (three) 2 (two) hour coaching sessions where the Coach attends your company’s boardroom meetings.
4.2.5 Personalized Power Adventure – this is 1 (one) 90 min coaching session held online via Zoom MS Teams or face to face.
4.2.6 Fast Track Adventure this is an online group coaching session held on a Wednesday from 16h00 to 17h00 SAST. This is considered an Up-Front Service;
4.3 The Refocus Your Life Adventure consists of 2 (two) packages with 3 (three) different payment options. . Please refer to our website www.refocuscoach.co.za.
4.3.1 Online Video Course – this is a self study online video course. This is considered an Up-Front Service;
4.3.2 Online Video Course with Coach - this is a self study course with access to a Coach.
4.4 In each programme, the Coach will work with the Client to identify strengths and weaknesses and set goals and highlight priorities which the Client can utilise during the programme.
4.5 The Coach may, from time to time, adapt the programme at any given stage in order to provide strategies and significances which the Client may require.
4.6 The Coach will educate the Client and provide the Client with tools, techniques, and strategies to enable the Client to successfully implement them in his/her/them/its business.
4.7 The last session of each month will be a book review of a designated book provided by the Coach.
4.8 The 91Day planning session is included in the High Performance Adventure and the Coach will encourage the Client to achieve the goals as set out in the 91(ninety one) day planning session.
4.9 Each meeting will be scheduled at a time and place to be determined and agreed to by the Coach and the Client. The Coach will endeavour to ensure that meetings occur at the same time and place on a weekly / fortnightly basis, but this is not guaranteed.
4.10 The Client may elect to receive coaching face-to-face, via Skype, Zoom, Google Meet, Microsoft Teams, or a similar online medium, or telephonically.
- Responsibilities of the Coach
5.1 The Coach shall:-
5.1.1 be committed to fulfilling the scope of the Agreement in pursuance of the Client’s professional and organizational success;
5.1.2 use its best endeavours to fully prepare itself in advance for each session, in order to maximise, to the best of its reasonable ability, the outcomes during each session;
5.1.3 avail itself both during and between sessions as may be reasonably necessary, provided that the Coach shall not be under any obligation to respond to any email, telephonic or other correspondence received by the Client outside of working hours (09h00 to 16h00 on weekdays) until the next working day. Whilst the Coach is available during Coaching sessions to provide guidance and advice relating to any situations which may arise in the day to day running of the Client’s business, the Client is to ensure that crisis management remains his/her/ their/its responsibility;
5.1.4 share one success or challenge once per month on the “Refocus Adventure Tribe”;
5.1.5 attend at least one live conversation once a month in respect of the Refocus Adventure Tribe; and
5.1.6 conduct himself/itself at all times in a manner that is supportive, ethical, transparent, honest, constructive, respectful, and professional.
5.2 It is recorded that the Coach welcomes constructive feedback from the Client if the Client is of the sincere, bona fide belief that such feedback will bring more value to the Client’s experience under this Agreement. In pursuance hereof, a review process may be held upon agreement between the Parties, with the intention of assessing the Services and making improvements thereto.
- Responsibilities of the Client
6.1 The Client understands and accepts that:-
6.1.1 coaching creates a professional-client relationship between the Parties that is designed to facilitate the creation and development of personal, professional, or business goals and to develop and carry out a strategy for achieving those goals;
6.1.2 the effectiveness of the coaching sessions will depend on the potential, attitude, and receptiveness of the Client; and
6.1.3 coaching is a comprehensive process that may involve all areas of the Client’s life, including work, finances, health, relationships, education, and recreation, and that it is the Client’s sole responsibility to decide how to handle these issues, incorporate coaching into those areas, and implement his/her choices therein.
6.2 The Client shall:-
6.2.1 comply with all of its obligations under this Agreement;
6.2.2 attend all sessions timeously as scheduled with the Coach. Should the Client be running late to a session for any reason, he/she/them/it shall notify the Coach as soon as reasonably practicable, and the Coach shall endeavour to make a full session slot available, however the Coach does not make any guarantees in this regard, and the Client understands and agrees that should he/she/thet/it arrive more than 20 (twenty) minutes late for a session, this shall result in the session being forfeited, and the standard fee for the session shall apply;
6.2.3 conduct itself respectfully and honestly in all correspondence with the Coach;
6.2.4 be committed to, and shall endeavour to, achieve the goals;
6.2.5 be open and willing to receive advice and constructive feedback;
6.2.6 be present during sessions, and shall, to best of his/her ability, take reasonable measures to avoid external distractions of any nature (which may include, but shall not be limited to, cell phones and emails); and
6.2.7 be solely responsible for creating and implementing his/her own physical, mental, and emotional wellbeing, decisions, choices, actions, and results arising out of or resulting from the relationship with the Coach.
6.3 Whilst the Coach is the accountability partner, facilitator, and mentor, it is the Client’s responsibility to appropriately and correctly implement the tools, techniques and strategies provided to him / her in the Coaching sessions.
6.4 The Client undertakes to spend at least 30 (thirty) minutes per day working on the business using the strategies supplied to him/her/them/it in the Coaching sessions.
6.5 The Coaching provided by the Coach is not designed to be a “quick-fix” and the Client acknowledges that he/she/them/it understands that the programme is to create awareness and educate the Client.
- Rescheduling
7.1 One-to-one sessions can be rescheduled if a postponement is requested within 24 (twenty four) hours of the designated session and will be re-scheduled at the availability of the Coach. The Client is encouraged to reschedule missed sessions using the online portal at https://www.refocus.coach.
7.2 Group Coaching sessions can only be rescheduled if all attendees agree to such rescheduling, and it takes place within 48 (forty eight) hours of the designated session. In the event that the Client of the Group session is unable to attend, his / her / their / it’s session cannot be made up during another time slot.
7.3 Should the Client fail to adhere to the time periods set out in clause 7.1 and 7.2 above:-
7.3.1 the Coach shall be under no obligation to reschedule such session, and such session shall be deemed cancelled; and
7.3.2 the Client shall not be entitled to a refund for the cancelled session. The Client agrees and understands that booked sessions which are cancelled by the Client in contravention of the time periods set out in clauses 7.1 and 7.2 shall attract the full fee for the session. For sessions conducted on a Monday, Friday is deemed to be the preceding day. The Coach may waive these fees at his/its discretion.
7.4 Should the Coach wish to reschedule or cancel a session for any reason, the Coach shall endeavour to notify the Client as soon as reasonably possible in the circumstances, which notice shall be by way of electronic mail or a telephone call directly to the Client. The Coach shall reschedule the session in consultation with the Client, upon the same terms as was previously arranged for the cancelled session and such further terms as may be agreed between the Parties.
- Booking and Fees
8.1 All session bookings must be made via the Coach’s website at https://www.refocus.coach and be paid for using a Payfast By Network account. By using the Payfast By Network platform, the Client acknowledges, understands and consents that the Coach shall be authorised to debit the Client’s account at the agreed upon time(s), and that this authorisation includes authorisation for any recurring payments that may be applicable in terms of clause 8.3 hereunder. You shall be entitled to withdraw this consent at any time by providing written notice to the Coach, subject to the relevant termination processes and time periods prescribed under clause 2 above.
8.2 The cost of the various packages are detailed at https://www.refocus.coach.
8.3 There are 3 (three) payment options available to clients, depending on the relevant programme, namely:-
8.3.1 a once-off upfront payment (not available for the Incubator Adventure programme);
8.3.2 3 (three) equal monthly payments payable in the first 3 (three) months from the Commencement Date (not available for the Incubator Adventure programme); or
8.3.3 on a monthly basis.
8.4 In order to determine the turnover of the Client, the Client undertakes to provide the Coach with a full set of financial records, in the format as agreed to between the Parties, on a monthly basis by no later than the 7th day of the month.
8.5 Fees are subject to increase by 10% (ten percent) per annum. All fees are subject to review and may increase from time to time. The Client will always receive confirmation of the fees prior to booking and the latest fees will appear at https://www.refocus.coach.
8.6 Payment of the fee is payable based on the option elected by the Client and must be paid to the Coach via Payfast By Network.
8.7 If, in the event that a programme has been booked and paid for, the Client elects to discontinue the sessions before completion, a pro rata refund will be issued to the Client after deduction of the full standard session fee for any sessions already attended. The Coach, however, highly encourages Clients to complete their chosen programme to see positive results.
8.8 The Coach reserves the right to cancel the Coaching session in instances where payment has not been made in accordance with this Agreement.
8.9 All payments to the Coach shall be paid promptly without deferment, free of exchange and without any deduction or set-off of whatsoever nature.
8.10 The Client acknowledges and accepts that: (i) all payments made to the Coach shall only be deemed to have been received by the Coach when payment is actually received as cleared funds by the Coach; (ii) payments made directly into the Coach’s bank account shall be at the Client’s risk until confirmed as cleared funds by the Coach; and (iii) unless otherwise specifically directed in writing by an authorised representative of the Coach, no third party is
8.11 authorised to accept any payment due by the Client on behalf of the Coach.
8.12 If either of the following events occur, the Coach shall be entitled to charge an administration fee of R750.00 (seven hundred and fifty rand):
8.12.1 if the Client’s payment bounces for any reason; and/or
8.12.2 if the Parties pend the programme and later reactivate any recurring payments.
8.13 All prices are inclusive of Value-Added Tax (“VAT”) which is calculated at 15% (fifteen percent).
- Guarantee
9.1 The Coach guarantees that he/it will provide the tools in putting systems in place within the Client’s business to ensure that the business can grow.
9.2 The Coach will guarantee that the Client receives a 200% (two hundred percent) return on his/her/their/it’s investment (i.e. full recovery of double the program fee) within 12 (twelve) months of rendering the Services, failing which the Coach will refund the Client’s fee, subject to the following conditions: -
9.2.1 the Coach will receive a complete set of financial statements for 12 (twelve) months prior to the Services having commenced as well as during the coaching process:
9.2.2 the Client will maintain and keep management accounts for 12 (twelve) months prior to the Services having commenced as well as during the coaching process;
9.2.3 the Client will provide the Coach with the necessary business vitals, to be determined by the Coach;
9.2.4 the Client will complete all homework and apply all of the learnings that he/she/they/it agrees to on the success sheets, as provided in the coaching sessions;
9.2.5 the Client remains in the programme for at least 12 (twelve) consecutive months;
9.2.6 all fees are paid timeously;
9.2.7 the Client must read/listen to 2 (two) books prescribed by the Coach per month.
- Protection Of Personal Information
10.1 For the purposes of this clause 10, where reference is made to words that are defined in the POPIA, such words shall have the meaning ascribed to them under POPIA.
10.2 The Coach acknowledges and undertakes that, to the extent that it shall have access to, and Process, Personal Information of Data Subjects, he/it shall comply with all the relevant provisions of the POPIA in relation to all Personal Information received.
10.3 The Client acknowledges, consents and agrees that the Coach may collect, collate, use, Process, store and/or destroy all Personal Information made available to him/it during its engagement with the Coach, as well as information identified in terms of the POPIA, to the extent permitted under the POPIA, (i) for identification purposes; (ii) to assist the Coach in identifying the particular needs of the Client to enable the Coach to determine the appropriate service; (iii) in pursuance of the purpose of this Agreement generally; and (iv) for the proper rendering of the Coach’s Services to the Client. The Client further acknowledges that he/she/they/it understands the purpose for which the Personal Information is required and for which it will be used.
10.4 The Client acknowledges that he/she has the right to object and/or withdraw its consent at any time to the extent not otherwise prohibited by law.
10.5 The Coach undertakes to limit the type of information collected to that to which the Client has consented to and/or which may be used to authenticate the Client’s identity for security, administrative, billing, and legal purposes.
10.6 The Coach agrees to use all reasonable efforts to ensure such Personal Information in its possession is kept confidential, stored in a secure manner, and processed lawfully in terms of the POPIA.
10.7 The Coach undertakes not to disclose Personal Information of the Client or any associated person unless it is legally or contractually required to do so.
10.8 The Client hereby indemnifies and holds the Coach harmless against any loss, claims, costs (including legal costs on an attorney and own client scale) or damage which may be suffered or incurred by the Client in consequence of any breach of any of the above undertakings or of any provisions of the POPIA.
- Confidentiality
11.1 The Client acknowledges and agrees that all correspondence, documents and/or information which may form Confidential Information, including but not limited to session(s) and session notes, telephone conversations and personal correspondence conducted in confidence, may be recorded. In the event that any recordings are made, the Coach shall first secure the Client’s consent to record same. Should the Client not consent to the recording, no recordings will be made available to the Client. Where the Client has consented to coaching sessions being recorded, the Coach will make these available to the Client upon request.
11.2 The Client’s permission will be sought prior to using any testimonials or accolades for the Services and the Coach shall be permitted to use any Fast Track coaching sessions as marketing and promotional material provided Confidential Information is not disclosed.
11.3 The Coach will exercise proper internal controls over all documentation containing Confidential Information and will not make copies of any Confidential Information except as may be required for the purposes of this Agreement.
11.4 Notwithstanding clause11.1, information will be deemed not to be Confidential Information if it -:
11.4.1 is or becomes generally available to the public other than as a result of disclosure by the Coach in breach of this clause 11;
11.4.2 is or was independently developed by the Coach or on its behalf by persons having no access to such Confidential Information;
11.4.3 was in the Coach’s possession prior to the Commencement Date of this Agreement;
11.4.4 is required to be disclosed in terms of any law or under an order of court or under the rules of any stock exchange or other applicable regulatory authority, in which case Coach will give the Client reasonable written notice thereof as soon as is reasonably practicable.
11.5 All Confidential Information will remain confidential, except in the following circumstances:
11.5.1 if the Client grants express permission for confidentiality to be broken; or
11.5.2 if the information is of a nature that confidentiality cannot reasonably be maintained, including but not limited to the following circumstances:-
11.5.2.1 in cases of suspected fraud or other crime;
11.5.2.2 when a minor (under 18 years of age) is involved;
11.5.2.3 when a referring doctor or other health care professional requires a report. A copy of the report will only then be available on request.
11.6 The Client agrees and acknowledges that the Coach may, at any time, discuss aspects of the Client’s case with the Coach’s colleagues and other coaching professionals for training or consultation purposes, provided that the Coach keeps confidential the Client’s full name and identity to the extent that the Client has not otherwise granted permission.
11.7 The provisions of this clause 11 will survive the termination of this Agreement. The Coach shall retain the Client’s Confidential Information for the duration of the Agreement and thereafter for a reasonable further period of time as required by any law and/or the Coach’s professional indemnity insurers, if any.
- Waivers and Indemnities
12.1 The Client agrees to indemnify and hold the Coach harmless from and against any losses, damage or harm resulting from activities related to the programme, or the consequences of such programme.
12.2 Under no circumstances shall the Coach be liable towards the Client or any other person for any and all claims, demands, liabilities, suits, losses, costs, or expenses (including attorneys’ fees on an attorney-own client scale) of any kind arising in terms of this Agreement and the Services rendered thereunder, including but not limited to special, indirect or consequential damages.
12.3 The Client indemnifies the Coach and holds it harmless from any and all claims, demands, liabilities, suits, losses, costs, or expenses (including attorneys’ fees on an attorney-own client scale) of any kind arising from the rendering of the Service. This provision shall survive the termination of this Agreement.
12.4 Please note that provisions of the Consumer Protection Act 2008 may have an impact on you with respect to various exclusions of the Coach’s liability under these Terms and Conditions. As such, please take care to familiarize yourself with these Terms and Conditions, in particular, those clauses that are in bold.
- Force Majeure
13.1 If either Party delays or fails to comply with any of its obligations under the Agreement, due to a Force Majeure Event, such Party will not be in breach of the Agreement nor will it incur any liability to the other Party, save as set out in this clause 13.
13.2 If the Client becomes subject to a Force Majeure Event that substantially prevents, inhibits and/or frustrates his/her/their/its ability to receive the Services, and such Force Majeure Event continues for 14 (fourteen) consecutive days or more, or for 10 (ten) non-consecutive days or more during any 30 (thirty) day period, then either Party may terminate the Agreement by delivering to the other Party a termination notice specifying the Termination Date.
13.3 If the Coach becomes subject to a Force Majeure Event that substantially prevents, inhibits and/or frustrates his/its ability to deliver the Services, the Coach must use commercially reasonable endeavours to resume full performance of the Services within the shortest reasonable time period following the occurrence of the Force Majeure Event.
13.4 If the Coach is unable to fully resume the Services within 14 (fourteen) days from the date on which the Force Majeure Event occurred, then either Party may terminate the Agreement by delivering to the other Party a termination notice specifying the Termination Date.
- General provisions
14.1 The Client acknowledges and understands that the Coach is not a licensed physician, psychiatrist, psychologist, psycho-therapist, or medical Coach, and that the programmes offered by the Coach is not a replacement for the services provided by these people.
14.2 The Coach will always endeavour to use best efforts and skills in pursuance of the Client’s goals and intended outcomes.
14.3 If any provision or part of a provision of this Agreement is rendered void, illegal or unenforceable in any respect such provision shall be severable and the validity, legality, and enforceability of the remaining provisions of this Agreement shall remain in full force and effect.
14.4 Whilst the Client may elect, during the programme, to upgrade to a higher Refocus Your Life or Refocus Your Business programme, such an upgrade is subject to the Coach’s discretion. No Client may downgrade their programme, save for where the Coach permits such a downgrade.
14.5 Any change to the programme during the tenancy of this Agreement, must be in writing.
14.6 The intellectual property, documents, manuals (hereinafter referred to as “programme material”) which the Client receives and / or acquires during the terms of this Agreement is confidential and remains the property of the Coach. The programme material may not be distributed, copied, or adapted save for use within the Client’s company as part of the programme where necessary.
14.7 The Client understands that he/she/they/it may not sell the programme material to any other businesses.
14.8 The Coach’s role is advisory and, whilst the Client is advised to, the Client is not obligated to utilise any of the tools, techniques or strategies provided by the Coach.
14.9 The Client understands and acknowledges that there may be some weeks where no sessions are held in light of the Coach’s commitments and that these missed sessions will not have any impact on the fees as prescribed above.
14.10 This Agreement is governed by, construed, and enforced in accordance with the laws of the Republic of South Africa.
14.11 Should the Client have a concern or complaint regarding the Services rendered to it by the Coach, it shall first discuss this with the Coach directly, who will endeavour to the best of its reasonable ability to resolve the issue.
14.12 For purposes of this Agreement, including the giving of notices in terms hereof and the serving of legal process, the Client’s address as reflected on page 1 hereof are to be considered their respective chosen domicilium citandi et executandi.
14.13 The Client and the Coach consents to the non-exclusive jurisdiction of the Magistrates Court of South Africa of competent jurisdiction for any proceedings arising out of or in connection with this Agreement.
14.14 The Client shall be liable for any and all legal costs incurred by the Coach, including, but not limited to collection commission and fees and disbursements (including attorney own client costs) in respect to any claims that the Coach may have against the Client or in the case of any unsuccessful claims by the Client against the Coach.
14.15 No indulgence, leniency, or extension of time which the Coach may grant or show to the Client, shall in any way prejudice the Coach’s rights in terms of this Agreement.
14.16 This Agreement shall constitute the entire Agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding on either party except to the extent incorporated in this Agreement.
14.17 Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in a writing signed by each party or an authorised representative of each party.
14.18 Authority: the persons who sign this Agreement on behalf of the Client warrants that they have the appropriate and necessary authority to do so and to binds the Client to the terms set out herein.
PRIVACY POLICY
Last updated: June 2022
PLEASE READ OUR PRIVACY POLICY BEFORE BROWSING THIS WEBSITE OR USING ANY OF OUR SERVICES. YOUR CONTINUED USE OF THIS WEBSITE AND OUR SERVICES INDICATES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS LISTED HEREIN.
What is this Privacy Policy for?
This Privacy Policy is for our website, https://www.refocus.coach/ owned by Refocus Coach (Pty) Limited, having its place its principal place of business at Pieterse Place, Malanshof Ext 1, Johannesburg, 2194, South Africa.
This Privacy Policy sets out the different areas where user privacy is concerned and outlines the obligations and requirements of the users, the website and website owners. Please read this Privacy Policy to understand how your information will be collected, used, processed, stored, disclosed, protected, or otherwise handled, and further to understand the choices and rights that you as the Data Subject have with respect to your Personal Information.
This Privacy Policy complies with, and facilitates the obligations required from, the European Commission’s General Data Protection Regulation, 2016/679 and the South African Protection of Personal Information Act No. 4 of 2013, as amended.
1. Key Definitions
1.1. Consent whether expressed orally or in writing, or implied from the conduct of the consenting party, refers to voluntary agreement to some act, practice or purpose of which a consenting party has knowledge;
1.2. Data Controller refers to a natural and legal person, public authority, agency or other body which, alone or jointly, with others, determines the purposes and means of the processing of Personal Information;
1.3. Data Subject refers to the person (natural or juristic, where applicable) to whom the Personal Information relate;.
1.4. GDPR means the European Commission’s General Data Protection Regulation, 2016/679;
1.5. Minor refers to a person under the age of 18 (Eighteen) and/or a person who is unable to appreciate the contents of this Policy;
1.6. Operator refers to a person who processes Personal Information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party;
1.7. ‘Our', 'us', 'we' or 'company' refers to Refocus Coach (Pty) Limited (“Refocus Coach”);
1.8. Personal Information refers to information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Such information can be used on its own or with other information to identify, contact, or locate a single person or juristic entity, or to identify an individual in context. For the purposes of this Privacy Policy, Personal Information will be understood in accordance with the definition provided in POPIA;
1.9. POPIA means Protection of Personal Information Act 4 of 2013, as amended from time to time;
1.10. Process includes collecting, receiving, recording, organising, collating, storing, updating, modifying, retrieving, altering, consulting or using, disseminating, distributing or making available and merging, linking, blocking, degrading, erasing, destroying Personal Information. Processing of Personal Information is also performed to comply with applicable laws;
1.11. You refers to all prospective, present and past Refocus Coach stakeholders to which this Privacy Policy applies, including, but not limited to:-
1.11.1. Visitors/ users of our website at https://www.refocus.coach/ ;
1.11.2. employees (including permanent, temporary or contract employees);
1.11.3. clients/ customers or prospective clients/ customers;
1.11.4. third parties; and
1.11.5. investors.
2. Introduction
2.1. Personal Information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your Personal Information from being dealt with in any way that is inconsistent with applicable privacy laws in South Africa.
2.2. In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take appropriate and reasonable technical and organisational steps to prevent unauthorised access to, or disclosure of, your Personal Information.
2.3. By continuing to use this website you agree that we may “collect, collate, process and/or store” your Personal Information (as defined in POPIA) for, amongst other things:-
2.3.1. the purposes of providing you with access to the website and the website content; and
2.3.2. any of the purposes provided for herein.
2.4. Copies of correspondence sent from the website, that may contain Personal Information, are stored as archives for record-keeping and back-up purposes only.
2.5. Where there are reasonable grounds to believe that your Personal Information has been accessed or acquired by any unauthorised person, we will notify the relevant regulator and you, unless a public body responsible for detection, prevention or investigation of offences or the relevant regulator informs us that notifying you will impede a criminal investigation.
2.6. When we notify you that your Personal Information has been accessed or acquired, we will provide you with sufficient information to allow you to take protective measures against the potential consequences of the compromise.
2.7. We reserve the right to modify, add or remove certain sections of this Privacy Policy and we encourage you to visit this Policy on a continuous basis to familiarise yourself with this Policy.
3. When will we process your Personal Information
3.1. While visiting our website, you may be requested to provide certain Personal Information in order to enable you to take full advantage of our services, which identifies you as an individual (including, but not limited to, your name and contact details). Such information may be collected in the following instances:
3.1.1. on registration and/or logging on to our portal, we will collect information about your online identifiers including your username and password to authenticate your access into the system (registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, option on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your account);
3.1.2. when you submit an enquiry form, we will request mandatory identifying information (including, your name, email address and phone number);
3.1.3. when you submit any information via our website, email address or via a call to our telephone number; and
3.1.4. when you browse the website.
3.2. You acknowledge that all Personal Information processed by us may be stored by us and used for any of the purposes listed below.
4. Third Party disclosure of your Personal Information
4.1. We treat all your Personal Information as confidential. We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless expressly requested by the Data Subject. We will therefore we will not disclose your Personal Information to any third party except as provided in this Privacy Policy.
4.2. Personal Information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose Personal Information when we believe in good faith that the law requires disclosure.
4.3. You consent that we may disclose your Personal Information to approved third party providers (as referred to below in 4.4.1) where necessary to give effect to a contract with you, where required by law, or where we have a legitimate interest in doing so.
4.4. You agree that your Personal Information may be shared under the following circumstances:
4.4.1. to our agents, our website hosting and software development partners, advisers, service providers and suppliers (our Search Engine Optimization agency, creative, brand, digital and media agencies) Microsoft, Google and other research agents, as well as other third-party service providers who assist us with operating this website;
4.4.2. to monitor web traffic - web servers serving the website automatically collect information about pages you visit. This information is used for internal review, to tailor information to individual visitors and for traffic audits;
4.4.3. for purposes of research, analytics and compilation of statistics - we may perform statistical analyses in order to measure interest in the various areas of the website (for product and service development purposes); We may disclose anonymous statistics regarding the number of visitors to our site or the origin of site users. This is purely for marketing/advertising purposes so we can collate statistics regarding how traffic enters our site. The information you provide Refocus Coach may also be used for marketing purposes;
4.4.4. we may share non-personally identifiable information with third parties for any number of reasons, including advertising, promotional and/or other purposes;
4.4.5. to government and law enforcement agencies, where the law requires that we disclose your Personal Information to a party, and where we have reason to believe that a disclosure of Personal Information is necessary to identify, contact or bring legal action against a party who may be in breach of the Privacy Policy or may be causing injury to, or interference with (either intentionally or unintentionally), our rights or property, other users, or anyone else that could be harmed by such activities; and
4.4.6. third parties as required by law, including but not limited to regulators as law or governmental audit requires, or law enforcement as subpoena or court order requires.
4.5. We may also release information when its release is appropriate to enforce our site policies, where we believe such action is necessary in order to protect or defend our rights, interests or property or the rights, interests or property of our clients or users of our site.
4.6. Should there be a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of our company, we may transfer your information to third parties involved in the sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation. By providing any Personal Information to us, you fully understand and clearly consent to the fact that we may transfer such Personal Information in these cases. When we share Personal Information with these third parties, we will require them to honour this policy, to the full extent required by applicable law.
4.7. Where we have been contracted by another company, we bring it to your attention at in this instance, we are not the entity responsible for making decisions on your data, but instead are rendering services to the event organiser that you are dealing with directly. In this instance, please refer to the event organiser’s respective privacy policy regarding how your data is processed and who it may be shared with such as timekeepers, sponsors or otherwise.
4.8. We may from time to time need to use different service providers from time to time. We will enter into written agreements with such third parties to ensure that they comply with the obligations included in the Privacy Policy and that they implement all the necessary security measures to ensure adequate protection of the data.
4.9. In the event that we should change upstream service providers that are involved in providing you with the services, or where we may need to hire additional companies to provide the services, you have the right to reasonably oppose such an appointment. Such opposition shall be addressed on a case-by-case basis in accordance with the appropriate data protection regulation.
4.10. We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk. At your request and expense and taking into account the nature of processing and the information available to us, we shall reasonably assist you in compliance with the security obligations set forth by data protection regulation.
4.11. A list of our sub processors (and their respective processing regions) is available on request and is included in our Data Processing Agreements.
4.12. Upon termination of our services, we will delete your personal data, unless otherwise required for a statutory requirement or as per the retention periods set out in this Privacy Policy or within contractual agreements with organisers.
5. What types of Personal Information will we Process
5.1. When visiting our site, as appropriate, you may be asked to enter your name, email address, phone number, and / or other details to help you with your experience. The further types of Personal Information that we may process includes information necessary for our legitimate business interest and the categories of Personal Information defined in POPIA. This may include (amongst other things):
5.1.1. personally identifiable information about you if you voluntarily submit such information to Refocus Coach. Personally identifiable information, may include your name, email address, physical address and other information that specifically identifies you and the pages of the website viewed by you;
5.1.2. automatically collected data and information (through cookies, described below, and other methods). Refocus Coach may store aggregate or anonymous information about user contact with, and use of, the website. Examples of this type of information include demographic information, the type of internet browser you are using, the type of computer operating system application software and peripherals you are using, the domain name of the website from which you linked to our website and your browsing habits on, and usage, of the website; and
5.1.3. non-personally identifiable information may also include personally identifiable information that has been aggregated so that no one individual is specifically identifiable (such as, how many users in a particular city access the website).
5.2. We will limit the types of Personal Information we process to only that to which you consent, and which is necessary for our legitimate business interests.
5.3. We will process your data when we need to render a service to you.
5.4. Credit Card details are only stored for the processing of payment and will be deleted once payment is processed.
5.5. We make use of service providers to process all payments via Credit Card. By electing to enter into such transaction you agree to abide by the service provider’s terms and conditions and to hold us harmless and indemnify us for any loss or damage which may be caused by the negligence or error of the service provider.
6. How will we process your Personal Information?
6.1. We will only use the information you provide for our legitimate business purposes.
6.2. We may share your personally identifiable information with companies that are holding companies and affiliates of Refocus Coach, including but not limited to technical consultants and other third parties who make our website available, enhance its functionality, or provide associated services (but only for the purpose of providing such services to Refocus Coach).
6.3. Information obtained in connection with the website may be used by us in conjunction with information obtained through sources other than the website, including both offline and online sources.
6.4. We reserve the right to transfer any information to our successors in business and purchasers of website assets or a particular division or line of business.
6.5. We may process your Personal Information in a number of ways, including but not limited to when you:
6.5.1. visit our website, we may collect usage information which may include your IP address, geographical location, browser type and version, operating system, referral source, duration of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. This information may be processed for the purposes of analysing the use of the website and improving usability;
6.5.2. provide Personal Information when purchasing using our services. The information is processed for use and /or administration of the product / service you require and may include your company name, first name, surname, city and email address. This information is processed for the purpose of supplying our services to you, communicating with you and establishing and maintaining a relationship with you;
6.5.3. provide Personal Information in the course of a submission of an enquiry, including an enquiry pertaining to available vendor and/or service provider opportunities, on our website "contact us" page. The Personal Information is processed for the purpose of responding to your enquiry and may include your company name, first name, surname, city and / or email address;
6.5.4. on a voluntary ad-hoc basis you may provide us with certain Personal Information when you fill out an enquiry form in the question section of our "contact us" page, or contact us via social media, or when you email us, or when you provide Personal Information to support a request logged by you to us for the above collection means; and
6.5.5. subscribe to our mailing list.
6.6. We may further use the information we collect from you in the following ways:-
6.6.1. to quickly process your transactions;
6.6.2. to follow up with you after correspondence (email or phone enquiries);
6.6.3. for website analytics, storing details such as your IP address, bounce rate, page time, cost per click, most visited pages and device information;
6.6.4. to monitor and analyse how we improve our service to you as well as to keep your data secure and free from abuse;
6.6.5. to keep active communications with you while you are our contracted client.
7. Minors
7.1. We will not collect the Personal Information of Minors without the consent of their parent(s) or guardian(s).
7.2. We reserve our rights to request a certified copy of your identity document and proof of consent from your parent or guardian if we suspect that you are a minor.
8. Cookies
8.1. Cookies are essentially pieces of information that a website transfers to a user’s hard drive for record-keeping purposes. Cookies make surfing the web easier for you by saving your preferences and tracking your online habits, traffic patterns, and making sure you do not see the same advertisement too often. The use of cookies is an industry standard.
8.2. We may place a cookie on your browser to store and sometimes track information about you.
8.3. We use "cookies" (or other types of tracking software) to help us gather information about you as a visitor to our website, which is not personally identifiable. For example:
8.3.1. the IP address from which you access the site;
8.3.2. the type of browser and operating system used to access the site;
8.3.3. the date and time of your access to the site;
8.3.4. the pages you visit; and
8.3.5. the internet address of the website from which you accessed the site.
8.4. Where applicable, this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user's computer / device.
8.5. The use of cookies helps us to assist your use of certain aspects of the site. While most browsers are initially set up to accept cookies, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please note that some parts of the website will not function properly if you refuse cookies.
8.6. No information which personally identifies you will be collected through cookies.
8.7. Third parties (including, but not limited to, software providers, advertisers and ad placement agencies) may also use tracking technologies by, or through, the site. Refocus Coach is in no way responsible or liable for any tracking, data collection or other activities of such third parties.
8.8. Other cookies may be stored to your computer’s hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 (Thirty) days, though some may take longer. No Personal Information is stored, saved or collected. Users are advised that if they wish to deny the use and saving of cookies from this website onto their computers hard drive, they should take necessary steps within their web browsers’ security settings to block all cookies from this website and its external serving vendors.
9. Data Security
9.1. We are committed to taking reasonable and responsible steps to ensure the security of your information, and we strive to ensure the security, integrity and privacy of Personal Information submitted to our sites. We review and update our security measures in light of current technologies, however unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
9.2. With due regard to generally accepted information security and handling practices and procedures, we seek to secure the integrity and confidentiality of Personal Information in our possession by taking reasonable appropriate technical and organisational measures to prevent:-
9.2.1. loss of, damage to, or unauthorised destruction of Personal Information; and
9.2.2. unlawful access to or processing of Personal Information.
9.3. You may, at any time, contact us with any queries regarding your Personal Information and request to view, correct or delete your collated data.
9.4. To prevent unauthorised access, maintain data accuracy, and ensure the appropriate use of information, we have put into place physical, electronic, and managerial procedures to help safeguard and secure the information we collect online. Your Personal Information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. Any information attained by Refocus Coach not intended for public use is sent to our internal server and stored on databases behind our firewall. This prevents sensitive information being accessed from outside Refocus Coach.
9.5. However, due to the inherent open nature of the Internet, and subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from, and through, this website. You provide information to us online at your own risk.
9.6. Furthermore, Refocus Coach makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be wholly uninterrupted and error-free.
10. Your Rights as Data Subjects
10.1. As a Data Subject of Refocus Coach, you have the right and responsibility to ensure that the Personal Information, we hold about you is accurate. In the absence of evidence to the contrary, we will assume that the information you have provided to us is accurate. At your request, where the law requires us to do so, you can exercise your Data Subject rights as per the following, subject to verification and validation of your identity:
10.1.1. request access to your Personal Information that Refocus Coach holds about you;
10.1.2. request rectification of your Personal Information that Refocus Coach holds about you;
10.1.3. request erasure, as permitted by law, of your Personal Information that Refocus Coach holds about you;
10.1.4. request restriction of processing of your Personal Information;
10.1.5. object to processing of Personal Information as permitted by law; and
10.1.6. lodge a complaint as it pertains to the processing activities of your Personal Information.
10.2. The Personal Information that you may request us to correct, destroy or delete is Personal Information that has been processed that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or that we are no longer authorised to retain.
10.3. In order to exercise any of the above, you can contact us at [email protected] or +2784 494 3747.
10.4. Please note that we will respond to your request within 21 (Twenty-One) working days. We are entitled to charge a fee pertaining to your request for us to destroy or delete your Personal Information. If you have requested us to delete all your Personal Information, we may be obligate to terminate all agreements or interactions we have with you. We cannot maintain our relationship with you without having a certain amount of your Personal Information.
10.5. You have the right to withdraw your consent for us to process your Personal Information at any time. The withdrawal of your consent can only be made by you on the condition that:-
10.5.1. the withdrawal of your consent does not affect the processing of your Personal Information before the withdrawal of your consent; or
10.5.2. the withdrawal of your consent does not affect the processing of your Personal Information if the processing is in compliance with an obligation imposed by law on us; or
10.5.3. the withdrawal of your consent does not affect the processing of your Personal Information where such processing is necessary for the proper performance of a public law duty by a public body; or
10.5.4. the withdrawal of your consent does not affect the processing of your Personal Information as required to finalise the performance of a contract in which you are a party; or
10.5.5. the withdrawal of your consent does not affect the processing of your Personal Information as required to protect your legitimate interests or our own legitimate interests or the legitimate interests of a third party to whom the information is supplied.
10.6. You have the right to object to the processing of your Personal Information at any time, on reasonable grounds relating to your particular situation, unless the processing is required by law.
10.7. You can make the objection if the processing of your Personal Information is not necessary for the proper performance of a public law duty by a public body, or if the processing of your Personal Information is not necessary to pursue your legitimate interests, our legitimate interests or the legitimate interests of a third party to which the information is supplied.
10.8. You have the right to object to the processing of your Personal Information, at any time, if the processing is for purposes of direct marketing other than direct marketing by means of unsolicited electronic communications and you have not given your consent for that processing.
10.9. You have the right not to have your Personal Information processed for purposes of direct marketing by means of unsolicited electronic communications from third parties unknown to you.
10.10. You have the right not to be subjected to a decision which is based solely on the basis of the automated processing of your Personal Information intended to provide a profile of you. Decisions that you may not be subjected to are decisions that result in legal consequences for you or affect you to a substantial degree:-
10.10.1. without being for the execution of a contract for which you have received performance; or
10.10.2. decisions made that are not in terms of law or of a code of conduct that specifies what appropriate measure must be taken to protect your legitimate interests.
10.11. You have the right to submit a complaint to the Information Regulator in terms of POPIA regarding an alleged interference with the protection of Personal Information processed in accordance with this policy.
10.12. You have the right to institute civil proceedings regarding an alleged interference with the protection of your Personal Information processed in accordance with this Privacy Policy.
10.13. Copies of your information may remain viewable elsewhere, to the extent it has been shared with others, it was otherwise distributed pursuant to User’s privacy settings, or it was copied or stored by other users and partners.
10.14. In cases where consent was given, you have the right to withdraw consent at any time.
10.15. If you do request that your information is deleted, all information will be permanently erased, except for information that we are required to keep by law. You may exercise your rights at any time by lodging a request with our Information Officer, Bertus De Wet at [email protected] or +2784 494 3747.
10.16. Should you wish to object to the processing of your Personal Information, your request must be accompanied with a signed copy of Form 1 - Objection to the Processing of Personal Information in terms of Section 11(3) of the Protection of Personal Information Act, 2013.
10.17. Should you wish to request correction or deletion of Personal Information, your request must be accompanied with a signed copy of “Form 2 - Request for Correction or Deletion of Personal Information or Destroying or Deletion of Record of Personal Information in terms of Section 24(1) of the Protection of Personal Information Act, 2013.
10.18. The above-mentioned forms can be found at the end of this policy.
11. Use of IP address
11.1. An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet. We log IP addresses or the location of computers on the Internet.
11.2. We collect IP addresses for the purposes of system administration and to audit the use of the website. We do not ordinarily link IP addresses to Personal Information, which means that your session may remain anonymous. However, we cannot guarantee that this will always be the case, as it may be necessary to identify a particular user when it is necessary to enforce compliance with the Privacy Policy or to protect our website, its users or other interests.
12. Links to Third Party Websites
12.1. Occasionally, at our discretion, we may include or offer third-party products or services, sponsored links or adverts on our website. These third-party providers have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites / providers.
12.2. The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website, and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
12.3. If you disclose your Personal Information to a third party, such as an entity which operates a website linked to this website, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your Personal Information.
13. Social Media Platforms
13.1. Communication, engagement and actions taken through external social media platforms that Refocus Coach participates on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
13.2. Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. Neither this website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
13.3. This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
14. Shortened Links in Social Media
14.1. This website and its owners through their social media platform accounts may share web links to relevant web pages. By default, some social media platforms shorten lengthy URLs.
14.2. Users are advised to take caution and good judgement before clicking on any shortened URLs published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine URLs are published, many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
15. Disclaimer
15.1. The information, software and services included in or available through the Refocus Coach website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Refocus Coach and/or its suppliers may make improvements and/or changes in the Refocus Coach website at any time. Advice received via the Refocus Coach website should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
15.2. Refocus Coach and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, services and related graphics contained on the Refocus Coach website for any purpose. To the maximum extent permitted by applicable law, all such information, software, services and related graphics are provided "as is" without warranty or condition of any kind. Refocus Coach and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
15.3. To the maximum extent permitted by applicable law, in no event shall Refocus Coach and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Refocus Coach website, with the delay or inability to use the Refocus Coach website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this website, or otherwise arising out of the use of the Refocus Coach website, whether based on contract, negligence, strict liability or otherwise, even if Refocus Coach or any of its suppliers has been advised of the possibility of damages.
16. Opt-out
16.1. The POPIA Act and GDPR specifies the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and sets out the penalties for violations thereof.
16.2. We may provide you with information about our various services, or offers that may be of interest to you. Only Refocus Coach will send you these direct mailings. At any time you may opt-out of Refocus Coach marketing list or update your information.
16.3. In compliance with the POPIA Act, we agree to the following:
16.1.1. at any time, should you not wish to receive direct marketing from us, please inform us at [email protected] in order to unsubscribe; and
16.1.2. each time we send you marketing information by e-mail or SMS text messaging, we will provide an opportunity for you to unsubscribe from receiving further information from us.
16.4. We confirm that once we receive a notice to unsubscribe, we will promptly remove you from all marketing – related correspondence.
17. Accuracy of Personal Information
17.1. In order to ensure that the information we maintain is accurate, Refocus Coach gives users the option to change or modify their information previously provided. If you would like to change your information currently in our database, please contact us at [email protected]
17.2. Please note that we will not contact you telephonically for unsolicited marketing purposes or send unsolicited marketing communications to you by mail, SMS or email if you have not opted in to receive them.
17.3. Refocus Coach is not responsible for updating information contained in third party lists or databases.
17.4. It is important that your Personal Information is kept up to date. Please keep us informed if your Personal Information changes.
18. Breach
18.1. In the event of a confirmed breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, we shall promptly assess the risk to people’s rights and freedoms and without undue delay report this breach to the appropriate authorities, controllers, responsible parties, and subjects as required by law.
18.2. We will cooperate with you and take such reasonable commercial steps as are directed by you to assist in the investigation, mitigation, and remediation of each such data breach.
18.3. We undertake to never to sell or make your Personal Information available to any third party other than as provided for in this policy unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Refocus Coach reserves the right to disclose relevant Personal Information for criminal investigation purposes or in line with any other legal obligation for disclosure of the Personal Information which may be required of it.
18.4. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your Personal Information.
19. Governing Law
19.1. Refocus Coach shall be governed by the laws of the Republic of South Africa.
20. Effective Date
20.1. This Privacy Policy was last updated on 28 June 2022.
20.2. This Privacy Policy may be updated from time to time. You may be required to accept the update Privacy Policy to keep using our services. Alternatively, we may post non-material changes to this Privacy Policy on our website, with a notice advising of the effective date of the changes. We may notify you of material changes to the Privacy Policy by email (or otherwise) prior to the effective date of the changes.
