Terms and conditions

Welcome to Profactaplan!

These terms and conditions outline the rules and regulations for the use of Profactaplan’s Website, located at https://profactaplan.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Profactaplan if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person logged on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Profactaplan. “Party”, “Parties”, or “Us”, refers to both the Client and Profactaplan. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of South Africa. The Republic of South Africa is our country of domicile. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Profactaplan, you agree to use cookies in agreement with the Profactaplan’s Privacy Policy.

Cookies are used by our website to enable the functionality of certain areas to make it easier, faster and more relevant for people visiting our website.

Comments

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Profactaplan shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Profactaplan reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Profactaplan a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Products Or Services

Our products and services include, but are not limited to on-site services, remote services, online training, downloadable educational material, assessments and audits either on-site or remote.

We reserve the right to change, update, add and/or remove products and services without prior notice.

License for online training and downloadable products

Unless otherwise stated, Profactaplan and/or its licensors own the intellectual property rights for all material on Profactaplan. All intellectual property rights are reserved. You may access this from Profactaplan for your own personal use subjected to restrictions set in these terms and conditions.

Our Training Courses, Training Materials and downloadable products come with an exclusive, non-transferable licence to use on the following terms:

You may:

  • Download and use the material for the purpose of either completing the associated course or gaining the associated knowledge.

You may not:

  • Republish material from Profactaplan in part or in whole
  • Sell, rent or sub-license material from Profactaplan in part or in whole
  • Loan, merge, adapt, translate, vary, alter or modify material from Profactaplan in part or in whole
  • Reproduce, duplicate or copy material from Profactaplan in part or in whole, except where it is necessary for completing an associated course
  • Redistribute content from Profactaplan in part or in whole
  • Combine or incorporate material from Profactaplan in part or in whole with any other materials
  • Provide or make available material from Profactaplan, in any form to any person, without prior written consent from Profactaplan.

This Agreement shall begin on 1 June 2020 .

Modifications To The Service And Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Where the Service has already been bought and paid for, we will continue to fulfil our part of the agreement.

We reserve the right to change the course content of any Training Course at any time and without notice.

Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Reservation of Rights when being linked

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so.

Your Privacy

Your submission of personal information through the website is governed by our Privacy Policy. Please read Privacy Policy.

Errors, Inaccuracies And Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer Of Warranties; Limitation Of Liability

Nothing in this Licence shall exclude or in any way limit the Licensor’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law.

Profactaplan shall not be liable under, or in connection with, this agreement or any collateral contract for:

  • death or personal injury
  • loss of income;
  • loss of the use of money or anticipated savings
  • loss of business contracts or profits
  • business interruption
  • loss of opportunity, goodwill or reputation
  • loss of, damage to or corruption of data
  • any indirect or consequential loss or damage of any kind, whether caused by tort, breach of contract or otherwise

Our Terms and Conditions were created with the help of the Terms and Conditions Generator and other sources.