Terms of service

Effective date: March 2022

By using this website, you signify your assent to these terms of service. If you do not agree to these terms of service without modification, you may not use this website in any manner whatsoever.

These terms of service make reference to sections of the Electronic Communications and Transactions Act, 25 of 2002 (hereinafter "the ECT Act"), promulgated in the Republic of South Africa, a copy of which may be obtained at http://www.internet.org.za/ect_act.html

  1. TERMS OF SERVICE
    Your use of this website shall at all times be subject to these terms of service, as may be amended from time to time. It is your responsibility to continually stay abreast of changes to these terms. Each time you access the website and/or use the services, you shall be deemed to have consented, by such access and/or use, to the terms. If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these terms of service before purchasing or using any products or services.
  2. LIMITATIONS
    1. Whilst we endeavour to ensure that the information on this site is accurate and complete, we make no warranties about the accuracy, reliability, completeness or timeliness of information published on this website.
    2. Whilst we endeavour to ensure that our website is always accessible, we make no warranties or representations as to the level of uptime or speed of access that can be expected.
    3. The information on this website is intended for general information purposes only and is not intended to serve as advice.
    4. To the maximum extent possible under applicable law, we disclaim liability for any claim, loss, injury or damage arising out of or in connection with the use of information and/or goods and/or services available from or through this website, whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind.
    5. You hereby, unconditionally and irrevocably indemnifies us from any claim, loss, damage or injury of whatsoever kind that may arise out of or in connection with your use and/or publication of information on this website and/or the purchase or use of goods and/or services available from or through this website.
  3. AUTHENTICATED SERVICES

    In the event that we issue you with login credentials:

    1. it is your responsibility to ensure the secrecy of your login credentials;
    2. any activity on our website authenticated with your login credentials shall be deemed binding on and attributable to you; and
    3. unless otherwise agreed in writing, we may suspend or terminate access to any services on our website without notice to you.
    4. In terms of section 86 of the ECT Act you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this website or to otherwise interfere with the proper functioning thereof.
  4. LICENSE 
    1. The proprietary information on this website may be downloaded or printed for your own non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices, or distort or otherwise modify the proprietary information in a manner that may be prejudicial to us.
    2. All rights not expressly granted in terms of these terms of use are reserved. Any use of our proprietary information by you, otherwise than expressly authorised in terms hereof, may violate copyright laws, trademark laws and other regulations and statutes and be liable for criminal prosecution and/or civil liability.
    3. In respect of any submitted data, such as reviews, comments and/or any other content (other than your personal information) which shall include, without limitation, information, data and media:-
    4. you agree to extend to us a perpetual, royalty-free licence to publish such submitted data on our site;
    5. we will be entitled to treat such submitted data as non-confidential; and
    6. you warrant and represent that submitted data shall not infringe any party's rights or contravene any applicable legislation.
  5. PRIVACY POLICY
    1. As a provider of an online service, we require users to provide certain information when registering to receive our Services. All information provided by Users is collected, used, maintained, shared and destroyed in accordance with Sensory Intelligence® Consulting Privacy Policy, and incorporated into this Agreement by reference
    2. Should you take any test on this website as a result of
      1. an order placed on us by a third party, you irrevocably consent to the contents of any report or findings being disclosed to such third party
      2. an order placed on us by a third party or yourself, we reserve the right to use aggregate and personally non-identifiable findings as part of our ongoing research in the field of Sensory Intelligence®
  6. LINKING AND FRAMING
    1. You may not establish a link to this website from a third party site, unless:
    2. The link does not imply any association, endorsement or sponsorship by us of such a website or any products or services offered on such site.
    3. The linked pages from the website are displayed without alteration of any kind; specifically, you may not cause a user's web browser to display a "framed" version of this web site in response to activating a link.
  7. AUTOMATED ACCESS AND RESALE
    1. Other than bona fide public search engines, you may not access any pages in this website using a computer program or an electronic or other automated means used independently to initiate an action or respond to data messages or performances in whole or in part, including, without limitation, any web spiders, crawlers, or similar technologies.
    2. You may not in any manner resell this service, unless expressly authorised to do so in writing.
  8. RESPONSIBLE USE OF WEBSITE

    To the extent possible on this website, you may not use this website or any related hosting infrastructure to:

    1. send or post unsolicited commercial communications;
    2. publish information or material that:
      1. contains a visual presentation of explicit violent sexual conduct, bestiality, incest or rape or extreme violence which constitutes incitement to cause harm;
      2. results in any unreasonable invasion of privacy;
      3. induces an unacceptable sense of fear or anxiety;
      4. encourages or incites any person to engage in dangerous practices or to use harmful substances;
      5. induces or promote racial disharmony;
      6. causes grave or widespread offence;
      7. debases, degrade or demeans; or
      8. is unacceptable in our view.
  9. ELECTRONIC COMMUNICATIONS
    1. Any communication or material you transmit to us by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by us, unless expressly agreed otherwise in writing. To the extent that your submissions may be published on this website, such publication shall at all times be
    2. Electronic communications shall only be deemed to have been received if and when responded to in a manner, other than by way of an automated response.
    3. Electronic communications, including all attachments thereto, transmitted to you by us are subject to the following specific terms:
      1. Information contained in electronic communications must be regarded as confidential and intended solely for the use of the intended recipient. Any unauthorised disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful.
      2. Whilst we employ virus filtering, we provide no guarantees or warranties that electronic communication will be virus-free. You are accordingly advised to employ your own virus scanning tools.
      3. The views expressed in any electronic communications transmitted are those of the individual sender, unless the context clearly provides otherwise.
  10. ENFORCEABILITY
    1. Each provision of these terms of service shall be severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these terms of use shall nevertheless remain binding and continue with full force and effect.
  11. JURISDICTION
    1. Subject to clause 11.b below, this Agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa. The parties agree that the High Court of South Africa, Cape Division, shall have exclusive jurisdiction to hear any disputes that may arise from this Agreement.
    2. For the purpose of all proceedings hereunder the parties consent to the jurisdiction of the magistrate’s court having territorial jurisdiction, notwithstanding that such proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring upon the said court pursuant to section 45 of the Magistrates Court Act, 1994, provided, nevertheless, that any party shall have the right at its sole option and discretion to institute proceedings in any other competent court.
  12. AMENDMENTS
    1. We reserve the right to revise these terms of service at any time, with the revised terms taking effect as of the date of its posting.
    2. A certificate signed by the administrator of this website shall be prima facie proof of the date of publication and contents of any version of these terms that may be applicable to a dispute or otherwise.
  13. LEGAL COSTS
    1. Should we instruct legal representatives to take any steps to enforce any rights in terms of these terms arising from a breach thereof, then you will be liable for all legal and incidental costs, including legal fees on the attorney and own client scale, collection commission and tracing charges.
  14. INFORMATION DISCLOSURE
    1. The following information is disclosed in terms of section 43 of the ECT Act and section 51 of the Companies Act, 61 of 1973 and the Protection of Personal Information Act, 4 of 2013.
      Full name and legal status: Sensory Intelligence® Consulting (PTY) Ltd
      Registration number: 2021/651012/07
      Names of office bearers: Dr. Annemarie Lombard
      Place of registration: Republic of South Africa
      Physical address: 34 Melina Street, Rosendal, 7550
      Telephone number: +27 84 661 1010 Website address: www.sensoryintelligence.com E-mail address: [email protected]
      Membership of any self-regulatory or accreditation bodies to which that supplier belongs or subscribes and the contact details of that body; (if any): Health Professions Council of South Africa - Registration number: OT 0017043, Board of HealthCare Funders - Registration number: 6606008
  15. APPLICABILITY OF STANDARD CONDITIONS OF SALE
    1. Unless to the extent otherwise provided for in these terms or by applicable law, our standard conditions of sale govern the sale of any goods or services.
  16. PAYMENT PROCESSING
    1. Credit Card Acquiring - Payment Gateway: Credit Card Transactions are acquired by MyGate Communications (Pty) Ltd, a registered systems operator and payment gateway in South Africa.
  17. CANCELLATION POLICY
    1. Sensory Intelligence® Consulting reserves the right to cancel, postpone or change the date and time of a workshop should unforeseen circumstances occur. In the event the workshop is unable to proceed and Sensory Intelligence® Consulting cancels the workshop for any reason whatsoever, fees paid for the workshop shall be fully refunded. Sensory Intelligence® Consulting shall not be liable for any direct, or indirect, consequential or special damages that may be incurred due to such cancellation.
      Should the participant cancel their registration/participation in the workshop or is unable to attend the workshop due to any unforeseen circumstances, the following shall apply subject to the participant’s notification of such cancellation to Sensory Intelligence® Consulting in writing:
      1. Full refund: more than 30 days prior to the scheduled event
      2. 50% cancellation fee: 14 days in advance of the scheduled event, or the booking may be transferred once to an agreed future date
      3. 100% cancellation fee: 7 days in advance of the scheduled event
      4. No show will forfeit full payment with no refund, credit or transfer.
    2. Sensory Intelligence® Consulting reserves the right to amend or substitute any of the above from time to time as they deem fit.
    3. All amounts paid for any online product (i.e. Sensory Matrix™, Sensory Audit™, our self-directed learning workshops on our learning management system) or any other product/service, shall be non-refundable once paid.
  18. EXECUTION OF ORDERS
    1. Unless otherwise agreed, we will execute your order within 30 calendar days from the date of receipt thereof.
    2. Should any goods or services that have been ordered be unavailable, we will immediately notify you thereof, in which event we will reimburse you in respect of any payments made within 30 days from the date of said notification unless we agree otherwise.
    3. An automated invoice will be sent to you upon successful completion of an electronic transaction, which will contain details of the transaction.
    4. Under no circumstances will we accept returns or exchanges of goods or services, or entertain requests for refunds, except:-
      1. as may otherwise be provided for in clause 19 below; or
      2. in the case of incorrect fulfilment of your order or breakage by us or our agents, subject thereto however that you notify us within 7 calendar days from the date of delivery.
  19. CONSUMER PROTECTION PROVISIONS
    1. For purposes of this clause:
      1. “consumer” means any natural person who enters or intends entering into an electronic transaction with us as the end user of the goods or services offered by us through this website; and
      2. “affected transaction” means the provision of goods or service by us to you via this website of goods and/or services not falling within the list of goods and/or services exempted from the consumer protection provisions contained in the ECT Act in terms of section 42(2) http://www.internet.org.za/ect_act.html
    2. Consumers may return to us without penalty any goods and/or services purchased in terms of an affected transaction within 7 calendar days from the date of delivery to you, provided that:
      1. such goods and/or services are returned in their original state; and
      2. you will be liable for the actual costs or returning the item.
  20. INTERPRETATION
    1. When any number of days is prescribed in this agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls 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 public holiday.
    2. You warrant your legal capacity and authority to accept these terms of service.