Data protection declaration:
We are delighted that you have shown interest in Jacques van Blerk Biokineticist. Data protection is of a particularly high priority for This privacy notice explains how we process your personal information when you visit our. It explains how we will protect your information and personal data, and the controls and safeguards we provide for this data. This includes understanding, at all times, precisely what data we are storing for and about you, who (if anyone) can see that data, and whether you give permission for that data to be shared with third parties. The processing of personal data, such as the name, address, e-mail address, or telephone number shall be in line with the Protection of Personal Information Act (POPIA). By means of this data protection declaration, we would like to inform you of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
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Topics
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Who we are? • The information we collect about you, why we need it and who it’s shared with?
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Our website uses cookies, this is what they do, and this is how you can stop them
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Access to your personal data and rights to correct, restrict or delete that data
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Other websites
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How long we keep your data
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How to contact us or make a complaint
Who are we?
Jacques van Blerk Biokineticistis a solus practice of which the principal business is rendering of biokinetics services, with special interest in musculoskeletal, orthopaedic and sporting injuries.
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The information we collect about you, why we need it and who it’s shared with?
The personal data we may collect from you and process is:
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The personal data we collect will be used for the following purposes:
In order for us to provide you with membership and related services (including the signposting of, events, products and/or services) we need to collect personal data for correspondence purposes and service provision. In any event, we are committed to ensuring that the information we collect, and use, is appropriate for this purpose and does not constitute an invasion of your privacy.
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The legal basis for the processing of your personal data:
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Our legitimate interests as a data controller
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The processing is necessary to fulfil a contract/enter into negotiations for a contract of consent
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Processing through use of our Legitimate Interests
Where the processing of personal data is based on the POPI Act, the legitimate interests we pursue are to carry out a business in favor of the well-being of all our members, employees, shareholders and for the good of the membership sector. We consider that membership and association professionals rely on being kept up to date about new and existing products or services, as well as industry best practice advice in order to help them achieve their objectives. Marketing is generally seen as an important tool, but we want to respect the wishes of you, the recipient of our marketing. Under POPI you have an absolute right to object to direct marketing and if you wish to do so please contact jvbbios@gmail.com .We will only process your personal data on these grounds if we have determined that our services are 'professionally relevant' to you. Material that we send to you may be relevant based on your profile, because of the type, size or location of the organisation that you work in, or because you are the right post-holder for a certain set of decisions based on factors like your role, seniority, and responsibilities.
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We believe that the recipients of our marketing have a reasonable expectation that Jacques van Blerk Biokineticist will process their Personal Data. The likelihood of impact and the severity of negative impact of our processing on your data has been preliminary assessed and deemed to be negligible.
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Where we store information collected about you?
We may transfer your information to our data processors within and outside the South African Area but will do so with appropriate measures and controls in place to protect that information in accordance with applicable data protection laws and regulations and regulatory guidance. In all instances, we will take into account the nature of the information we are transferring, and the level of protection provided by those processors.
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Contractual Processing:
Where the processing of personal data is based on the performance of a contract, members of Jacques van Blerk Biokineticist, agree that processing takes place to fulfil an ongoing membership contract with its associated terms and conditions. This means, for example, we will collect, store, structure and use your personal information for the transmission of digital communications related to the administration of your membership.
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Processing using Consent:
There are certain circumstances, particularly in regards electronic marketing communications that fall within the Privacy and Electronic Communication Regulations; where we are likely to need consent from you in order to process your data. If this is the case, we will ensure that the consent that you provide is by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of your agreement to the processing of personal data relating to you. The data we hold about you may have originated from joining the . community; attending a conference or event, or information you have supplied via our online community. You may withdraw consent at any time by requesting to unsubscribe via the following email address jvbbios@gmail.com.
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Who your information is shared with?
Jacques van Blerk Biokineticist will share your personal data with third parties for the purposes of essential member service processing. The following third parties will receive your personal data for the following purpose(s) as part of the processing activities.
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Our website uses cookies, this is what they do, and this is how you can stop them:
You do not have to give us any personal data in order to use this website. However, you may provide us with personal data by completing forms on this website or by contacting us by telephone or email. When you visit this website, we will automatically collect the internet protocol (IP) address of the device used by you to visit this website as well as the type of the device, browser version and time zone setting. This will enable us to identify you as a unique user for analytical purposes and to optimize our website for your device. This data does not allow us to, and we will not attempt to use this data to, identify you. Anonymized information relating to website visits may be shared with approved stakeholders.
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Cookies:
This website uses small text files, called cookies, which are automatically stored on your device when you access and use certain features of this website. As cookies are unique, we can use them to distinguish you from other users. To find out more about cookies, how to refuse them and how to change your device’s cookie settings, you should visit All About Cookies. Please note that if you refuse to accept cookies or change your device’s cookie settings, you may not be able to use all of this website’s features. Data collected from the use of cookies does not allow us to, and we will not attempt to use this data to, identify you. The categories of cookies used by this website are as follows: Strictly necessary cookies – cookies that are required for the operation of this website and its features, such as accessing secure areas of this website Performance cookies – cookies that allow us to recognize new and returning users to this website and to track how they navigate around it to help us improve this website The cookies used by this website are as follows: Google Analytics These cookies are used by the Google Analytics service to identify unique visitors to this website, where they came from, which pages they visit and how long they spend on it. Further information can be found in the Google Privacy Policy.
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Source Cookie Description:
Utma - This cookie creates a unique ID when a new visitor browses our website. It helps us to assess the number of new visitors to our site, and also identify whether we are receiving repeat visitors, too.
Utmb- These two cookies help us measure a visitor's session, giving us data on what time visitors arrive and how long they spend browsing our website.
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Utmc- Google Analytics utmz This cookie gives us information about how a visitor got to our site (e.g. Google Search, referral site, social media, direct URL, etc.) and also which pages they viewed after they arrived.
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Double Click - This cookie collects anonymized Ad Views, Analytics, Browser Information, Date/Time, Demographic Data, Hardware/Software Type, Internet Service Provider, Interaction Data, Page Views, Serving Domains)
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Audiences - This cookie collects anonymous data (Ad Views, Analytics, Browser Information, Cookie Data , Date/Time, Demographic Data, Hardware/Software Type, Internet Service Provider, Interaction Data, Page Views , Serving Domains)
Relic- Anonymous (Analytics, Browser Information, Cookie Data , Date/Time, Demographic Data, Hardware/Software Type, Interaction Data, Page Views , Serving Domains)
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Most browsers allow you to refuse to accept cookies; for example: In Internet Explorer you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced"; In Firefox you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and In Chrome you can block all cookies by accessing the "Customize and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading. Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our website.
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Access to your personal data and rights to correct, restrict or delete that data
At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights: Right of access – you have the right to request a copy of the information that we hold about you free of charge Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete. Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records. Right to restriction of processing – where certain conditions apply to have a right to restrict the processing. Right of portability – you have the right to have the data we hold about you transferred to another organisation. Right to object – you have the right to object to certain types of processing such as direct marketing. Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling. Right to judicial review – in the event that refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined below All of the above requests will be forwarded on should there be a third party involved in the processing of your personal data.
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Other websites
On occasion our website will contain links to other websites. This privacy policy only applies to the Jacques van Blerk Biokineticist website. When you link to other websites you should read their own privacy policies.
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Changes to our privacy policy
We keep our privacy policy under regular review, and we will place any updates on this web page. This privacy policy was last updated on 09 September 2023.
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How long we keep information collected about you?
Any information provided by you will be retained for as long as necessary in connection with the purposes for which it was provided, for example, to respond to your enquiry. In respect of any contact information stored within our customer relationship management (CRM) system, we will delete your details upon request. Any information collected as part of an application for membership will be stored for the term of an individual’s term of membership and 6 months thereafter. Any information collected about you or your activity through the use of cookies will be retained for the time periods necessary for our marketing team to report thereon.
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How to contact us in regard to your rights or make a complaint?
In the event that you wish to make a complaint about how your personal data is being processed by (or third parties above), or how your complaint has been handled, you have the right to lodge a complaint directly with our data protection officer: jvbbios@gmail.com
Data Type
Name and Surname
Mobile Number
Email Address
Source
Online Contact Form
Online Contact Form
Online Contact Form
Organisation
Bookme
Dropbox
Exercise Pro Live
Purpose
Booking Appointments
Data Backups
Exercise Programs
Country
South Africa
International
International
Cookie Policy
Please read this cookie policy carefully before using Jacques van Blerk Biokineticist’s website ") operated by us.
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What are cookies?
Cookies are simple text files that are stored on your computer or mobile device by a website’s server. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier, website’s domain name, and some digits and numbers.
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What types of cookies do we use?
Necessary cookies: Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account.
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Functionality cookies: Functionality cookies let us operate the site in accordance with the choices you make. For example, we will recognize your username and remember how you customized the site during future visits.
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Analytical cookies: These cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the website.
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How to delete cookies?
If you want to restrict or block the cookies that are set by our website, you can do so through your browser setting. Alternatively, you can visit www.internetcookies.org, which contains comprehensive information on how to do this on a wide variety of browsers and devices. You will find general information about cookies and details on how to delete cookies from your device.
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Contacting us
If you have any questions about this policy or our use of cookies, please contact us.
Website Use Terms and Conditions:
Welcome to the official websitye of Jacques van Blerk Biokineticist. This website is managed by Jacques van Blerk (hereinafter referred to asJacques van Blerk Biokineticist or “we” or “us” or “our”).
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THESE TERMS OF USE ARE APPLICABLE TO YOUR ACCESS AND USE OF THIS PORTAL. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PORTAL AS BY USING THIS PORTAL, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE.
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1. Introduction:
1.1 – Jacques van Blerk Biokineticist was established in 2010 and is accessible at www. . These terms of use (“Terms”) apply to any person who:
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1.1.1 – browsers, uses, accesses, refers to, views and/or downloads the information made available by us on the portal’s content; and/or makes any information available to us via the portal; and/or
1.1.2 – is or has applied to be part of our membership programme. Regardless of the device which you use to access the portal, including, but not limited to, internetconnected mobile devices and tablets.
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2. Your acceptance of the Terms:
2.1 – When using, accessing, browsing, referring to, viewing, and/or downloading content, you are entering into a legally binding contract with upon these Terms.
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2.2 – These Terms apply to the entire contents of the portal and to any correspondence between us and you. Using, accessing, browsing, referring to, viewing, and/or downloading the content displayed on the portal for any purpose indicates that you have read, understood and accept these Terms and agree to be bound by them. If you do not agree to these Terms, please refrain from using, accessing, browsing, referring to, viewing, and/or downloading the content displayed on this portal.
3. Changes and modifications to the Terms, Portal and/or Content:
3.1 – We may, at any time, in our sole and absolute discretion, do any of the following without prior notice:
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3.1.1 – change these terms
3.1.2 – change or remove content accessible on the portal
3.1.3 – change or discontinue any aspect of the portal or services accessible on the portal; and/or
3.1.4 – change the software and/or hardware required to access and use the portal.
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3.2 – Your continued access or use of the portal, content and/or services will be subject to the terms in force at the time of your access or use. If you do not agree with any updates, amendments, or modifications, you may discontinue the use of the portal, content and/or services.
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4. Permitted use and prohibited conduct:
4.1 – We hereby authorise you to view, copy, download to a local drive, print and distribute the content of the portal, or any part thereof, provided that:
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4.1.1 – such content is used for non-commercial purposes only
4.1.2 – any reproduction of the content available on or through the portal, or any part thereof, must not infringe our intellectual property rights or the intellectual property rights of third parties, and all copies must include the following copyright notice: © . ALL RIGHTS RESERVED; and
4.1.3 – your use of the content is in accordance with these Terms
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4.2 – You must not, directly or indirectly, do any of the following things:
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4.2.1 – perform any action that violates these Terms, or any guidelines or policies posted by us
4.2.2 – use the portal for hacking, spoofing, cracking, phishing or spamming or any other activity aimed at achieving similar purposes
4.2.3 – perform any action which is illegal, fraudulent or violates or infringes any of our rights or the rights of third parties, including intellectual property rights
4.2.4 – use any technology or other means to access, index, frame or link to the services (including the content) in a way that is not expressly authorized by us
4.2.5 – collect or process information in violation of our Terms; or
4.2.6 – interfere with any other person’s use and enjoyment of the services, the portal, or the content.
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4.3 – Any restrictions on the use of the portal or the content shall also apply to any part of the portal or the Content which may be cached when using the portal or the Content.
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4.4 – We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any content in breach of the Terms.
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5. Availability of the portal:
5.1 – While we endeavour to ensure that the portal is normally available 24 hours a day, we shall not be liable if, for any reason, the portal is unavailable at any time or for any period.
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5.2 – Access to the portal may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Paragraphs 5.1 and 5.2 have important legal consequences for you. In this paragraph: the legal responsibilities and liabilities of Jacques van Blerk Biokineticist are excluded or limited ; and any rights you have against us are limited or excluded. We make no promises that the portal or the content will always be available or that the portal or content will be available without interruption. As such, should you suffer losses because of the portal or content being unavailable you will not hold us liable. You will not take action against us if you suffer losses or damages as a result of the Website or Content being unavailable.
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6. CPA, POPI and other laws:
6.1 – If these Terms (or any contract governed by these Terms) or the content provided and/or made available on the portal are regulated by or subject to the consumer Protection Act No 68 of 2008, as may be amended from time to time (the “Consumer Protection Act”), the Protection of Personal Information Act, 4 of 2013 (“POPI”) or other laws, it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act, POPI or such other laws. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPI and such other laws are complied with.
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6.2 – No provision of these Terms (or any contract governed by these Terms):
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6.2.1 – does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption
6.2.2 – requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
6.2.3 – limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act, POPI or other applicable laws (to the extent applicable) or which we give under the Consumer Protection Act, POPI, or other applicable laws (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
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7. Access to technology and the internet:
7.1 – We will not be responsible for your inability to access the portal, services and content due to limitations specific to your personal computers, mobile phones, and other similar devices (“Access Device”). To access the content, you must have an access device, which is able to connect to the Internet and to receive content.
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7.2 – You, at your own cost, are responsible for obtaining and maintaining the access device, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, hardware, software, systems, and the like, needed to access the internet or to use the service.
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7.3 – We are not responsible for any Internet access charges, service provider charges and data usage charges. These charges must be paid by you or the owner of the Access Device.
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7.4 – We will not be responsible for your inability to access the portal, service and content due to limitations specific to your access device. Paragraphs 7.1 to 7.4 have important legal consequences for you. In these paragraphs: our legal responsibilities are excluded or limited; you take on responsibilities and liability; and any rights you have against us are limited or excluded. You are responsible for ensuring that your access device has the necessary software and capabilities to access the content and that you have access to the technology to use the portal. It is your responsibility to make sure that you pay all Internet and data charges. We will not be responsible or liable for any of these charges, or if you cannot access the portal, services or content.
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8. Links to and from other websites:
8.1 – The portal and content available on or through the portal may contain links to other third-party websites, which are completely unrelated to us or our portal. If you link to third party websites, you may be subject to those third-party websites’ terms and conditions and other policies.
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8.2 – Links to third party websites on the portal are provided solely for your convenience. If you use these links, you leave the Jacques van Blerk Biokineticist website . We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this portal, you do so entirely Paragraphs 8.1 and 8.2 have important legal consequences for you. In these paragraphs: our legal responsibilities are excluded or limited; you take on responsibilities and liability; and any rights you have against us are limited or excluded. We are not liable if you suffer losses or damages when visiting another third-party website by following a link to that website from our portal. You accept that there may be risks when you use such third-party websites, and you do so at your own risk.
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9. Competitions:
Jacques van Blerk Biokineticist may run competitions and promotions on this portal or on social media.The terms and conditions relating to such competitions and promotions will be disclosed on the portal or in other communications made available to you.
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10. Intellectual property rights:
10.1 – The Content we make available to you through the portal is owned by, or licensed to us, and as such, is protected from infringement by domestic and international law, including intellectual property law. Subject to the rights afforded to you herein, all our rights, including intellectual property rights, in content displayed on the portal, are expressly reserved.
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10.2 – You must not use the portal or the content in any way that constitutes a violation of any law (including intellectual property law), or an infringement of our rights (including the intellectual property rights), the rights of our licensors or any third party.
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10.3 – All intellectual property rights, including all rights, title and interest in and to the portal and content, of whatsoever nature existing now and, in the future, remain our absolute property and that of our licensors.
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10.4 – You will not, at any time, acquire any rights, title, ownership or interest, including any intellectual property rights, in or to the portal or the content other than those rights expressly granted to you in these Terms.
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10.5 – Where any of the content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.
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11. Electronic communications By using the portal or communicating with us by electronic means, you consent and acknowledge that all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
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12. Disclaimer:
12.1 – While we endeavour to ensure that the information on the portal is correct, we do not warrant the accuracy and completeness of the material on the portal. We may make changes to the material on the portal at any time without notice. The material on the portal may be out of date, and in this regard, we make no commitment to update such material.
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12.2 – The material on the portal is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the portal on the basis that we exclude all representations, warranties, conditions and other terms whatsoever, including (without limitation) any representations, warranties or conditions as to the operation, integrity, compatibility, availability or functionality of the portal or content, which, but for the legal notice set out in this paragraph 12, might have effect in relation to the portal. Paragraphs 12.1 and 12.2 are important legal consequences for you. In these paragraphs: our legal responsibilities and liabilities are excluded or limited; any rights you have against us are limited or excluded; and you take on the responsibility and risk. There are things that may go wrong when you use the portal and Jacques van Blerk Biokineticist will not be responsible or liable for anything that goes wrong. You use the portal knowing and accepting that things can go wrong and there are risks. We make no promises that the content will be free from errors or that the portal or content is suited for your needs. The content cannot be relied upon to be true or accurate. As such should you suffer losses for relying on this content you will not be able to hold us liable. You will not be able to take action against us if you suffer losses or damages in these circumstances.
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13. Data protection:
13.1 – We collect personal information from you, and you may submit personal information to us. We will handle the collection, processing and storage of your personal information in accordance with our Protection of Personal Information Act.
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13.2 – By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in the POPI ACT.
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14. Linking and framing It is expressly prohibited for any person, business, entity, or website to frame any page on the portal, including the home page, in any way whatsoever, without our prior written approval.
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15. Agreements in terms of section 21 of the Electronic Communications and Transactions Act:
15.1 – No information or data on the portal is an offer but merely an invitation to do business.
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15.2 – No agreements shall be concluded merely by sending a data message to the portal or its owners, and valid agreements require an acknowledgement of a receipt from us.
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16. Searching technology:
The use of non-malicious search technology, such as “web-crawlers” or “webspiders”, to search and gain information from the portal is not permitted if such technology will result in slowing down the portal server or copyright infringement of any content available on or through the portal.
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17. Liability:
17.1 – Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, and to the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the portal or the services or content provided from and through the portal. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the portal are free from errors or omissions or that the service will be 100% uninterrupted and error free.
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17.2 – The portal is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the content available on or through the portal will meet your individual requirements and be compatible with your hardware and/or software.
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17.3 – Information, ideas and opinions expressed on the portal should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the portal.
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17.4 – Neither Jacques van Blerk Biokineticist nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the purchase of any third-party products or services, or from the use of or inability to use any third-party products or services linked to, from, or advertised on our portal.
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17.5 –Jacques van Blerk Biokineticist shall not be held liable for any comments or postings you make on any of our social media platforms, including, but not limited to our Facebook page or via our Twitter or Instagram accounts for any content posted on the portal. We do not editorially control such comments or posting and therefore cannot be held liable for illegal or unconstitutional content (including, but not limited to defamatory, threatening, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, or blasphemous, comments or postings). Paragraphs 17.1 to 17.5 have important legal consequences for you and must be read carefully. In these paragraphs: our legal responsibilities and liabilities are limited or excluded; the rights or remedies you may have against us are limited or excluded; and you take on the responsibility and risk. There are things that may go wrong when using the Internet. We are not responsible or liable for anything that goes wrong. You use the Website knowing and accepting that these things can go wrong and that there are risks. We make no promises that the content be free from errors or that the portal or content is suited for your particular needs. The content cannot be relied upon to be true or accurate. None of the content can be considered our opinions or the opinions of our agents or representatives. If you purchase goods or services on third party websites which you have linked to via the portal, will not be liable for any losses you may suffer from your use of or inability to use the goods or services you purchased. You will not be able to take action against us if you suffer a loss or damages in these circumstances.
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18. Indemnity:
18.1 – As far as the law allows, you indemnify us and agree to hold us, our affiliates and our suppliers accountable against any loss, liability, costs, and damages which we or they may suffer from a claim, where the claim results from:
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18.1.1 – your use and access to the portal, content and/or the services 18.1.2 – you are infringing or misusing any rights of any persons, including intellectual property rights in relation to the portal or content
18.1.3 – your violation of these Terms; or any comments or postings you may make on any of our social media platforms Paragraph 18.1 is important and must be read carefully. It limits or excludes our legal responsibilities and liability; limits or excludes the legal responsibilities and liability of various persons or entities; places legal responsibilities and liabilities and risks on you . In certain instances , Jacques van Blerk Biokineticist, or other persons or entities may have claims for damage caused by you, for example, when you infringe the intellectual property rights of others, make defamatory, threatening, or discriminatory comments on any type of media, or violate any of these Terms. You agree to take on responsibility and liability for losses and damages Jacques van Blerk Biokineticist or other persons or entities may suffer, as far as the law allows us to pass this responsibility and liability on to you. You will not be able to take action against us if you suffer losses or damages in these circumstances. Your violation of these Terms; or any comments or postings you may make on any of our social media platforms.
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19. Severability:
19.1 – These Terms constitutes the agreement between you and us in respect of your access to and use of the portal. Any failure by us to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.
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19.2 – In the event that any term or condition of the use of the portal is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
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20. Waiver:
Any failure by us to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.
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21. Applicable and governing law:
Jacques van Blerk biokineticist is hosted , controlled and operated from the Republic of South Africa, and thus South African Law governs the use or inability to use the portal and these Terms.