Terms and Conditions
1. Definitions
1.1 “User” means any person who accesses or uses the website of Vincent Cubitt.
1.2 “Vincent Cubitt’s Website” means the website displaying the official content as authorised by Vincent Cubitt.
1.3 “Vincent Cubitt” refers to transformational guide – Vincent Cubitt.
1.4 “The Establishment” refers to the establishment of Vincent Cubitt.
1.5 “Website” and “Website Content” refers to all the text, images or auditory content that is experienced as part of the User experience on the following domain: https://vincentcubitt.com.
2. Permitted Use and License
2.1 By accessing Vincent Cubitt’s Website, the User agrees to the terms and conditions listed herein and all applicable laws that are governed by the laws of South Africa.
2.2 The website content may not be used for any commercial or non-private use without the prior written consent of Vincent Cubitt.
2.3 Users may only access and use the website for lawful purposes.
2.4 Vincent Cubitt’s Website permits the User to view and print the content of the website, provided that such content is only used for educational, personal or non-commercial purposes.
2.6 Users are not allowed to reproduce, adapt, post, upload, copy, reuse, publish, retransmit, modify, frame, broadcast or distribute any of the website content in any way without the prior written consent of Vincent Cubitt.
3. Intellectual Property, Domain and Website Content
3.1 All Website content remains the sole property of the relevant content owner and is protected under all relevant copyright, patent, trademark and other applicable laws.
3.2 All intellectual property on the website, including but not limited to domain names, trademarks, text, patents, software, graphics, design elements, icons and hyperlinks are the property of Vincent Cubitt and are protected from infringement by domestic and international legislation.
3.3 Nothing on the website should be construed as granting any licence or right to distribute content without the express written consent of Vincent Cubitt.
4. Waiver
4.1 While Vincent Cubitt will make reasonable endeavours to ensure that the content on the website is correct and reliable, inaccuracies might occur. The User should therefore be aware of and acknowledge that:
4.1.1 use of the website is at the User’s own risk;
4.1.2 the website is provided to the User “voetstoots” or “as is”.
4.1.3. the User is also prohibited from accessing any unauthorized pages on the website, modifying or uploading any unauthorized content, creating additional hyperlinks, defacing, deleting, altering or amending content on Vincent Cubitt’s Website.
5. Severability of Terms and Conditions
Should a section of these Terms and Conditions be determined by any court or other competent authority to be unlawful or unenforceable, the other sections of these Terms and Conditions will continue in effect. If any unlawful or unenforceable section would be lawful or enforceable if a part of it was deleted, then that part will be deleted, and the rest of the section will continue in effect, in line with the permissible laws of South Africa.
6. Website Hyperlinks
6.1 The Website might provide hyperlinks to other websites from time to time that is not controlled by Vincent Cubitt. Any such links do not imply the endorsement, agreement or support of the content of such other sites by Vincent Cubitt.
6.2 Downloading material from these sites might risk infringing intellectual property.
6.3 It is the responsibility of the User to ensure the authenticity of any website which might be hyperlinked to Vincent Cubitt’s Website prior to making use of such hyperlinks.
6.4 The Establishment is not responsible for ensuring that hyperlinks are in working order.
7. Website Security
7.1 Although Vincent Cubitt acknowledges that a 100% secure online environment is unattainable, The Establishment is committed to taking reasonable security measures to safeguard the content of its website.
7.2 The User’s privacy is very important to Vincent Cubitt and The Establishment. Any information provided to Vincent Cubitt is therefore stored in a secure location.
7.3 Vincent Cubitt can disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
7.4 Vincent Cubitt does not sell or rent personal information about individuals such as names, addresses, email addresses, telephone numbers or fax numbers to any third parties.
7.5 Vincent Cubitt will collate the information which Users give to The Establishment to provide the Users with his services.
7.6 Vincent Cubitt may also use such information to inform Users about changes in the services that Vincent Cubitt offers or about features that may be of interest to Users. By providing Vincent Cubitt with this information, Users consent to Vincent Cubitt’s use of such information for these purposes and for the purposes outlined in Vincent Cubitt’s Privacy Policy, including processing User requests.
7.6 Please refer to the Privacy Policy for any further information regarding The Establishment’s treatment of a User’s personal information.
8. Disclaimer and Limitation of Liability
8.1 The information contained on Vincent Cubitt’s Website is for information purposes only and is not intended as professional advice due to the fact that circumstances will vary from person to person.
8.2 The Establishment is not liable for the actions of Users of Vincent Cubitt’s Website.
8.3 The Establishment is not liable to Users for any information posted on Vincent Cubitt’s Website.
8.4 By using Vincent Cubitt’s Website, a User defends, indemnifies and holds harmless its lawful employees, agents and representatives from all damages, losses and expenses, including legal expenses arising from the following any claims for the infringement of intellectual property rights, defamation to any material the User may send to Vincent Cubitt’s Website; any claims, cost, loss, damage or expense, whether directly or indirectly, whether monetary or otherwise, which any person might suffer as a result of or in consequence of the use of or reliance of any information or material provided for on Vincent Cubitt’s Website; the User’s breach of any provisions of these terms and conditions of Vincent Cubitt’s Website; The Establishment, its agents, employees and representatives are further indemnified in respect of any costs, losses, damages or expenses which any person might suffer as a result of entering into any transaction with any third party, including Vincent Cubitt, its lawful agents, employees and representatives as a result of or in consequence of the reliance on any information contained on Vincent Cubitt’s Website or any related site.
In no event shall The Establishment and its lawful agents and representatives referred to in this website be liable for any damages of whatsoever nature, whether for bodily, moral or material injury, including, without limiting, indirect, punitive, incidental and consequential damages, costs, loss of profits, expenses, damage resulting from lost data or business interruption resulting from the use or inability to use Vincent Cubitt’s Website and the material contained herein, whether based on warranty, contractual or extra-contractual liability, any other legal matters, and whether or not The Establishment, its lawful agents, employees and representatives are advised of the possibility of such damages.
9. Deletion or Correction of Content
Website Users should report any inaccurate, illegal or harmful content appearing on Vincent Cubitt’s Website, in which case Vincent Cubitt will undertake to correct or remove any such content as soon as The Establishment becomes aware of it.
10. Whole Agreement
10.1. The Terms and Conditions set out herein constitute the whole agreement between the User and The Establishment and shall take precedence over any disclaimer or legal notices attached to any communications received by The Establishment from the User.
10.2. Any failure by The Establishment to exercise or enforce any rights or provisions shall not constitute a waiver of such rights or provisions.
10.3. To the extent permissible by the law of South Africa, The Establishment shall not be bound by any express or implied representation, term, warranty, promise or the likes not recorded herein.
10.4 No amendment of these Terms and Conditions or any provision or term hereof or of any other conditions contained on this website will be binding unless made by and recorded in writing by The Establishment.
11. Applicable Law
Vincent Cubitt’s Website is hosted, controlled and operated from within the Republic of South Africa and is thus governed by South African law.
12. Legal Jurisdiction
The High Court of South Africa will have full jurisdiction with regard to any legal proceedings arising in terms of this Agreement.
13. Legal Costs
The Establishment will not be liable for any legal costs and expenses incurred by the User to obtain professional advice relating to these Terms and Conditions.
14. Breaches
Should the User breach any Terms and Conditions of this website, The Establishment will be entitled to its rights in the Terms and Conditions or in law to claim damages from the User or to commence with criminal proceedings.