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Terms of service

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This document was created using a Contractology template available at http://www.freenetlaw.com.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our LORETTA FERRUCCI’s use of cookies in accordance with the terms of LORETTA FERRUCCI’s privacy policy / cookies policy.

License to use website

Unless otherwise stated, LORETTA FERRUCCI and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or photographs, copy/share video clips from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

·         republish material from this website (including republication on another website);

·         sell, rent or sub-license material from the website;

·         show any material from the website in public;

·         reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

·         edit or otherwise modify any material on the website; or

·         redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed for personal use.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without LORETTA FERRUCCI’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without LORETTA FERRUCCI’s express written consent.

Restricted access

Access to certain areas of this website is restricted. LORETTA FERRUCCI reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at LORETTA FERRUCCI’s discretion.

If LORETTA FERRUCCI provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Loretta Ferrucci may disable your user ID and password in LORETTA FERRUCCI’s sole discretion without notice or explanation.

No warranties

 This website is provided “as is” without any representations or warranties, express or implied. LORETTA FERRUCCI makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, LORETTA FERRUCCI does not warrant that:

·         this website will be constantly available, or available at all; or

·         the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, medical or relationship matter you should consult an appropriate professional.

Limitations of liability

LORETTA FERRUCCI will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

·         to the extent that the website is provided free-of-charge, for any direct loss;

·         for any indirect, special or consequential loss; or

·         for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if LORETTA FERRUCCI has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit LORETTA FERRUCCI’s liability in respect of any:

·         death or personal injury caused by LORETTA FERRUCCI’s negligence;

·         fraud or fraudulent misrepresentation on the part of LORETTA FERRUCCI; or

·         matter which it would be illegal or unlawful for LORETTA FERRUCCI to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, LORETTA FERRUCCI has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against LORETTA FERRUCCI’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect LORETTA FERRUCCI’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as LORETTA FERRUCCI.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Loretta Ferrucci and undertake to keep LORETTA FERRUCCI indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by LORETTA FERRUCCI to a third party in settlement of a claim or dispute on the advice of LORETTA FERRUCCI’s legal advisers) incurred or suffered by LORETTA FERRUCCI arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to LORETTA FERRUCCI’s other rights under these terms and conditions, if you breach these terms and conditions in any way, LORETTA FERRUCCI may take such action as LORETTA FERRUCCI deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

LORETTA FERRUCCI may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

LORETTA FERRUCCI may transfer, sub-contract or otherwise deal with LORETTA FERRUCCI’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions [, together with privacy statement, website disclaimer, copyright notice, anti-spam policy, medical disclaimer, legal disclaimer, constitute the entire agreement between you and LORETTA FERRUCCI in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with South African law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Africa.

Privacy Policy

Effective date: December 14, 2018

Your Ideal Body (“us”, “we”, or “our”) operates the www.lorettaferrucci.co.za website (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. Our Privacy Policy for Your Ideal Body is based on the Free Privacy Policy Template Website.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.lorettaferrucci.co.za

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Cookies and Usage Data

Usage Data

We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Your Ideal Body uses the collected data for various purposes:

  • To provide and maintain the Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer care and support
  • To provide analysis or valuable information so that we can improve the Service
  • To monitor the usage of the Service
  • To detect, prevent and address technical issues

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside South Africa and choose to provide information to us, please note that we transfer the data, including Personal Data, to South Africa and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Your Ideal Body will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Legal Requirements

Your Ideal Body may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Your Ideal Body
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

 

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by LORETTA FERRUCCI.

Copyright license

LORETTA FERRUCCI grants to you a worldwide non-exclusive royalty-free revocable license to:

  • view this website and the material on this website on a computer or mobile device via a web browser;
  • copy and store this website and the material on this website in your web browser cache memory; and
  • print pages from this website for your own personal and non-commercial use.

LORETTA FERRUCCI does not grant you any other rights in relation to this website or the material on this website.   In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without LORETTA FERRUCCI’S prior written permission.

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to 4 Essex Rd, Vincent 5247, South Africa or via the contact page.

 

What is spam?

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.

LORETTA FERRUCCI has a zero-tolerance spam policy.

Automated spam filtering

LORETTA FERRUCCI’S messaging systems automatically scan all incoming email messages, and filter-out messages that appear to be spam.

Problems with spam filtering

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by LORETTA FERRUCCI’S systems.

If you believe this has happened to a message you have sent, please advise the message recipient by another means.

You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

Receipt of unwanted messages from LORETTA FERRUCCI

In the unlikely event that you receive any message from LORETTA FERRUCCI or sent using LORETTA FERRUCCI ‘S systems that may be considered to be spam, please click here to contact LORETTA FERRUCCI and the matter will be investigated.

Changes to this anti-spam policy

LORETTA FERRUCCI may amend this anti-spam policy at any time by publishing a new version on this website.

Contact me

Should you have any questions about this anti-spam policy, please click here to contact LORETTA FERRUCCI.

 

 

No warranties

This website is provided “as is” without any representations or warranties, express or implied. LORETTA FERRUCCI makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, LORETTA FERRUCCI does not warrant that:

·         this website will be constantly available, or available at all; or

·         the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any legal, financial, relationship or medical matter you should consult an appropriate professional.

Limitations of liability

LORETTA FERRUCCI will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

·         to the extent that the website is provided free-of-charge, for any direct loss;

·         for any indirect, special or consequential loss; or

·         for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if LORETTA FERRUCCI has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit LORETTA FERRUCCI’S liability in respect of any:

·         death or personal injury caused by LORETTA FERRUCCI’S negligence;

·         fraud or fraudulent misrepresentation on the part of LORETTA FERRUCCI; or

·         matter which it would be illegal or unlawful for LORETTA FERRUCCI to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, LORETTA FERRUCCI has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against LORETTA FERRUCCIofficers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect LORETTA FERRUCCI’S officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as LORETTA FERRUCCI.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.