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WEBSITE AND VICI TERMS OF USE

(Version last updated : 12 September 2023)

IMPORTANT NOTICE

  1. These terms and conditions govern your use of this website as well as the use of VICI as an artificial intelligence enabled platform (“VICI”) designed to assist you with the process of making decisions, as made available to you by AI Coaching (Pty)Ltd.
  2. By using this website and/or VICI, you accept these terms and conditions in full.
  3. You may use VICI for personal use only.
  4. You may not use VICI to offer services or any form of advice to any other person.s
  5. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website or VICI.
  6. If you are younger than 18 years of age, parental consent or the consent of your legal guardian will be required for the use of VICI specifically, unless you are able to show that you have the legal right to act without your parent or guardian’s consent.
  7. We may amend or update these terms from time to time. We will notify you of such amendments prior to them becoming effective. The amended terms will govern your continued use of this Website as well as VICI after the effective date of such amendment. YOUR CONTINUED USE OF THIS WEBSITE AND VICI AFTER HAVING BEEN NOTIFIED OF AMENDED TERMS SHALL BE DEEMED TO CONSTITUTE AN ACCEPTANCE OF THE AMENDED TERMS.
  8. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

 

LICENSE TO USE WEBSITE AND THE VICI

  1. Unless otherwise stated, AI Coaching (Pty)Ltd and/or its licensors own the intellectual property rights in this website and material on the website and on VICI.
  2. Subject to the license below, all these intellectual property rights are reserved.
  3. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
  4. 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 where content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within VICI application environments.

 

ACCEPTABLE USE

  1. You must not use this website or VICI in any way that causes, or may cause, damage to the website or VICI or impairment of the availability or accessibility of the website or VICI; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  2. You must not use this website of VICI 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.
  3. 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 our express written consent.
  4. You must not use this website or VICI to transmit or send unsolicited commercial communications.
  5. You must not use this website or VICI for any purposes related to marketing without AI Coaching (Pty) Ltd’s express written consent.
  6. When using VICI, you will have the option of communicating with VICI through various mediums or platforms not affiliated to AI Coaching (Pty)Ltd (“Third Party Communication Channels”). It is your responsibility to enable your use of such Third-Party Communication Channels, and to abide by any terms and conditions issued by third party vendors which are applicable to such use.

 

USER CONTENT

  1. In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website or to VICI, for whatever purpose.
  2. You grant to AI Coaching (Pty) Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to AI Coaching (Pty) Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.
  3. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or AI Coaching (Pty) Ltd or a third party (in each case under any applicable law).
  4. You must not submit any user content to the website or VICI that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
  5. AI Coaching (Pty) Ltd reserves the right to edit or remove any material submitted to this website or VICI, or stored on our servers, or hosted or published upon this website.

NO WARRANTIES

  1. This website as well as VICI is provided “as is” without any representations or warranties, express or implied.
  2. AI Coaching (Pty) Ltd makes no representations or warranties in relation to this website, VICI or the information and materials provided on this website or VICI.
  3. Without prejudice to the generality of the foregoing paragraph, AI Coaching (Pty) Ltd does not warrant that:
  • This website or VICI will be constantly available, or available at all; or
  • The information on this website or VICI is complete, true, accurate or non-misleading.
  1. Nothing on this website or on VICI constitutes, or is meant to constitute, advice of any kind.
  2. If you require advice in relation to any specific matter you should consult an appropriate professional.

 

LIMITATIONS OF LIABILITY

  1. AI Coaching (Pty) Ltd 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 or VICI:
  • 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.
  1. These limitations of liability apply even if AI Coaching (Pty) Ltd has been expressly advised of the potential loss.

 

EXCEPTIONS

  1. Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit AI Coaching (Pty) Ltd ’s liability in respect of any matter which it would be illegal or unlawful for AI Coaching (Pty) Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

REASONABLENESS

  1. By using this website and/or VICI, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable.
  1. If you do not think they are reasonable, you must not use this website or VICI.

OTHER PARTIES

  1. You accept that AI Coaching (Pty) Ltd has an interest in limiting the personal liability of its officers and employees.
  2. You agree that you will not bring any claim personally against AI Coaching (Pty) Ltd officers or employees in respect of any losses you suffer in connection with the website or VICI.
  3. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect AI Coaching (Pty) Ltd officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as AI Coaching (Pty) Ltd.

 

UNENFORCEABLE PROVISIONS

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

INDEMNITY

You hereby indemnify AI Coaching (Pty) Ltd and undertake to keep AI Coaching (Pty) Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by AI Coaching (Pty) Ltd to a third party in settlement of a claim or dispute on the advice of AI Coaching (Pty) Ltd ’s legal advisers) incurred or suffered by AI Coaching (Pty) Ltd 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 AI Coaching (Pty) Ltd  other rights under these terms and conditions, if you breach these terms and conditions in any way, AI Coaching (Pty) Ltd may take such action as AI Coaching (Pty) Ltd deems appropriate to deal with the breach, including suspending your access to the website and/or VICI prohibiting you from accessing the website and/or VICI, blocking computers using your IP address from accessing the website and / or VICI, contacting your internet service provider to request that they block your access to the website and/or VICI and/or bringing court proceedings against you.

 

ASSIGNMENT

  1. AI Coaching (Pty) Ltd may transfer, sub-contract or otherwise deal with AI Coaching (Pty) Ltd ’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
  2. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

SEVERABILITY

  1. 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.
  2. 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, in addition to any waiver and privacy policy, constitute the entire agreement between you and AI Coaching (Pty) Ltd in relation to your use of this website as well as VICI, and supersede all previous agreements in respect of your use of this website and/or VICI.

 

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with South Africa’s Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of South Africa.

 

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