“Client” refers only to those who have paid for a Professional-Client Relationship with us (see below for further clarification).
Any use of the above terminology or other words in the singular, plural, capitalization, and/or, he/she or they are taken as interchangeable and therefore as referring to same.
1. You agree that the Site and the Business, as well as all content, videos, training materials, products, shared resources, services and/or other materials (whether digital or print) made available on the Site by us or any employees, agents, affiliates or third parties, as well as the look and feel of all of the foregoing (collectively referred to as the “Content”), are maintained for your personal use and information by the Dr Kevin Lentin Brand (the “Business”) and shall remain the property of the Business and/or any third party associates or service providers.
6. While the Dr Kevin Lentin Brand uses all reasonable efforts to include accurate and up-to-date information throughout the Site, the Business makes no warranties or representations as to its accuracy. The Business thereby assumes no liability or responsibility for any errors or omissions in the content of the Site.
7. CONSENT: When you opt in, subscribe or sign up in any other way to receive any content or materials associated with the Dr Kevin Lentin Brand, or register with the Business and/or this Site, its employees, agents, affiliates or third parties, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, and/or other records or correspondence from the Business. You hereby consent to receive notices electronically by way of email communication.
8. If you send comments, feedback and/or suggestions about the Site to the Dr Kevin Lentin Brand, including but not limited to notes, text, whatsapp, sms, email, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Business. No submission shall be subject to any obligation of confidence on the part of the Business. The Business shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
11. Neither the Dr Kevin Lentin Brand nor any other party involved in creating, producing or maintaining the Site and/or any Content contained on, in or downloadable from the Site shall be liable, under any circumstances, for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of this Site and all related brand and business material and Content, whether now or in the future.
12. You hereby accept and agree that neither the Dr Kevin Lentin Brand nor any other party involved in creating, producing or maintaining the Site and/or any Content contained without limiting the foregoing, can be held liable in any way whatsoever for any Content on the Site and as expressed throughout the Business; and that all such Content is provided “As Is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose.
13. The Dr Kevin Lentin Brand expressly does not warrant or make any representations regarding the use of the materials or Content contained throughout the Site, the results of the use of such Content, the suitability of such materials and Content for any user’s needs, or the likelihood that their use of and adherence to any suggestions and/or advice will meet any user’s expectations; nor can the Dr Kevin Lentin Brand be held liable in any way whatsoever for the correctness, accuracy, reliability, representations or guarantees.
14. Your use of the Site (including the application and implementation of any suggestions or recommendations as may be set out within the Site and/or the use of any Content from the Site) does not automatically establish a Professional-Client Relationship between you and the Business or any of its associated professionals.
15. You hereby accept and understand that the Dr Kevin Lentin Brand cannot accept you as a Client unless and until we determine that there is a good fit for a beneficial partnership towards your wellness success, and until various requirements (such as payment arrangements) are agreed to and accepted by both parties in writing, including but not limited to that of email communication. Thus, you recognize, accept and agree that we have not created any Professional-Client Relationship by your use of or access to the Site.
16. You hereby acknowledge and accept all responsibility for evaluating your own growth, health and wellness potential; as well as for executing and implementing your individual wellness techniques and strategies, the time you devote to any program, coaching offer or package, any ideas and techniques as offered and utilized. SINCE THESE FACTORS DIFFER AMONG INDIVIDUALS, THE DR KEVIN LENTIN BRAND CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS WHATSOEVER AS TO YOUR SUCCESS, HEALTH OR WELLNESS.
17. ALL MARKETING, PROMOTIONS AND PROFESSIONAL-CLIENT OFFERS FOR ANY OF THE DR KEVIN LENTIN BRAND SERVICES AND/OR PRODUCTS AS A FUNCTIONAL WELLNESS COACH, MENTOR, TRAINER AND SPEAKER CONTAINED WITHIN THE SITE ARE EXPRESSLY SEPARATE FROM ANY CHIROPRACTIC PRACTICE RELATED TO DR KEVIN LENTIN AS AN INDIVIDUAL CHIROPRACTOR WHICH MAY EXIST. ALL SUCH MARKETING, PROMOTIONS AND PROFESSIONAL-CLIENT OFFERS THROUGH THE SITE IN NO WAY ENCOMPASS OR ENCOURAGE THE PROMOTION OF THE CONSTANTIA CHIROPRACTIC CLINIC SITUATED AT NO. 36 CONSTANTIA ROAD, WYNBERG, 7800, CAPE TOWN, WESTERN PROVINCE, SOUTH AFRICA.
18. You hereby understand, acknowledge and accept that any wellness coaching, training, speaking engagements and mentoring services, courses and offers as promoted through the Site on behalf of the Dr Kevin Lentin Brand in no way constitutes, whether expressed or implied, any chiropractic or medical recommendations or advice. Any such wellness coaching, training, speaking engagements and mentoring services, courses and offers as promoted through the Site and by the Dr Kevin Lentin Brand is solely and expressly intended to share information, guidance and resources for individual wellness and wholeness coaching and mentoring to individuals around the world.
19. You hereby understand, acknowledge and accept that any such wellness coaching, training, speaking engagements and mentoring services, courses and offers as promoted through the Site and the Dr Kevin Lentin Brand expressly does not supercede or replace any advice, prescriptions or recommendations as provided to you by any other healthcare or medical professional, regardless of country or origin.
20. You also hereby understand, acknowledge and accept that any such wellness coaching, training, speaking engagements and mentoring services, courses and offers as promoted through the Site does not in any way replace or alter any current, past or future medical advice as was, is or may be recommended or prescribed by any other healthcare or medical professional, regardless of country of origin.
21. You hereby accept and understand that all products and services relating to the Dr Kevin Lentin Brand contained throughout the Site and as may marketed and promoted in the future are intended for worldwide accessibility. Thus, you also hereby accept and understanding that all meetings and bookings are made in advance so as to assist Dr Kevin Lentin in the performance of his obligations across international time zones to all Clients and prospective Clients.
22. For any in-person and live events, seminars and functions of a similar nature, it is herein understood that advance notice will be given to all intended recipients of said events, seminars and functions so as to offer live, in-person attendance.
23. THE USE, ENJOYMENT, APPLICATION AND ANY ON-GOING IMPLEMENTATION OF ANY SHARED INFORMATION, RESOURCES, MATERIALS, TOOLS AND CONTENT IN A PROFESSIONAL-CLIENT RELATIONSHIP BETWEEN YOURSELF AND THE DR KEVIN LENTIN BRAND IS PERFORMED AT THE SOLE DISCRETION OF THE INDIVIDUAL RECEIVING SUCH WELLNESS COACHING, TRAINING AND/OR MENTORING.
24. The information contained throughout the Site and the resources made available to you are for education and information purposes only. Neither the information nor the resources made available to you are intended as, and shall not be understood or construed as, professional advice.
25. Any and all payments made towards the Professional-Client Relationship for the wellness coaching, training, speaking and mentoring services (whether online or in person) in no way binds you or implies any hands-on therapy in whatsoever form.
26. While the owners, representatives, agents and employees of the Dr Kevin Lentin Brand are professionals, and the information provided throughout the Site relates to matters within the Business’s area of professionalism, the information contained and offered throughout all marketing and promotions does not substitute advice from a professional who is aware of the accurate facts and circumstances concerning your individual situation.
27. CANCELLATIONS: We require a minimum of twenty four (24) hours’ notice of cancellation or postponement of an Online or In Person Meeting/Booking during the work week; and a minimum of thirty six (36) hours’ notice of the same if a cancellation or postponement is required just prior to or over a weekend following which the Meeting would occur on the next Monday.
28. These cancellations and/or postponements of previously confirmed meetings/bookings must be made to us in writing via direct email communication to firstname.lastname@example.org and not via text message or any social media platform.
29. SURCHARGES: The Business reserves the right to levy a US$40 surcharge to cover any subsequent administrative expenses.
30. REFUNDS: All fees made to us either via PayPal or via Electronic Funds Transfer (EFT) per Invoice to you are non-refundable fees. This is for any services as may have been agreed to in writing (including via email correspondence) between yourself and the Dr Kevin Lentin Brand.
31. For any refunds relating to any digital products, please email email@example.com should you be unhappy with your purchase.
32. Monies that remain outstanding after each due date as agreed to within a Professional-Client Relationship will incur a late payment surcharge at 4% of the Gross Total Amount Due at the time. We reserve the right to seek recovery of funds through a collections agency for monies remaining unpaid sixty (60) days from invoice date.
33. In such circumstances, you shall be liable for any and all additional administrative, banking and/or legal costs. Subsequently, any bookings and/or transactions as would have been due according to any Professional-Client Agreements will cease with immediate effect until such time as all monies outstanding are recovered in full.
34. The Dr Kevin Lentin Brand shall refuse any refund thirty (30) calendar days after payment has been received related to the Site, any related Content or materials, as well as for any coaching, speaking, training and mentoring services.
35. We have done our best to ensure that the content provided to you throughout all marketing and promotions efforts remains accurate and offers valuable material. However, neither the Dr Kevin Lentin Brand nor any of its employees, agents, affiliates or representatives shall be held liable or responsible in any way for any errors or omissions on the Site or for any damages you may suffer as a result of the use of this information or resources.
36. The Business does not warrant that the use of any online coaching or mentoring training or materials will be uninterrupted or error free, that defects will be corrected, or that this Site and any Content or materials made available through the Site provided direct to you by the Dr Kevin Lentin Brand are free from bugs or viruses or other harmful components. You assume all responsibility for any costs for any repairs or corrections as may be necessary.
37. PERFORMANCE: The Business shall not be responsible for any performance or service problems as may be experienced on or by any third party website, application or service provider such as your web service provider, online payment gateways such as PayPal, Stripe or PayFast, your software and/or any updates or upgrades to said software. Any such problem shall be governed solely be the agreement between you and said service provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
39. The Dr Kevin Lentin Brand reserves the right to refuse access to the Site and/or the Business Content, products and/or services to anyone in its sole discretion. The Dr Kevin Lentin Brand reserves the right to determine, in its sole discretion, whether the business is responsible for any such malfunction or disruption.
40. The Dr Kevin Lentin Brand may, in its sole discretion, refund any fees charged for the use of the Site and all related Content as well as any coaching, training, speaking and mentoring services (or a pro-rata portion thereof).
41. FORCE MAJEURE: As a Client, neither yourself nor the Business nor any other representative of or to the Dr Kevin Lentin Brand shall be held liable to the other party for failure to perform any obligation under any Agreement if caused by an event beyond our control. These events include, but aren’t limited to, riots, political or civil unrest, acts of war, terrorism, earthquakes, floods, any other Act of God or any other natural or man-made disaster outside our control. Thus, if any of the aforementioned prescribed events cause the termination of an Agreement, the affected party shall inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
42. IN NO EVENT SHALL THE BUSINESS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES (WHETHER FORESEEABLE OR NOT) INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED COACHING, SPEAKING, TRAINING OR MENTORING ADVICE OR MATERIALS, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF THE BUSINESS HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
43. You hereby accept, acknowledge and agree to indemnify and hold the Dr Kevin Lentin Brand and any of its employees, agents, affiliates or associates harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to:
a. Your breach of this Agreement
b. Any violation by you of law or the rights of any other third party
c. Any materials, resources, training, information, works and/or other Content of whatever nature or media that you post or share through the Site
d. Your use of the Site or any services that the Business provides through the Site and through individual one to one coaching and mentoring
e. Your conduct in connection with the Site or the wellness coaching, speaking, training and mentoring services, or with other users of the Site and/or services
The Dr Kevin Lentin Brand reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Business with cooperation as is reasonably requested by the Business and/or its legal representatives.
45. AFFILIATE LINKS AND ENDORSEMENTS: The Business will, from time to time, participate in affiliate marketing efforts and, as such, may allow affiliate links to be included on some of our pages, social media marketing efforts, and/or through this website. This means that we may earn a referral commission if and/or when you click on or make purchases via these affiliate links. As an internal policy, the Business will only associate with coaches, consultants, products, services and other experts whom we believe will provide you with immense value. You hereby understand, accept and agree that it remains your prerogative to investigate whether any affiliate offers are right for your business or personal goals, and if they would be of benefit to you or not. Thus, the Dr Kevin Lentin Brand and any of its representatives, agents, employees or owners remain indemnified from the outcome from such affiliate investments you may wish to undertake whether now or in the future.
46. The Business will also, from time to time, refer to other coaches, consultants, products, services or other experts. Any such reference is not automatically intended as an endorsement or statement that the information referred to is accurate, whole or complete. We provide this information purely as a reference for users of our Site, but it remains your responsibility to conduct due diligence as desired in order to verify the referred or suggested information, and to make your own determination prior to taking any further action.
47. We reserve the right to periodically make changes to the Site, and our service providers may also make improvements and/or changes to this website at any time. Neither the Business nor its service providers make any representations about the availability, suitability, reliability, timeliness and/or accuracy of the information, content, downloadable material, graphics, software, referred resources, products, programs and services contained in this website for any purpose.
48. JURISDICTION: This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the Western Cape provincial and high courts sitting in the Western Cape Province.
49. To the maximum extent permitted by applicable law, in no event shall the Dr Kevin Lentin Brand and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever – including and without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Site – with the delay or inability to use the Site or related services, the provision of or failure to provide services; or for any information, content, downloadable material, graphics, software, referred resources, products, programs and services obtained through this website or otherwise arising out of the use of the Site (whether based on contract, tort, negligence, strict liability or otherwise) even if the Business or any of its suppliers has been advised of the possibility of such damages.
50. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: 06 April 2020