Terms and Conditions

Deer Heart Coaching | Tarien Roux

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.

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 the privacy policy.

You may view and print pages from the website for your own personal use, subject to the restrictions below and elsewhere in these terms and conditions.

All rights are reserved, which means that you need Deer Heart Coaching’s permission to:

• • Republish materials from this website, including republication on another website
  • Sell, rent or sub-license materials from the website
  • Show any material from the website in public
  • Reproduce, duplicate, copy, or otherwise export material on this website for a commercial purpose
  • Edit or otherwise modify any material on the website
  • Redistribute material from this website, except for content specifically and expressly made available for redistribution

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 our 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 Deer Heart Coaching’s express written consent.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Deer Heart Coaching 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, Deer Heart Coaching 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 medical matter you should consult an appropriate professional. 

Deer Heart Coaching makes no representation that you will be satisfied with the results of Deer Heart Coaching’s performance, or that any particular results will be achieved by you, even if communicated to Deer Heart Coaching. If you are dissatisfied with Deer Heart Coaching’s performance under this Agreement, your sole remedy is to terminate this Agreement in accordance with the provisions hereof.

Limitations of liability

Deer Heart Coaching will not be liable to you 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 Deer Heart Coaching has been expressly advised of the potential loss.

You expressly assume the risk of coaching, including without limitation the risks in making lifestyle changes. Deer Heart Coaching and Tarien Roux, in her individual capacity, will not be liable to you or any non-party for damages arising from an act or failure to act on its part in connection with its performance under this Agreement.

Deer Heart Coaching will not be liable for special, indirect, incidental, or consequential damages, or for lost profits.

No action, regardless of form, may be brought against Deer Heart Coaching more than one (1) year, or the shortest duration permitted under applicable law if such period is greater than one (1) year, after the cause of the action has accrued.

You acknowledge that you are at least 18 years of age.

Limitation of liability shall be binding upon their estate, their heirs, next of kin, executors, administrators, representatives, successors, and assigns. It will survive any expiration or termination of this agreement.

Confidentiality 

“Confidential information” is non-public information of you, Deer Heart Coaching, or Tarien Roux, which is provided to the other party and which is either designated as confidential or of a type which should be recognised by a commercially reasonable party as confidential.   

The obligations to maintain the Confidential Information as confidential shall remain in place for so long as the applicable information is maintained as confidential by the owning party. The limitations on disclosure or use of Confidential information shall not apply to information which

• is rightfully obtained by the recipient without breach of any confidentiality obligation
• is or becomes known to the public through no act or omission of the recipient
• the recipient develops independently without using Confidential Information of the other party, or
• is disclosed in response to a valid court or governmental order, if the recipient has given the other party prior written notice (unless prohibited by law or governmental authority) and provides reasonable assistance

Appropriate authorities may be contacted should you disclose information that you are harming or endangering another individual.

Please be aware that the Coach-Client relationship is not considered a legally confidential relationship, like the medical and legal professions, and thus communications are not subject to the protection of any legally recognised privilege. Thus, unless prohibited by law, Deer Heart Coaching will only disclose confidential information if the client legally authorises the consent to do so, or in accordance with the terms and conditions of this Agreement.

Client Cooperation

You shall cooperate with your coach, Tarien Roux. At her request, you shall provide Tarien with any documents, information, or data necessary for Tarien to perform her services in a timely fashion. You shall attend sessions and for best result complete any assignments in a timely manner. 

Personal Responsibility

Coaching is not a substitute for medical treatment. You acknowledge that you are responsible for your life and wellbeing, as well as the lives and wellbeing of your family and children (as applicable), and all decisions made during and after the session. Deer Heart Coaching is not responsible for any decisions made by you as a result of coaching and any consequences thereof. You shall seek medical treatment, including without limitation psychiatric services, if needed. If you have an emergency, you shall contact a hospital or crisis center.  A coach is a mentor and guide to help clients reach their own goals. You acknowledge that Tarien Roux not acting in the capacity of a doctor, dietician, nutritionist, psychologist, or psychiatrist. 

Non-Disparagement

You shall not disparage Deer Heart Coaching or Tarien Roux. For purposes of this Section, “disparage” means any negative statement, whether written or oral, about Deer Heart Coaching, any of its websites, social media channels, services, or Tarien Roux. You acknowledge that this non-disparagement provision is a material term of this Agreement, the absence of which would have resulted in Deer Heart Coaching’s refusal to enter into this Agreement

Ownership of Deer Heart Coaching’s Intellectual Property 

Deer Heart Coaching alone will own all right, title, and interest, including all related intellectual property rights such as copyright throughout the world and moral rights, to all course materials, manuals, documents, memoranda, materials, web content, artwork, graphics and other work product created or developed by Deer Heart Coaching and/or in the course of providing coaching services to you (“Deer Heart Coaching’s Intellectual Property”). Deer Heart Coaching hereby grants you a license to use Deer Heart Coaching’s Intellectual Property for your individual use only in connection with receiving coaching services. You shall not use any of Deer Heart Coaching’s Intellectual Property for your business. You shall not share, copy, distribute, or otherwise disseminate Deer Heart Coaching’s Intellectual Property without Deer Heart Coaching’s prior written consent.  You shall not sell, distribute, sublicense, assign, or otherwise transfer any of Deer Heart Coaching’s Intellectual Property and any such purported or attempted sale, distribution, sublicense, assignment, or transfer will be null, void, and of no force or effect whatsoever.

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.

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 Tarien Roux and undertake to keep her indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by Deer Heart Coaching 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 Deer Heart Coaching other rights under these terms and conditions, if you breach these terms and conditions in any way, Deer Heart Coaching may take such action as Deer Heart Coaching 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.

Modification

Deer Heart Coaching may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the 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

Deer Heart Coaching may transfer, sub-contract, or otherwise deal with Deer Heart Coaching’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.

Entire Agreement

These terms and conditions, in addition to any waiver and privacy policy, constitute the entire agreement between you and Deer Heart Coaching with respect to the subject matter of this Agreement and supersedes all other agreements, whether written or oral, between the parties.

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.