Privacy, Terms and Conditions and Acceptable Use Terms

LAST UPDATED: 11/01/2021

1. General

1.1. These terms and conditions are the contract between you and the owner(s) of emiledutoit.co.za, emiledutoitonline.com and toolsforhealthandwellness.com (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

1.2. We are emiledutoit.co.za, emiledutoitonline.com and toolsforhealthandwellness.com, 2 websites owned and run  by Emile du Toit – a clinical psychologist specializing in Cognitive Therapy and registered in South Africa with the relevant psychological board (Board of Healthcare Funders, registration number 0201901) and other people who perform various functions on the website. Our offices and Emile du Toit’s clinical psychology private practice is at 2 Hemyock Road, Plumstead, Cape Town, South Africa, 7801.

1.3. You are: ANYONE who uses Our Website. 

1.4. Please read this agreement carefully. If you do not agree with it, you should leave Our Website immediately. 

1.5. Each of emiledutoit.co.za, emiledutoitonline.com and Toolsforhealthandwellness.com has its own Terms and conditions and throughout these terms and conditions we will mostly refer to the singular rather than plural of website as you are only reading from one website at a time. While the websites have a large overlap in Terms and Conditions each has its own unique sections so you need to make sure you have read the Terms and Conditions of the actual site you are using and not just the Terms and Conditions of one of our other sites. 

1.6. Use of this site includes accessing, booking or receiving therapy consultations on this site, perusing information on this site or purchasing items through this site.

1.7. Please read these terms of use carefully before you start to use this site, as these will apply to any use of this site. We recommend that you print a copy of these terms for future reference.

1.8. By using this site, you confirm that you accept these terms of use and that you agree to comply with them.

1.9. If you do not agree to these terms of use, you must not use this site.

1.10. We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. The latest revision date is noted at the top of the page.

2. Definitions

In this agreement:

 

“Carrier” means any person or business contracted by us to carry Goods from us to you.
“Content” means any content in any form published on Our Website by us or any third party with our consent.

“Goods” or ”Products”

 

“Therapy” or

“Consultations”

means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.

 

means psychological therapy carried out by Emile du Toit in his capacity as a qualified clinical psychologist either in person, through a third party app (Zoom, Skype, WhatsApp video etc.) or through the website.

“Our Website” means any website of ours and includes all web pages controlled by us.
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.

3. Interpretation

In this agreement, unless the context otherwise requires:

3.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

3.2. these terms and conditions apply to all supplies of Goods or Services by us to any customer. They prevail over any terms proposed by you.

3.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

3.4. except where stated otherwise (for example in the case of psychotherapy / therapy), any obligation of any person arising from this agreement may be performed by any other person.

3.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.

3.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.

3.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

3.8. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and / or Services and so far as the context allows, to you as a visitor to Our Website.

3.9. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

4. Our contract with you

4.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

4.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

4.3. If you use Our Website in any way and make contact or an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

4.4. We do not guarantee that Goods or Services advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods or Services. 

4.5. The price of Goods or Services may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods or Services.

4.6. If in future, you buy Goods or Services from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

4.7. We do not sell Goods or Services in all countries. We may refuse to deliver the Goods or Services if you live in a country we do not serve.

5. Accessing this site 

5.1. Access to this site is made available free of charge (although therapy consultations and certain Information, Apps and Goods are charged for).

5.2. We do not guarantee that this site, or any content on it, will always be available or be uninterrupted. Access to this site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of this site without notice. We will not be liable to you if for any reason this site or third-party communication services (e.g. Zoom, Skype or WhatsApp video) are unavailable at any time or for any period. In the event that an online consultation is prevented due to this website or our personal internet service being unavailable or inaccessible, and a new mutually agreeable consultation cannot be arranged, this liability will be limited to the sums paid in advance in respect of the online consultation services that have not occurred due to the interruption on this side.

5.3. You are responsible for making all arrangements necessary for you to have access to this site and to the agreed upon third party communication service that will be utilised for online consultations.

5.4. You are also responsible for making sure that you have a working WIFI / Fibre / Data connection and sufficient bandwidth for a video consultation in the event that you are doing online therapy.

5.5. You are also responsible for ensuring that all persons who access this site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

5.6. The information on this site is intended to encourage, not replace, direct patient-health professional relationships. It is not intended to amount to advice on which you should rely or a tool for diagnosis. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the free or paid content on this site.

5.7. Although we make reasonable efforts to update the information on this site, we make no representations, warranties or guarantees, whether express or implied, that the content on this site is accurate, complete or up-to-date.

6. Acceptance of your order to buy Goods

6.1. Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.

6.2. If we do not have all of the Goods you order in stock, we may offer you alternatives. If this happens you may:

6.2.1 accept the alternatives we offer.

6.2.2 cancel all or part of your order.

7. Price and payment for Goods

7.1. The Price is as set out on our website.

7.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not dispatch the Goods until you have confirmed that you wish to buy at the new price.

7.3. If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.

7.4. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than South African Rands will be borne by you.

7.5. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

7.6. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price.

7.7. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website (before we ask you to pay and/or at checkout). Shipping charges and timeframes will of course depend on your location.

7.8. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.

8. Security of your credit card paying via our Website

8.1. We take care to make Our Website safe for you to use.

8.2. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

9. Cancellation and refunds of Goods

The following rules apply to cancellation of your order of physical (not digital) goods:

9.1. If you have ordered Goods, but not received them any time after the maximum delivery estimate date, you may cancel your order without giving a reason, at any time after you have not received your order within 45 days of payment. You will have no obligation beyond returning the goods within 7 days of them reaching you in the eventuality that they do eventually arrive, and we will return your money.

9.2. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 7-day period.

9.3. We will return your money subject to the following conditions:

9.3.1 we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact. 

9.3.2 you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.

9.4. The option to cancel your order is not available:

9.4.1 if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;

9.4.2 if they are a digital product or if they are a hard medium for a purchased digital product.

9.4.3 if the Goods are somehow mixed with other goods so that we cannot identify or easily separate them. 

9.5. You are responsible for the cost of returning the Goods. We have no obligation to refund your cost of re-packing and returning the Goods.

9.6. In any of the above scenarios, we will return your money within 14 days of receiving our goods back.

10. Liability for psychotherapy

10.1. As a qualified and registered clinical psychologist, Emile du Toit is self-employed and regulated by the regulatory bodies in South Africa, The Board of Healthcare Funders (BHF – practice number 0201901) and Health Professions Council of South Africa (HPCSA – practice number PS0083291). 

10.2. We will not accept liability for any loss or damage resulting from contact or work with Emile du Toit or his practice. Any complaint against Emile du Toit – in any capacity – should be raised with himself in the first instance and, if necessary, escalated to the above-mentioned organizations.

10.3. https://www.emiledutoit.co.za, https://emiledutoitonline.com  and https://www.toolsforhealthandwellness.com are websites operated by Emile du Toit and others who contribute in various ways. In terms of psychotherapy Emile du Toit operates as a sole proprietor (with all therapy conducted by Emile du Toit) with main business address 2 Hemyock Road, Plumstead, Cape Town, 7801. This does not exclude the possibility of trading from other locations.

11. Liability for information on this website

11.1. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this site or any content on it, whether express or implied.

11.2. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

11.2.1 use of, or inability to use, this site or any third-party sites or applications used for online consultations; or

11.2.2 use of or reliance on any free or paid content displayed on this site.

11.3. If you are a business user, please note in particular, that we will not be liable for:

11.3.1 loss of profits, sales, business, or revenue;

11.3.2 business interruption; 

11.3.3 loss of anticipated savings;

11.3.4 loss of business opportunity, goodwill or reputation; or

11.3.5 any indirect or consequential loss or damage.

11.4. If you are a consumer user, please note that we only provide this site for domestic and private use. You agree not to use this site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this site or to your downloading of any content on it, or on any Website linked to it.

11.6. We assume no responsibility for the content of Websites linked to https://www.toolsforhealthandwellness.com or https://emiledutoit.co.za or https://emiledutoitonline.com. Such other links should not be interpreted as endorsement by us merely because they are linked to us or mentioned by us in any way. We will not be liable for any loss or damage that may arise from your use of them.

12. Liability for subsequent defects of Goods

12.1. Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 7 days of receipt of the Goods, we shall assume that you have accepted them.

12.2. The procedure to return the faulty Goods is as follows:

12.2.1 the Goods must be returned to us as soon as any defect is discovered but not later than 3 days from receipt by you.

12.2.2 before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly, complied with any provisions relating to the power supply, plugs and sockets and any other important instructions. 

12.2.3 please follow the returns procedure provided on our website and that will also be emailed to you as soon as you notify us that you wish to return something.

12.3. We will return your money subject to the following conditions:

12.3.1 we receive the Goods with labels and packaging intact and that you notified us of the problem(s) within 3 days of signing for the goods.

12.3.2 you comply with our returns procedure. We cannot return your money unless we know who sent them.

12.3.3 you tell us clearly what the fault is that you complained of, when it first became apparent, and other information to enable us to identify or reproduce it. If there is material damage then send us images of this damage.

 12.4. If any defect is found, then we shall:

12.4.1 repair or replace the Goods, or

12.4.2 refund the full cost you have paid including the cost of returning the Goods.

 

13. Delivery and pick up of Goods

13.1. All effort will be made to deliver goods within the specified timeframe for an item.

13.2. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.

13.3. If we are not able to deliver your goods within the stipulated timeframe, we shall notify you by e-mail to arrange another date for delivery.

13.4. We may deliver the Goods in instalments if they are not all available at the same time for delivery.

13.5. Goods are sent at your risk.

13.6. When your Goods arrive, it is important that you immediately check the condition and quantity of these Goods. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.

13.7. Signing “Unchecked”, “Not Checked” or similar is not acceptable.

13.8. We cannot guarantee which day or time Goods might be delivered. If we or the courier agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

13.9. Some Goods will be delivered direct from the manufacturer or another retailer or wholesaler who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer or retailer or wholesaler, you will be subject to the manufacturer’s or retailer’s or wholesaler’s delivery policy.

13.10. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

13.11. We are happy for you to pick up Goods from our premises provided you make an appointment in advance and payment has been received into our bank. 

13.12. If you pick up Goods from our premises then:

13.12.1 we will not be able to assist you in loading heavy items;

13.12.2 Goods are at your risk from the moment they are picked up by you or your Carrier from our premises

13.12.3 you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.

 

14. Foreign taxes and duties for Goods or Services

14.1. If you are not in South Africa, we have no knowledge of, and no responsibility for, the laws in your country.

14.2. You are responsible for purchasing Goods or Services that you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country. We will in no way be liable for any additional taxes or payments that you might have to make.

 

15. Goods returned

15.1. These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:

15.2. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.

15.3. Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets. 

15.4. The Goods must be returned to us as soon as any defect is discovered but we must be notified of the defect not later than 3 days after you receive the goods.

15.5. So far as possible, Goods should be returned:

15.5.1 with both Goods and all packaging as far as possible in their original condition;

15.5.2 securely wrapped;

15.5.3 including our delivery slip; 

15.5.4 at your risk and cost;

15.5.5 to the manufacturer, retailer or wholesaler in the event that the goods are damaged and were shipped directly to you from the manufacturer, retailer or wholesaler.

15.6. You must tell us by email message to support@emiledutoit.co.za, support@emiledutoitonline.com or support@toolsforhealthandwellness.com that you would like to return Goods, specifying exactly what Goods and when purchased, from which website and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a return note, we may not be able to identify sufficient details to enable us to attend to your complaint.

15.7. In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.

15.8. Many Goods may be covered by the manufacturer’s warranty. Please first check the plug, fuse, batteries and the manufacturer’s operating instructions.

15.9. If we agree that the Goods are faulty, we will repair or replace the Goods as we choose.

15.10. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

 

16. Disclaimers for Goods purchased and information perused

16.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.

16.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

16.3. We make no representation or warranty for:

16.3.1 the quality of the Goods;

16.3.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

16.3.3 the correspondence of the Goods with any description;

16.3.4 the adequacy or appropriateness of the Goods for your purpose.

16.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

16.5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it. 

16.6. We make no representation or warranty and accept no responsibility in law for:

16.6.1 accuracy of any Content or the impression or effect it gives;

16.6.2 delivery of Content, material or any message;

16.6.3 privacy of any transmission;

16.6.4 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;

16.6.5 any aspect or characteristic of any goods or services advertised on Our Website 

16.7. Our Website might include Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website. 

16.8. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.

16.9. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 3 month period for the Goods concerned.

16.10. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the relevant South African law.

16.11. If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input although of course we do not guarantee that we will agree with your judgement, suggestion or conclusion. 

16.12. Nothing in this agreement excludes liability for a party’s fraud.

17. Your account with us

17.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with Goods and Services.

17.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

17.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority (and then also immediately log in to your account and change your password).

18. Uploading content to this site 

18.1. Whenever you make use of a feature that allows you to upload content to this site, or to make contact with any person through this site, you must comply with the content standards and guidelines set out in this document. 

18.2. You warrant that any such contribution does comply with those standards, and you will be liable to Us and indemnify Us for any breach of that warranty.

18.3. Any content you upload to this site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. 

18.4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to this site constitutes a violation of their intellectual property rights, or of their right to privacy.

18.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of this site.

18.6. We have the right to remove any posting you make on this site if, in our opinion, your post does not comply with the content standards set out in these  Acceptable Use Terms.

18.7. The views expressed by contributors on this site do not necessarily represent our views or values.

19. Restrictions on what you may Post to Our Website

19.1. You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may be:

19.1.1 owned by someone other than yourself without their permission

19.1.2 malicious or defamatory;

19.1.3 consist in commercial audio, video or music files;

19.1.4 illegal, obscene, racist, sexist, offensive, threatening or violent;

19.1.5 sexually explicit or pornographic;

19.1.6 likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

19.1.7 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

19.1.8 solicit passwords or personal information from anyone;

19.1.9 used to sell any goods or services or for any other commercial use;

19.1.10 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile if relevant and in such place as we designate;

19.1.11 link to any of the material specified above, in this paragraph.

19.1.12 send age-inappropriate communications or Content to anyone under the age of 18.

 

20. Your Posting: restricted content

20.1. In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

20.2. In addition to the restrictions set out above, a Posting must not contain:

20.2.1 hyperlinks, other than those specifically authorised by us;

20.2.2 keywords or words repeated, which are irrelevant to the Content Posted.

20.2.3 the name, logo or trademark of any organisation other than yours.

20.2.4 inaccurate, false, or misleading information.

21. How we handle your Content

21.1. Our privacy policy is strong and precise. It complies fully with the current data protection act.

21.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.

21.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

21.4. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.

21.5. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

21.6. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

21.7. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

21.8. Please notify us of any security breach or unauthorised use of your account.

 

22. Removal of offensive Content

22.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

22.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

22.3. If you are offended by any Content, the following procedure applies:

22.3.1 Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.

22.3.2 we shall remove the offending Content as soon as we are reasonably able, provided we agree that it is in fact offensive;

22.3.3 after we receive notice of a claim or complaint, we shall investigate as far as we alone decide;

22.4. We may reinstate the Content about which you have complained or not.

22.5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

22.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

 

23. Viruses and malware

23.1. We do not guarantee that this site will be secure or free from bugs or viruses.

23.2. You are responsible for configuring your information technology, computer programmes and platform in order to access this site. You should use your own virus protection software.

23.3. You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this site, the server on which this site is stored or any server, computer or database connected to this site. You must not attack this site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence and be prosecuted as a result. We will report any such breach to the relevant authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this site will cease immediately.

 

24. Linking to this site

24.1. In the event that you choose to you may link to this site, provided you do so in a way that is fair and legal and does not damage this site’s reputation or take advantage of it.

24.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement of by Us of where you have linked from, where none exists.

24.3. This site must not be framed on any other site, nor may you create a link to any part of this site other than the homepage, or where you have been given written permission to do so.

24.4. We reserve the right to withdraw linking permission without notice.

24.5. The Website in which you are linking must comply in all respects with the content standards set out in this document.

24.6. If you wish to make any use of content on this site other than that set out above, please contact us in the first instance.

 

25. Third party links and resources on this site

25.1. Where this site contains links to other sites and resources provided by third parties, these links are provided for your information only. 

25.2. We have no control over the contents of those sites or resources and accept no liability or responsibility for the content on these sites.

26. Applicable law

26.1. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by South African law. You and we both agree that the courts of South Africa will have jurisdiction. 

26.2. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by South African law. We both agree to the exclusive jurisdiction of the courts of South Africa.

 

27. Prohibited uses

27.1. You may use this site only for lawful purposes.  You may not use this site:

27.1.1 In any way that breaches any applicable local, national or international law or regulation.

27.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

27.1.3 For the purpose of harming or attempting to harm minors in any way.

27.1.4 To send, knowingly receive, upload, download, use or re-use any material which does not comply with content standards, as more particularly set out below.

27.1.5 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

27.1.6 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

27.2. You also agree:

27.2.1 Not to reproduce, duplicate, copy or re-sell any part of this site.

27.2.2 Not to access without authority, interfere with, damage or disrupt:

27.2.2.1 any part of this site;

27.2.2.2 any equipment or network on which this site is stored;

27.2.2.3 any software used in the provision of this site; or

27.2.2.4 any equipment or network or software owned or used by any third party.

 

28. Interactive services

28.1. We may from time to time provide interactive services on this site, including, without limitation, online consultations, therapeutic or psycho-informational groups or Podcasts.

28.2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used.

28.3. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on this site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on this site, and we expressly exclude this liability for any loss or damage arising from the use of any interactive service by a user in contravention of these content standards, whether the service is moderated or not.

28.4. The use of any interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof and may not always be present. Minors who are using any interactive service should be made aware of the potential risks to them.

29. Suspension, termination and changes

29.1. We will determine, in our discretion, whether there has been a breach of these acceptable use terms through your use of this site.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 

29.2. Failure to comply with the acceptable use terms constitutes a material breach of the Terms of Use upon which you are permitted to use this site, and may result in Us taking all or any of the following actions:

29.2.1 Immediate, temporary or permanent withdrawal of your right to use this site.

29.2.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to this site.

29.2.3 Issue of a warning to you.

29.2.4 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

29.2.5 Further legal action against you.

29.2.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

29.3 We exclude all liability for actions taken in response to breaches of the acceptable use terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

29.4 We may revise the acceptable use terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in the acceptable use terms may also be superseded by provisions or notices published elsewhere on this site.

30. Privacy and POPI Act Compliance

The Protection of Personal Information Act (or POPI Act) is South Africa’s equivalent of the EUGDPR or extracts from within the USA privacy acts such as US Privacy Act of 1974, Gramm-Leach-Bliley Act (GLBA), Health Insurance Portability and Accountability Act (HIPAA) and the Children’s Online Privacy Protection Act (COPPA). POPI regulates the way that personal information is processed and stored.

Our websites emiledutoit.co.za, emiledutoitonline.com and toolsforhealthandwellness.com comply with the statutory requirements of the POPI act.

30.1. Information Storage:

30.1.1 Our websites: Our websites are “based” in South Africa in that part of the team are there, some storage occurs there and the sites are governed by SA Law. However, our websites are hosted via TLATSOI by Xneelo SA and data/email is stored on their German Location Servers.

30.1.2 Our CRM: Any CRM makes use of the same servers mentioned above. 

30.1.3 Physical Forms: Any data kept on physical forms is kept either in our office in Cape Town or stored securely behind a security system at an alternate location in Cape Town. 

30.1.4 Phone Calls & Messages: Phone calls are on a combination of mobile phones using data or WIFI, or using 3rd party Apps such as Zoom, WhatsApp and Skype. You are under no obligation to communicate with us through 3rd party Apps but if you do agree to do so then please note that we take no responsibility for the security of their data storage and suggest that you peruse the data processing aspects of their Privacy Policies / Terms & Conditions prior to using these Apps. At times calls may be recorded in order to help us improve our services. This information is eventually destroyed and is never handed over to any other company.

30.2. Temporal Nature of Storage

30.2.1 Our Website: Your personal data may remain stored on our system for as long as you are an active customer. However, it will be deleted within a period of 2 years after you are no longer active on our websites or engaged within our company in any way. Persons engaged in any sort of therapeutic process via online therapy or face-to-face therapy will have their records stored for a minimum period of 5 years, in one or both of the two Cape Town locations mentioned above.

30.2.2 CRM: If your information is removed from our main website, we will mark your account on our CRM as inactive, and this data will be deleted within two years. If you are blacklisted by us for non-payment or if you are engaged in any contractual dispute with us, then your information may be stored indefinitely.

30.2.3 Physical Forms: Data in physical forms will be kept for a minimum period of 5 years and will eventually be safely destroyed.

30.2.4 Phone Calls & Messages: In the instance that calls or messages – whether auditory, visual or audio-visual – are recorded they will be kept for a maximum period of 2 years, unless there is an active dispute in which case they may be kept for longer periods or even indefinitely.

30.3. Information Access:  The following parties have access to some or all of your information:

30.3.1 Our staff will have access to data in order for them to be able to perform their regular duties.

30.3.2 TLATSOI and Xneelo SA will have access to online data as a part of their management of our website and server data.

30.3.3 Our accountants may from time to time access information relating to accounts for the purposes of following up on outstanding payments, VAT calculations, and any financial related services.

30.3.4 Point of Sale system: Any accounts package that we use will necessitate certain information being stored by them. While nobody working for the account management software will have direct access to our data it may be necessary from time to time to grant them a limited access to resolve any possible problems with their software. This access will be discretionary, time limited and only granted to the degree necessary to resolve said problems.

30.3.5 Dropbox. Some of our company information is stored or backed up to Dropbox and thus there may be personal privacy information that is stored on Dropbox from time to time.

30.3.6 Google will have a limited degree of access to your information, only so far as is necessary to utilize their services. Google services being utilised where some of your information is present might include – but is not exclusively limited to – Gmail, Google Calendar, Google Contacts, Google Analytics, Google My Business and Google Maps.

30.3.7 Social Media platforms will also store a limited amount of information.

30.3.8 The computers and mobile phones of the team, such as Apple or Samsung, will also use a limited amount of information during normal usage of these products. Examples of this include – but are not limited to – data stored during the normal usage of Apple Cloud service (Apple Mail, Apple Contacts, Apple Calendar, Apple Maps), Samsung online storage (Samsung Contacts etc.) and similar types of information stored online during the normal usage of personal computers and mobile phones. For related privacy information please see section 31 below on the use of cookies.

30.3.9 Courier services. Courier services will require some basic identification information such as name, address and contact number when delivering non digital products. These courier companies of course have their own privacy policies that they are bound by, but we cannot take responsibility for what happens to information that they acquire in order to fulfil their service.

30.4. Information we store

30.4.1 Online – site subscription and sales: Information we store on our website may include but is not limited to the following: Full Name, Address, Contact number, Email address, ID number, Products you have purchased from us

30.4.2 Therapy clients – online, therapy accounts software (Loerie) or physical records: Full Name, Address, ID number, Contact number, Email address, Time Zone, Diagnosis & ICD diagnostic code, Treatment code, Work address, 2nd Contact persons name and contact number

30.4.3 CRM: Full name, Address, Email, Contact number

30.4.4 Accounts company: Full name, Address, Email, Contact number

30.4.5 Google and Social media: Full name, Address, Email, Contact number

30..4.6 PC and mobile devices and their cloud storage: Full name, Address, Email, Contact number

30.4.7 Courier Companies: Full name, Address, Email, Contact number

30.5. Request for removal of personal information

30.5.1 At any point you may send an email to support@emiledutoit.co.za or support@toolsforhealthandwellness.com to request the removal of your personal information. There are a few limitations to these requests:

30.5.1.1 If you have been blacklisted or are in any other dispute with our company or team then this information will not be deleted for legal reasons.

30.5.1.2 Financial transactions and their resultant personal information will be kept until all tax obligations have been realised, and for a further period up to a maximum of 5 years.

30.5.1.3 All email correspondence (and on occasion other forms of correspondence such as text or voice messages) will be kept for legal reasons.

30.6. POPI Compliance Officer

30.7. Our POPI Compliance Officer is the Emile du Toit and can be contacted via email on privacy@emiledutoit.co.za or  privacy@toolsforhealthandwellness.com regarding any compliance matters.

31. Information about the use of cookies

31.1. This Website uses cookies to distinguish you from other users of this Website. This helps us to provide you with a good experience when you browse this Website and also allows Us to improve this site. By continuing to browse the site, you are agreeing to Our use of cookies.

31.2. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

31.3 We use or might choose to use the following cookies:

31.3.1 Strictly necessary cookies. These are cookies that are required for the operation of this Website. They include, for example, cookies that enable you to log into secure areas of this Website or make online payments.

31.3.2 Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around this Website when they are using it. This helps us to improve the way this Website works, for example, by ensuring that users are finding what they are looking for easily.

31.3.3 Functionality cookies. These are used to recognise you when you return to this Website. This enables us to personalise content for you, and remember your preferences.

31.3.4 Targeting cookies. These cookies record your visit to this Website, the pages you have visited and the links you have followed. We will use this information to make this Website and any advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

31.4. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

31.5. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of this site.

31.6. Except for essential cookies, all cookies will expire after a few days; the precise period will depend on your browser settings.

32. Intellectual property notice

32.1. © Emile du Toit. All rights reserved.

32.2. The Emile du Toit – Clinical Psychologist logo is the sole property of myself, Emile du Toit

32.3. Emile du Toit is the proprietor or licensee (‘rights holder’) of all intellectual property rights in relation to this Website and its contents, including but not limited to copyright, trade and brand names, trademarks and get-up. If no written permission is given by us for the use of any of them, such use may constitute an infringement of these rights.

32.4. All other trademarks, brand names, product names and titles, copyrights and other intellectual property rights used in this Website are trademarks, brand names, product names, copyrights and /or other intellectual property rights of their respective rights holders. Permission to reproduce such material would need to be obtained from the relevant rights holders concerned.

32.5. No part of this Website may be translated, reprinted or reproduced or utilised in any form either in whole or in part or by any electronic, mechanical or other means, now known or invented in the future, including photocopying and recording, or in any information storage and retrieval system, without prior permission in writing from us. In accordance with the relevant South African copyright, designs and/or patents acts, permitted use does include:

32.5.1 the infrequent printing or downloading of extracts to a local hard disk for reasonable personal non-commercial research use only; and

32.5.2 an acknowledgement that we are the owner of the work in any copies made or extracts taken.

32.6. This Website may be linked to/from other Websites providing we have given written permission and the requirements of this agreement are complied with.

32.7. The written contents of this Website are intended to be a general guide and cannot be a substitute for professional advice, such as a face-to-face or online consultation. We do not accept any responsibility for loss occasioned to any person or business acting or refraining from acting as a result of material contained in this Website.

32.8. Applications for the copyright owner’s permission to reproduce any part of this Website should be addressed to us at 2 Hemyock Road, Plumstead, Cape Town, 7801 or via email to support@emiledutoit.co.za.

32.9. This Website is governed by South African law and shall be subject to the non-exclusive jurisdiction of the courts of South Africa.

32.10. The authors’ moral rights as defined in any relevant South African copyright, designs and/or patents acts are not affected by the rights granted in this notice.

33. Security of Our Website

33.1. If you violate Our Website we shall take legal action against you.

33.2. You now agree that you will not, and will not allow any other person to:

33.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

33.2.2 link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

33.2.3 download any part of Our Website, without our express written consent;

33.2.4 collect or use any product listings, descriptions, or prices;

33.2.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

33.2.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

33.2.7 share with a third party any login credentials to Our Website.

33.3 Despite the above terms, we now grant a licence to you to:

33.3.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent. If you choose to link to our website, kindly let us know via email support@emiledutoit.co.za.

34. Indemnity

34.1. You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

34.1.1 your failure to comply with the law of any country;

34.1.2 your breach of this agreement;

34.1.3 any act, neglect or default by any agent, employee, licensee or customer of yours;

34.1.4 a contractual claim arising from your use of the Goods;

34.1.5 a breach of the intellectual property rights of any person.

35. Intellectual Property 

35.1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

35.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

35.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

35.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

36. Dispute resolution

36.1.  In this paragraph the term “ADR Provider” means any approved body under SA law for handling disputes.

36.2. The following terms apply in the event of a dispute between the parties:

36.2.1 If you are not happy with our services or have any complaint then you must tell us by email message to support@emiledutoit.co.za or support@toolsforhealthandwellness.com

36.2.2 If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

36.2.3 We can propose an ADR Provider if necessary.

37. Miscellaneous matters

37.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

37.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.

37.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

37.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

37.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

37.6 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:

37.6.1 if delivered by hand: on the day of delivery;

37.6.2 if sent by post to the correct address: within 1 week of posting;

37.6.3 If sent by e-mail to the address from which the receiving party has last sent e-mail: within 72 hours if no notice of non-receipt has been received by the sender, provided a WhatsApp message or phone call is sent/made at the same time as the email notifying the other party of the email. 

37.7. This agreement does not give any right to any third party. 

37.8. Neither party shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond their reasonable control.

37.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

37.10. The validity, construction and performance of this agreement shall be governed by the laws of South Africa and you agree that any dispute arising from it shall be litigated only in that country.

 

38. Notice of right of cancellation: Right to Cancel and Model Cancellation Form.

38.1. You have the right to cancel this contract within 14 days without giving any reason, provided the digital product has not already been downloaded, or the physical goods have been shipped.

38.2. In the case of therapy all cancellations must be provided in writing at least 24 hours in advance of the session or full price will be charged.

38.3. To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

38.4. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by email, or in the case only of therapy by the additional channels of WhatsApp message or phone call.

38.5. You may use the enclosed model cancellation form, but you can use your own words as long as your intention is clear. If the cancellation form is not available online for any reason then you may request this form.

 

39. SUGGESTIONS AND IMPROVEMENTS

39.1. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive and cause to be waived, against Us and Our users, any claims and assertions of any moral rights contained in such Feedback.

 

If you have any questions or concerns about anything contained in this document, please email us at support@emiledutoit.co.za. 

 

Changes to this Privacy Policy

We reserve the right to make changes to this Policy.

Last modification was made on 1 November 2021.

 

Model cancellation form

To Emile du Toit, 

2 Hemyock Road, Plumstead, Cape Town, South Africa, 7801, 

support@emiledutoit.co.za 

I/We hereby give notice that I/we cancel my/our contract of sale of the following products [enter details of goods and any reference].

Please see attachment: (only where photographs of damaged products required)

Ordered on [date] / received on [date],

Name: [enter name or names in which the order was made],

Address: [enter your address];

Signature: (only if this form is notified on paper)

Date: [date]