Disclaimer

Please note that the materials contained on this Website do not replace any specific medical advice, diagnosis or treatments recommended by a doctor or any other professional. We always recommend seeking professional advice before beginning any new physical activity programme.

1 Introduction

1.1 Thank you for visiting www.flowevolution.co.za (“the Website”). The Website is operated and owned by Neil Kohler (“we”, “us”, “our” or “Flow Evolution”). Our registered address is 111 Dreyersdal Road, Cape Town, 7945, South Africa.

1.2. PLEASE MAKE SURE YOU READ THIS DISCLAIMER (“Disclaimer”) in conjunction with our Privacy Policy BEFORE USING OUR WEBSITE. By using our Website you are agreeing to be bound by the terms of this Disclaimer and the Privacy Policy. If you do not wish to be bound by what you read within this Disclaimer and any other documents referred within it, please do not use our Website. This Disclaimer applies to everyone using the Website and Services, including Members of Flow Evolution (who are subject to additional Terms and Conditions).

1.3 We may change our Disclaimer from time to time and may do so without notice. We will let you know what these changes are by updating them to this page, but it is your responsibility to check for updates. Changes will become effective as soon as they are posted on this page, therefore if you continue to use the Website after the posting of these changes to the Disclaimer, it means that you accept such changes.

1.4 The recommendations, advice and instructions contained within this Website, on any newsletters, information sheets and/or associated emails or documentation sent to you is for general information purposes only. As with all programmes, techniques, and materials related to health, wellbeing and fitness, you are strongly urged to consult your doctor and have a physical examination before using any of the products and/or services made available by or through Flow Evolution, or if you choose to use any of the advice or information provided to you by Flow Evolution. If you choose not to obtain a doctor’s permission prior to beginning a programme with Flow Evolution then you are doing so at your own risk. Flow Evolution shall not be held liable in any way whatsoever for any inaccuracy, misunderstanding or expectation drawn from the content of the Website and Services.

1.5 If you sign up to become a Member and request training advice via the Website or Services then you may be asked to provide various pieces of information relating to you health and medical history (the Medical Screening Questionnaire (“MSQ”)), which shall include information on blood pressure, heart conditions and injuries. This information helps us assess whether you can become a member of Flow Evolution. Please take care when preparing the MSQ information to provide to us as we shall not be liable if Flow Evolution is required to refuse membership because of the information you provide in the MSQ (or any other information provided to Flow Evolution in any other format), or if the training programmes provided do not suit your needs due to the information provided to us being inaccurate.

1.6 Irrespective of whether users seek medical advice, by using the Website and Services you understand and agree that you are using it, and any of the information contained therein, at your own risk. The Website, its services, related graphics and text are provided “as is”, and to the extent permitted by applicable law, Flow Evolution and its affiliates, employees, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors and other parties involved in the creation, production or delivery of the Website and services, expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee, or representation, whether oral, written or in electronic format, including but not limited to the accuracy or completeness of any information contained therein or provided by the Website and its services. In addition to this, Flow Evolution accepts no responsibility for any information presented by a third party, including but not limited to, information presented by Members or other users of the Website either on the pages of the Website, or through the Community or blogs. If a user takes any action in response to such information then the user acknowledges that Flow Evolution shall have no liability in connection with such action taken by a user.

1.7 Flow Evolution, its affiliates, employees, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors and other parties involved in the creation, production or delivery of the Website make no warranty, implied or explicit, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable of any quality, nor that the content is safe in any manner for download. By using this Website you understand and agree that neither Flow Evolution nor its affiliates, nor any participant in the Website and its services, provides professional advice of any kind and that use of such advice or any other kind of information is solely and strictly at your own risk and without our liability of any kind.

1.8 Flow Evolution, its affiliates, employees, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors and other parties involved in the creation, production or delivery of the Website shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages, losses, costs or expense allegedly sustained arising out of access to or inability to access the Service or the Website, including viruses alleged to have been obtained by using the Service or the Website, your use or reliance on the service or any information or material available on the service or the Website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

1.9 Notwithstanding the above, it is recognised that the liability of Flow Evolution will not be limited in the case of death or personal injury directly caused by the negligence of Flow Evolution, or in respect of any fraudulent misrepresentation, or any other liability which it cannot exclude by law.

1.10 From time to time the Website may provide links or references to other sites. Flow Evolution, its affiliates, employees, directors, officers, agents, employees, representatives, successors and assigns, administrators and executors shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages, liabilities, losses, costs and/or expenses allegedly sustained arising out of access to such sites and will have no responsibility for the content of such other sites. Any links to other sites are provided merely as a convenience to the users of this Website and do not provide an endorsement to such sites by Flow Evolution. You may also not establish a link to this Website without our express prior written consent.

1.11 Access to the Website is permitted on a temporary basis and Flow Evolution reserves the right to withdraw or amend the service provided on the Website without notice. Flow Evolution shall not be liable if for any reason the Website is not available at any time or for any period. From time to time, Flow Evolution may restrict access to some parts of the Website, or the entire Website, if required. Flow Evolution aims to update the Website regularly and may change the content at any time. Any of the material on the Website may be out of date at any given time, although Flow Evolution makes every attempt to ensure that material on the Website is updated as frequently as possible.

1.12 You must not misuse the Website by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of this Disclaimer and that they comply with it.

1.13 All rights in the Website and Services, including copyright, the content and design of the Website and Services, is owned by Flow Evolution or used under licence from third party owners. Any use of this Website or its contents, including copyright or storing it or them in whole or part, other than for your personal or non-commercial use is prohibited without the written permission of Flow Evolution. You are prohibited from copying, modifying, transmitting, distributing, selling, displaying, licensing or reproducing any content including images and other media on this Website for any commercial purpose.

1.14 The transmission of unlawful, threatening, defamatory, pornographic, political or racist material is strictly prohibited.

1.15 If you breach the provisions of this Disclaimer, we shall suspend or permanently terminate your access to the Website and all Services.

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

1.17 We process information about you in accordance with the Privacy Policy displayed on the Website from time to time. By using the Website you consent to such processing and you warrant that all data provided by you is accurate.

1.18 If any part of this Disclaimer or any document referred to herein is illegal or unenforceable, such portion(s) shall be excluded from this Disclaimer and any relevant document to the minimum extent required and the balance of this Disclaimer and any relevant document shall remain in full force and effect and enforceable.

1.19 This Disclaimer and any documents or policies referred to herein, including but not limited to the Privacy Policy and the Terms and Conditions if you wish to become a Member of the Website, shall govern the entire relationship between the parties to the exclusion of any other terms.

1.20 It is not the intention of the parties to confer any rights on any third parties by virtue of this Disclaimer and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Disclaimer.

1.21 This Disclaimer and any disputes that may arise between you and Flow Evolution will be governed by the laws of the Republic of South Africa and the parties shall submit to the jurisdiction of the South African courts.

Updated 10 – 08 – 2017