ENEEGMA UNLOCKED - TERMS & CONDITIONS
Eneegma Unlocked (Pty) Ltd provides Wellness and Graphic Design Services, either directly or through our network of professional partners, in order to support you in building your brand or business.
The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by Eneegma Unlocked (Pty) Ltd t/a Eneegma, for and on behalf of any Client(s) who have duly accepted Eneegma’s quotation(s) for any such products and/or services, and therefore authorised Eneegma to render the aforementioned products and deliver said services.
Please read our Terms and Conditions below that govern the use of our website, how we deliver our services to clients and how we treat the information you have supplied to us. We take your privacy very seriously, and we never sell lists or email addresses. Please note that our abridged Terms will be provided in our client estimates/invoices. If you have any questions or comments, or if you want to update, delete, or change any Personal Information we hold, or you have a concern about the way in which we have handled any privacy matter please contact us by email at firstname.lastname@example.org.
We’ll begin by getting a few definitions out of the way that should help you understand this policy. When we say “we,” “us,” "The Company”, “Eneegma”, or “EU” we’re referring to Eneegma Unlocked (Pty) Ltd, a South African privately-owned company.
A Wellness Practitioner or TRE® Provider - is a Company or person that provides wellness services and may use the Eneegma website booking and payment system to accept and treat bookings online, send promotions, sell products and do other related activities that help them run their service business.
When we mention "Client", “You” or “User" or "Prospective Client" we’re referring to the person or entity, obtaining services from Eneegma, or any party acting on Eneegma’s behalf with whom the Company contracts.
We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you are happy with any changes to this policy. We may notify you of changes to this policy by email or through the private messaging system on our website. When using the Eneegma sites or services you are subject to any posted policies or rules applicable to services you use through the sites.
If you do not agree with this policy, do not access our website or use our services or interact with any other aspect of our business.
We are committed to safeguarding the privacy of our website visitors and our system users who register as users of our system. Our website incorporates privacy controls which affect how we will process your personal data. Upon signing up as a system user, you may be asked for your contact information. You can at any point in time, choose to delete your information, by sending an email to email@example.com and then all your data will be deleted from our servers within 30 days.
How we use your personal data:
In this Section below we have set out:
a. The general categories of personal data that we may process;
b. In the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
c. The purposes for which we may process personal data; and
d. The legal basis of the processing.
We may use and disclose your Personal Information only as follows:
To promote the use of our Services. For example, if you leave your Personal Information when you visit our Website and don’t sign up for any of the Services, we may send you an email asking if you want to sign up. And if you use any of our Services and we think you might benefit from using another Service we offer; we may send you an email about it. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email we send or simply request to be unsubscribed by sending us an email to firstname.lastname@example.org
To send you informational and promotional content that you may choose (or “opt-in”) to receive. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.
To bill and collect money owed to us. This includes sending you emails, invoices, receipts, statements, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments. To learn more about the steps we take to safeguard that data, see sections below.
To communicate with you about your account and provide customer support.
To protect the rights and safety of our Members and third parties, as well as our own.
To meet legal requirements like complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
To provide information to representatives and advisers, like attorneys and accountants, to help us comply with legal, accounting, or security requirements.
To prosecute and defend a court, arbitration, or similar legal proceeding.
To provide, support, and improve the Services we offer. This includes aggregating information from your use of the Services and sharing such Aggregated Information with third parties.
Providing your personal data to others
We may disclose your personal data to any member of our group of companies, this means our subsidiaries, full time work contractor staff, such as live help, our ultimate holding company and all its subsidiaries insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
Financial transactions relating to our website and services are handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
Links to Third-Party sites
International transfers of your personal data
In this Section, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
Remark that Google, Facebook and Paypal may store data in USA. But under the privacy shield agreement. See more about that here: https://www.privacyshield.gov/welcome.
For statistics and analytics, we use Google analytics. We do not use this software to get personal data or relate it directly to users of our system. This is only used to give us overall overview on how visitors interact with our system so we can make it better.
Our messaging platforms are WhatsApp, Facebook and Google. For text chat bots that accept bookings, we use Google dialogflow and Facebook. See Google privacy statement here: https://cloud.google.com/security/gdpr. See Facebook privacy information here: https://www.facebook.com/business/news/facebooks-commitment-to-data-protection-and-privacy-in-compliance-with-the-gdpr. For voice chat bots, we may use Google dialogflow. See Google privacy statement.
We also use the following auxiliary system: Google Fonts, Google Charts, Google Maps, to make location data available to help with signing up or using our services. This information is generally available for clients unless this is disabled in settings. These external systems do not store any personal recognisable data about you.
Retaining and deleting personal data
This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. All personal data about you, your company, or related things that have been stored in our system will be kept for as long as you remain a user of our system. You can edit this data at any point in time and request a deletion by cancelling the usage of the system. Since we keep backups of all databases for up to 30 days, this data may still exist for up to 30 days on our servers at which point in time it gets deleted.
Notwithstanding the other provisions of this Section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject to such as accounting laws, or in order to protect your vital interests or the vital interests of another natural person.
In this Section, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
Your principal rights under data protection law are:
the right to access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to object to processing;
the right to data portability;
the right to complain to a supervisory authority; and
the right to withdraw consent.
In the Eneegma Website and Booking System there are 3 groups of personal data:
Company data, which under some circumstances can be personal data on the service provider if one is registered as the company
Service providers data, which is data related to the people who provide services on behalf of the Company or Person registered as the company
Clients, which are those who book services and buy items from the company and service providers
Access to each of this information, and about each person related to each group is readily available inside the system for approved users. Data can be updated and deleted by request to email@example.com.
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
Cookies that we use
Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari);
Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our website.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
6. Bookings & Payments
Please note that once we have confirmed the availability of your preferred appointment time slot via email, your payment will secure your booking - first come, first served, thank you.
a) It is a requirement to sign up for a TRE® Beginner Class Package or to have done TRE® before with a Certified TRE® Provider before joining any of our TRE® Advanced Classes.
b) TRE® Cancellation Clause:
You agree to give a minimum of 24 hours (1 full day) cancellation notice if a TRE® class or booking is to be cancelled or changed. Failure to do so will result in full payment of the missed session, without a refund. A refund or credit is payable under the aforementioned conditions, minus administration and bank charges. Late arrival will result in reduction of TRE® class or workshop time while the full fee will apply.
Eneegma reserves the right to cancel an event due to low enrollment, inclement weather or other circumstances or reasons beyond our control which would make the event non-viable. If Eneegma cancels an event, we will do everything we reasonably can to let you know and registrants will be offered a full refund. Should circumstances arise that result in the postponement of an event, registrants will have the option to either receive a full refund or transfer registration to the same event at the new, future date.
c) TRE® Confidentiality Clause:
Everything discussed within the confines of the time of work together during your session or class shall remain confidential and shall not be divulged to any third party by your TRE® facilitator/provider. If participating in group work, no identifying material to be divulged outside of the group.
d) TRE® Indemnity:
You undertake each TRE® class or session of your own accord and accordingly indemnify the TRE® facilitator or provider from any harm, loss or damages of any nature, whether bodily harm, trauma or any other damages to you or your property resulting from the treatment/session, whether directly or indirectly.
e) Teaching TRE® Exercises:
Unless you are a Certified TRE® Provider, you acknowledge and accept that you are NOT qualified to lead others through TRE® Exercises and that you will only use them for yourself.
f) Please Bring the Following to Your TRE® Class or Session:
Dress in loose pants and layers, or comfortable clothes you would normally wear to the gym.
An exercise or yoga mat, a pillow or cushion, a pair of socks and a blanket
Keep a glass or bottle of water close by to stay hydrated after the class.
Please download, complete and email your TRE® Medical Intake Form prior to your first TRE® class to firstname.lastname@example.org.
g) The Time Zone for classes and events is South African Standard Time (SAST). Please have a strong internet connection for all online events and TRE® classes.
h) It's highly recommended that you be in a quiet and private space or room so you can focus on the activities and information shared during online classes and events.
i) People under the age of 18 must have parental permission and be accompanied by a parent or legal guardian to attend TRE® classes and events.
j) In the event that the internet connection is disrupted during an online session, a re-connection will be attempted. If a connection cannot be made within 5 minutes, we will reschedule the session or class for a later time. We will email details regarding the scheduled change to the client. Please have our contact number (+27 60 902 4721) on hand for communication in case of any connection challenges.
Eneegma will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third-party applications or to the Client’s website.
Eneegma’s Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third-party application or website.
When you have created your user account on the Eneegma website, you should change your password. You are responsible for maintaining the confidentiality of the password and access to your account. You are fully responsible for all activities that occur under your password or account
Credit to the rightful owners for all pictures/information/media used on this site
Eneegma reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third-party agreements.
These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on Eneegma’s own website
In the event of any bona fide dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non-payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into. Any controversy or claim arising out of or relating to these Terms, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Republic of South Africa.
The above terms and conditions that you accept, apply between you and Eneegma Unlocked (Pty) Ltd, registered in South Africa:
2013 / 039768 / 07. This website is owned and operated by Eneegma.
You may contact us:
By email, using email@example.com
Through our contact number +27 60 902 4721
By post, to the postal address given below:
36 The Fillies, The Stableyard, Grand National Boulevard, Milnerton, 7441, Cape Town, The Western Cape, South Africa