Terms & Policies

 

 

1. Definitions

2. Amendments

3. Privacy Policy 

4. Cookies

5. Indemnity

6. Bookings & Payments

7. Delivery Policy

8. Digital Branding & Web Design Services

9. Security

10. General

11. Contact

Eneegma Unlocked (Pty) Ltd provides wellness services and products.

 

The following Terms are a legal and binding document, applicable to all products and/or services provided 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 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 hello@eneegmaunlocked.com.

 

1. Definitions

 

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.

 

When we mention "Client", “You” or “User" or "Prospective Client" we’re referring to the person or entity, obtaining services or products from Eneegma, or any party acting on Eneegma’s behalf with whom the Company contracts.

​2. Amendments

 

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.

3. Privacy Policy 

This policy covers how we use your personal information. We take your privacy seriously and will take all measures to protect your personal information. Any personal information received will only be used to fulfill your order or deliver our services to you. We will not sell or redistribute your information to anyone.

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 defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

 

Links to Third-Party Sites:

 

Our sites include links to other websites, whose privacy practices may be different from Eneegma’s practices. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to read carefully the privacy policy of any website you visit.

 

4. Cookies

 

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.

We use cookies for the following purposes:

 

  • Authentication - we use cookies to identify you when you visit our website and as you navigate our website.

 

Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you may not be able to use all the features on our website.

5. Indemnity

 

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/session time slot via email, your payment will secure your booking - first come, first served, thank you.

a) TRE® Cancellation Clause:

 

You agree to give a minimum of 24 hours (1 full day) cancellation notice if a TRE® session or booking is to be cancelled or changed. Failure to do so will result in full payment of the missed session. Late arrival will result in reduction of TRE® session or workshop time while the full fee will apply.

 

b) No cash refund policy. A credit note will be provided to the client in the event of a TRE® session cancellation within the 24 hour notice period.

Eneegma reserves the right to cancel an event, session or workshop 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® session or event 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® Session:

 

  • Dress in comfortable clothes you would normally wear to the gym or a yoga class, that you can easily move and stretch in. Dress in layers as your temperature may fluctuate during the TRE® session.

  • 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 complete and email your TRE® Medical Form prior to your first session to hello@eneegmaunlocked.com

g) The Time Zone for sessions and events is South African Standard Time (SAST). Please have a strong internet connection for all online TRE® sessions and events.

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 all online TRE® sessions 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® sessions 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.

 

7. Delivery Policy

Digital Goods Download:

Upon receipt of your order, you will either be prompted to begin your download immediately or you will receive an e-mail from us with instructions to complete your download. If you are prompted to begin your download immediately, your completion of the download will constitute delivery to you of the item(s) you purchased.

If you receive an e-mail from us with instructions to complete your download, the receipt by you of the e-mail will constitute delivery by us to you of the item(s) you purchased.

In case you are unable to download the item(s) you purchase or you do not receive an e-mail from us with instructions to complete your download, you must contact us within 5 days from the date of your order. If you do not contact us within 5 days from the date of your order, the item(s) you purchased will be considered received, downloaded and delivered to you.

Delivery for Tangible Goods:

All orders are subject to product availability. If an item in your order is unavailable, we will ship you the part of your order that is available. When that item becomes available, we will ship you the rest of your order. Shipping costs for your order are non-refundable and are based on the weight of the items you order and your location. The date of delivery for your order may vary due to carrier shipping practices, delivery location, method of delivery and the quantity of items ordered, and in addition your order may be delivered in separate shipments.

Additional Taxes and Charges:

Additional shipping charges may apply depending on your location and the size of your order. You are responsible for all shipping costs and taxes applicable to the delivery of your order, including sales tax, value added tax, custom duties and excise duties. If there is any damage to the items that you ordered on delivery, you must contact us within 5 days from receipt of your order.

Return & Exchange Policy:

In regard to our physical products, we do not refund any purchases based on buyer's remorse or incorrect sizes, as many of our products are custom made. If you are not 100% satisfied with your purchase because it was damaged in transit, we will replace the damaged item. You may return the damaged item within 5 days from the purchase date. Returned products must be in the original box and/or packaging, with the relevant receipt.

8. Digital Branding & Website Design Services

Please note that the abridged Terms and Conditions are specified in each cost estimate, for the client's perusal.

a)  Project Specifications:


⦁    The Client must supply the Project Specifications to Eneegma in order for Eneegma to issue a quotation or cost estimate (CE).
⦁    If the Client requires further assistance with the creation of Project Specifications, Eneegma can assist the Client. This time may be billed to the Client at the discretion of Eneegma.


​b)  Quotation:


⦁    Quotations or CEs are valid for 30 (thirty) calendar days from the documented date on the Quotation.
⦁    Quotations or CEs do not include domain name registration, website or email hosting fees.

 

c)  Acknowledgement:


⦁    Upon a Client accepting the Eneegma Quotation/CE, the Client acknowledges that they have read and accepted these Terms and Conditions.


d)  Agreement:


⦁    The Client acknowledges acceptance of the Quotation/CE and these Terms and Conditions by paying the quoted South African Rand (ZAR) value as a deposit to Eneegma’s stipulated bank account details provided in the cost estimate and/or invoice. First time clients are required to pay 100% of the total Quotation/CE before any project work commences, unless otherwise stipulated on the Cost Estimate/Invoice. All work is billed either upfront per project or per hourly rate as quoted and agreed in writing. Clients can be billed in other currencies, where possible, by complete agreement between Eneegma and the Client.
⦁    Products and/or services as described in the Quotation/CE will only commence, once the Client’s deposit has been confirmed as received by Eneegma.
⦁    Eneegma cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, power and internet connection failure.
⦁    Eneegma endeavour to make websites and graphics that perform well in up to date, current major browsers (Google Chrome, Firefox, Safari, Microsoft Edge), but cannot guarantee backward compatibility (i.e. functionality on older or obscure devices and software).


e)  Deposit:


⦁    Deposit(s) are non-refundable unless Eneegma, at their sole discretion decide otherwise. The decision by Eneegma is based on the factors surrounding the project in question and is non-negotiable.


f)  Required Documentation:


⦁    Required documentation refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project Specifications. This includes all material such as, text copy, product details, pictures, videos, company profiles, et cetera.
⦁    The Client is to provide all Required Documentation electronically to Eneegma, so as to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.
⦁    The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions d) and  f) unless agreed otherwise in writing.
⦁    If the Client does not supply Eneegma with the Required Documentation within 20 (twenty) calendar days from Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with Eneegma.
⦁    If the Client still has not submitted or provided all the Required Documentation within 45 (forty-five) calendar days from Invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.


g)  Copyrights:


⦁    The Client must ensure they have the Copyright for all material supplied.
⦁    Eneegma, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any Copyright disputes.
⦁    If and when Eneegma are informed that material was provided without the required Copyright, illegal content will be removed immediately, and the Client will be billed with the cost thereof.
⦁    Eneegma does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.


h)  Graphic Images:


⦁    Unless otherwise specified in the Quotation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
⦁    Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format. The format can be confirmed with the team at Eneegma Unlocked as required.


i)  Photographs:


⦁    Photographs supplied by the Client must be of high digital quality and applicable format.


j)  Printing:


⦁    Eneegma does not offer any printing products and/or services, therefore Eneegma take no responsibility for print or printing errors.
⦁    Completed graphic design, logo, or any artwork produced by Eneegma will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice.
⦁    To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers.

k)  Website Hosting:


⦁    Eneegma does not offer any domain or website hosting services, therefore Eneegma takes no responsibility for domain or web hosting accounts or errors.
⦁    Hosting via a Third-Party Service Provider. If the Client uses a Third-Party Service Provider, the Client will enter into an agreement directly with that Third-Party Service Provider.
⦁    Eneegma will not be held liable or have any responsibility for the Client’s Hosting Services via a Third-Party Service Provider as we do not have control over the status of hosting, domain renewals or e-mail accounts.
⦁    All technical aspects of websites must be referred to the Client’s Third-Party Hosting Service Provider.
⦁    Eneegma will however assist the Client upon request with Third Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of Eneegma.

 

l)  Search Engine Optimization (SEO):


⦁    Eneegma cannot guarantee search positions or rankings of websites but may include basic Search Engine Optimisation (SEO) set up in the form of Google Search Console, Google Analytics integration, meta tags and descriptions, structure and basic content recommendations for all websites developed. For an in-depth SEO site strategy and optimisation exercise, please consult either the WIX SEO team or another trusted partner to assist you with that specific service.

m)  E-Commerce:


⦁    Eneegma or Third-Party Service Providers will load up to 10 products/services on the website on the Client’s behalf. However, the Client will be able to load unlimited products subject to fair usage of the hosting package.
⦁    Should the Client require more than the aforementioned 10 loaded products/services, Eneegma or Third-Party Service Providers will issue the Client a Quotation/CE accordingly.

 

n)  Balance of Payment:


⦁    The Client is required to e-mail the Proof of Payment to Eneegma email address stipulated in the Quotation/CE or Invoice.
⦁    All work remains the property of Eneegma until the full and final payment is received.

 

o)  Completion Date:


⦁    Project completion, handover or activation of the Client’s website is conditional to the Terms & Conditions n) above.
⦁    Eneegma commits to work expeditiously to complete the quoted products and/or services within the Project Specifications and time-frames indicated as per the Quotation/CE. However, Eneegma cannot guarantee that the project will be concluded on the ideal or mutually agreed project deadline date, as this relies on several factors. The Completion Date of a project is affected by feedback and received content from the Client, which includes documents, information and approved revisions required to successfully complete the design. Moreover, the web design project timeline may be interrupted or delayed due to issues that are beyond our control, such as power and internet blackouts. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.

 

p)  Additional Work:


⦁    Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed in accordance to these Terms and Conditions and a new Quotation/CE.
⦁    All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
⦁    Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Quote with Eneegma remain the responsibility of the Client.
⦁    Eneegma may suggest Additional Work for the Client’s design project, including but not limited to graphic design, software etc. to enhance the Client’s project or website functionality and appearance.

 

q)  Service Agreement:


⦁    The Client may request that Eneegma or Third-Party Service Provider access their website’s Content Management System to make requested changes. Upon doing so, the Client indemnifies Eneegma from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
⦁    Eneegma commit to respond to any technical error, which may be the result of their services, design software or any plausible fault, omission or neglect on their part within this agreement within a reasonable time period, as soon as Eneegma is able.

r)  Invoices and Statements:


⦁    Eneegma is not a credit service provider and does not grant any credit facilities whatsoever.
⦁    Client Statements and accounts does not imply negotiable payment terms and are issued in accordance with the nature of Eneegma being a prepaid and C.O.D. service provider.
⦁    All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon Eneegma having confirmed receipt of said funds.
⦁    Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
⦁    Due to the nature of the business, additional Client Statements will be issued and e-mailed for all overdue balances and additional fees Invoiced as required.

 

s)  Consultations:


⦁    Telephonic, Zoom, Google Meet or e-mail queries will be responded to free of charge for confirmed Clients according to our Terms & Conditions.
⦁    Meetings and consultations will be charged at the discretion of Eneegma, in accordance to these Terms and Conditions, quoted and agreed to.

 

t)  Legal Costs:


⦁    Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Eneegma’ legal representative(s), and the full outstanding balance becomes payable.
⦁    All legal costs resulting of non-payment will be accrued to the Client’s outstanding balance.

 

u)  Cancellations:


⦁    Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the deposit already paid will be billed to the Client. This is payable within 14 (fourteen) calendar days of Invoice date
⦁    Eneegma will only refund Client’s amounts paid, for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to our Terms & Conditions
⦁    All Hosting and Domain Fees provided by Third Party Service Providers are non-refundable, as these are paid in advance.
⦁    Eneegma reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.

9.  Security

 

  • 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 or computer.

  • 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.

10.  General

 

  • 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 Policies 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 Policies 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.

 

11.  Contact

 

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:

  1. By email, using hello@eneegmaunlocked.com

  2. Through our contact number +27 60 902 4721

  3. 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