TERMS OF USE

Lombaard Executive Coaching (PTY, Ltd.) (t/a “Strengthsynergy”), the www.Strenghtsynergy.co.za and www.strengthsynergy-usa.com website (the “Site”) and any services via this Site are provided subject to the terms set forth herein.

These Terms of Use (this “Agreement” or these “Terms of Use”), which is a legal agreement between you (“You” or “you”) and StrengthSynergy, shall govern Your use of and access to the Site. By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content to the Site or simply by making any use of the Site, You

(a) accept this Agreement and agree to be bound by each of its terms, and

(b) represent and warrant to StrengthSynergy that

(i) You are of age and have the authority to enter into this Agreement,

(ii) this Agreement is binding and enforceable against You,

(iii) to the extent an individual is accepting this Agreement on behalf of an entity, such an individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, and

(iv) You have read and understood StrengthSynergy’s Privacy Policy, the terms of which are posted at the Site and incorporated herein by reference (the “Privacy Policy”), and agree to abide by the Privacy Policy.

StrengthSynergy reserves the right to make changes to the Sites or these Terms of Use at any time. Any modifications to the Terms of Use will be effective upon posting. Your continued use of the Site following the posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use. You should check the Site regularly to ensure You remain current on the terms and agreements set forth herein.

USE OF THE SITES

The Sites may include information regarding StrengthSynergy and its services, as well as publications presentations and other materials proprietary to StrengthSynergy, and links to its customers or other third-party websites. You may download, view, copy and print information, materials and any other aspect of the Site

(i) solely for your personal, informational purposes, and

(ii) provided that neither the materials nor any proprietary notices or disclaimers therein are modified or altered.

You agree you will not interfere, in any way, with others’ use of or access to the Sites and will not attempt to gain unauthorized access to the account or computer system of any other Site user. You further agree not to take any other action in connection with your use of the Sites, which violates any treaty, law or regulation, and to fully comply with all applicable treaties, laws and regulations in your use of the Site.

You agree to access the Sites through a web browser, and specifically agree not to use any third-party applications to access the Sites or any other page of the Sites. In addition, you agree not to access or attempt to access any password-protected portions of the Sites without an authorized password or through any means other than by submitting your authorized password on the appropriate web page or web tools. You further agree that you will not use any robot, spider or another automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion thereof or any information or content on the Site, without the prior written permission of StrengthSynergy in each instance. In addition, you agree not to link to any page of the Site other than the home page located at  https://www.strengthsynergy.co.za or www.strengthsynergy-usa.com.

UNAUTHORIZED USE OF THE SITES

You shall not use the Sites to post, transmit, convey, submit, distribute, store or destroy any content, photographs, descriptions, drawings, content, audio materials, text, messages or other information (collectively, “Posted Information”):

(a) in violation of any applicable law, statute, ordinance or regulation;

(b) in a manner that will infringe the intellectual property rights of others;

(c) that is defamatory, obscene or trade libellous;

(d) that contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

(e) that is false, misleading or inaccurate in any way; or

(f) in violation of any acceptable use policy or other policy posted at the Sites from time to time.

StrengthSynergy reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Sites, including but not limited to: unauthorized access to the Sites through a third-party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Sites; an action that imposes an unreasonable load on the Sites; or any link to any page of the Sites other than the home page. StrengthSynergy’s decision not to pursue legal action for any violation of the Terms of Use shall not be construed as a waiver of these Terms of Use or StrengthSynergy’s legal rights.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

You expressly agree that your use of the sites, and any information, content, services and materials contained in, accessed via, or described on the site, is at your own risk and that all such information, content, services and materials are provided on an “as is” and “as available” basis. To the full extent permissible by applicable law, StrengthSynergy makes no, and hereby disclaims all, representations or warranties of any kind, express or implied, as to the availability, operation and use of the site and/or the information, content, materials or services on or accessed via the site, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and implied warranties arising from course of dealing or course of performance. In addition, StrengthSynergy does not represent or warrant that the information accessible via the site is accurate, complete, or current, and is not responsible for any errors or omissions therein or for any adverse consequences resulting from your reliance on any aspect of the site. Further, StrengthSynergy makes no representations and warranties that the site will be uninterrupted, secure, or free of errors, viruses, or other harmful components.

In no event shall StrengthSynergy or its affiliates, or the directors, officers, employees, agents, equity holders or representatives of StrengthSynergy or its affiliates (the “StrengthSynergy parties”) be liable to you or any third party for damages of any kind arising out of the use of, access to, reliance on, inability to use or improper use of the site or any information, content, materials or services available thereon (including, but not limited to, any direct, indirect, special, punitive, incidental or consequential damages or damages for loss of profits, goodwill or revenue, business interruption, or loss of data), even if advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise. In any event, StrengthSynergy’s will not be a liability to you for any claim arising hereunder or related hereto.

INDEMNIFICATION

You agree to indemnify and hold the StrengthSynergy Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with:

(i) use of the Sites or any content, information, materials or services contained, displayed or available therein by you or any other person accessing the Sites under any password, user ID or other access method assigned to you;

(ii) your violation of these Terms of Use; or

(iii) your violation of any rights of any third party.

TRADEMARKS AND COPYRIGHTS

The “StrengthSynergy” word name and logo, the “StrengthSynergy” word name and certain other trademarks displayed on our Site are the proprietary service marks or trademarks of StrengthSynergy or its licensors (“Strengthsynergy Marks”). StrengthSynergy Marks may not be used in connection with any product or service that is not StrengthSynergy’s, in any manner that is likely to cause confusion among consumers or to disparage or discredit Strengthsynergy.

 

All other trademarks and service marks not owned by StrengthSynergy or its licensors that appear on this Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by StrengthSynergy. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the service mark or trademark owner.

All content on the Sites, including, but not limited to, works of authorship, publications, presentations, directories, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on the Site are the property of StrengthSynergy or its licensors and are protected by South African and United Staes of America -, and international copyright and other intellectual property laws.

In exchange for Your use of the Sites, You hereby grant to StrengthSynergy an unlimited, perpetual, irrevocable, fully-paid, transferable, assignable, sub-licensable, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, commercially exploit, repurpose, perform and display any and all Posted Information You post to the Sites or submit to StrengthSynergy, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. You also irrevocably grant the users of the Sites the right to access and review Your Posted Information in connection with their use of the Sites.

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary rights of StrengthSynergy or any other person.

LINKS TO THIRD PARTY SITES/THIRD PARTY ADVERTISEMENTS

You acknowledge that, from time to time, StrengthSynergy may provide links to the websites of third parties. StrengthSynergy is not responsible for the content of any linked site, which is not owned by Strengthsynergy, or any link contained in a linked site. The display of any link to a third-party website does not imply endorsement by StrengthSynergy of the linked site or any information or content therein.

In no event will StrengthSynergy be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any advertisement displayed on the sites, or any products, services or other materials relating to any such advertisement, any linked third-party site, or any link contained in a linked site.

FEEDBACK

Except where otherwise expressly provided by StrengthSynergy, all comments or feedback which are solicited by or provided to StrengthSynergy regarding your experiences with, preferences for, opinion of or suggestions regarding the Site (collectively, “Feedback”) shall be considered non-confidential and StrengthSynergy’s property. By submitting such Feedback to StrengthSynergy, you agree that you assign to Strengthsynergy, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to such Feedback, and that StrengthSynergy shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you.

STRENGTHSYNERGY DOES NOT ENDORSE COMMENTS OF USERS

StrengthSynergy does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements of third parties displayed on or transmitted via the Site (“Third-party Content”). Any Third-party content placed on the Site is the views and responsibility of those who post the statements and do not necessarily represent the views of StrengthSynergy.

MODIFICATION OR DISCONTINUANCE OF THE SITE BY STRENGTHSYNERGY

At any time, without notice to you, and for any or no reason, StrengthSynergy may modify or discontinue the Sites. StrengthSynergy shall in no way be held liable for any consequence, which results from StrengthSynergy’s decision to modify or discontinue providing the Sitess.

DENIAL OF ACCESS

StrengthSynergy may prohibit you from using or accessing the Sites for any or no reason, at any time, in its sole discretion, without notice to you.

GOVERNING LAW

The laws of The Republic of South Africa will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of the Terms of Use or your use of the Sites shall be brought exclusively in The Republic of South Africa, and you consent to the jurisdiction of such courts.

MISCELLANEOUS

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. StrengthSynergy’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless StrengthSynergy agrees to such waiver in writing.

If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use (including the Privacy Policy) set forth the entire understanding between you and StrengthSynergy with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and StrengthSynergy with respect to such subject matter.

CONTACT

If you have any questions relating to these Terms of Use, the Sites or StrengthSynergy, please contact us at office@strengthsynergy.co.za.

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

StrengthSynergy respects the intellectual property rights of others. If you believe that any content on the Sites may infringe your copyrights or other intellectual property rights, please provide StrengthSynergy with the written information specified below. Please note that this procedure is exclusively for notifying StrengthSynergy that your intellectual property rights have been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest.

  • A description of where the material that you claim is infringing is located on the Site.

  • Your address, telephone number, and e-mail address.

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

  • A description of the intellectual property right that you claim has been infringed

PRIVACY POLICY

Last Updated: May 27, 2020

Lombaard Executive Coaching (PTY, Ltd.) trading as and conducting business as “StrengthSynergy” (“StrengthSynergy” or “us“) realises that privacy is an important issue for those visiting and using our www.strengthsynergy.co.za and www.strengthsynergy-usa.com websites (the “Site”), and we take your privacy seriously. Please read the following to learn more about how we collect, use and safeguard the information you may provide to us via the Site.

This Privacy Policy is applicable to our registered users and casual visitors to the Sites (sometimes collectively referred to herein as “Users”).

ACCEPTANCE OF THESE TERMS

This Privacy Policy is incorporated into and subject to the terms of the StrengthSynergy Terms of Use. This Privacy Policy applies only to information submitted and collected online through the Sites and does not apply to information that may be collected by StrengthSynergy through any other website, including through any social media site, customer Fan Page or offline. If you do not agree to the terms of this Privacy Policy, please do not provide us with any information and do not use the Site. By using the Site and voluntarily providing your personally identifiable information to us, you consent to the collection and use of such personally identifiable information as set forth in this Privacy Policy.

This Privacy Policy may be revised from time to time, and all such revisions shall be effective upon posting. Please revisit this page often to remain fully informed of our policies.

WHAT INFORMATION DOES STRENGTHSYNERGY COLLECT FROM YOU?

 

Via the Site, StrengthSynergy may collect from you:

(i) certain personally identifiable information, and

(ii) technical and other information.

(iii)Personally, Identifiable Information.  

Contacting Us

The Site permits you to contact us via email or via various forms.  Whenever you send an email or otherwise communicate with us via the Site, you may be providing us with your name, email address, company name, business type, product interest, any other required fields, and any information you choose to include in the text of your message.  For example, you may choose to provide your mailing address or other information necessary or helpful for us to address your query or other concern.

Downloading Materials

The Site permits you to download various materials, such as articles, white papers, ebooks and brochures. Whenever you fill out a form required to download such materials, you may be providing us with your name, email address, company name, business type, product interest, any other required fields, and any information you choose to include in the text of your message.

Participating as a Learner in a StrengthSynergy Program

When you register with StrengthSynergy as a Learner, part of your participation in classes is coaching practice, which may be recorded and retained by Strengthsynergy for evaluation. Additionally, you may submit other recordings of you practising coaching, and transcripts thereof, to StrengthSynergy.

Technical and Other Information

StrengthSynergy uses commonly used automated information-gathering tools.  While you are browsing the Site, we automatically log your IP address (a number assigned to your computer when you use the Internet), general data (including your domain name and the name of the web page from which you entered the Site) and your activity while using the Site.  Additionally, in order to personalize and enhance your experience on the Site, we may also collect information through “cookies.” Cookies are small strings of text that are sent by the Site to your browser and then stored by your browser on your computer’s hard drive. We use cookies to help diagnose problems with our servers and to administer the Site.  We also use cookies to gather broad demographic information and to help identify you (by certain personally identifiable information) in respect to visits to the Site so that we may improve your user experience, and to determine whether you visited the Site from a particular Internet link or advertisement. Strengthsynergy may also use small bits of code called “one-pixel gifs,” “clear gifs,” or “web beacons” embedded in web pages to gather certain web site information.

Information may also be collected passively in the form of logs files that record website activity, including how many “hits” a particular web page is getting (a.k.a. “click-through data”). For example, log file entries are generated every time a user visits a particular page or clicks an image on the Site. These entries enable Strengthsynergy to track a particular User’s visits to a web page, assess overall Site activity, track interest in particular portions of the Site, troubleshoot technical concerns, and identify the type of browser you are using. We may also use the log file entries for our internal marketing and demographic studies, so we can constantly improve the Site.

To the extent that the Site ever displays third party advertisements, such advertisements, may also contain cookies sent by Internet advertising companies or advertisers (known as “third party cookies”). Most web browsers automatically accept cookies, but it is possible to change your browser setup so that it warns you each time a cookie is being sent, blocks third party cookies or blocks or rejects all cookies. However, rejecting cookies may prevent you from taking advantage of certain portions of the Site.

To the extent the Site requires registration at any point in time to access certain features within the Site, we may collect additional information from you, including without limitation, your name, e-mail address, date of birth, contact information and other information.

HOW DO WE COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM YOU?

We collect, retain and use personally identifiable information from you on the Site by expressly requesting it from you (i) at the time you become a registered User of the Site (to the extent the Site requires registration at any point in time) and, (ii) when you update your profile information on the Site and, (iii) when you request information from us via email or via any forms you fill out on the Site, including when you download materials from us, such as articles, ebooks, etc., and, (iv) when you submit information to us as part of your participation in StrengthSynergy’s programs as a Learner.

HOW IS YOUR INFORMATION USED AND PROCESSED?

Our Use of Information. We collect, retain, and use the information we collect via the Site for legitimate business purposes only, as follows: to establish you as a registered User with access to the password protected portions of the Site; to provide the services offered by the Site and to perform normal business operations, which may include billing and collection; to correspond with you regarding the Site or matters relating to your use or potential use of the Site, or to inform you of developments in our company or with our services that we believe may be of interest to you; to correspond with you in the form of promotional emails and newsletters, which contain topics that we believe may be of interest to you; to personalize the Site; to monitor Site visitor traffic patterns and Site usage; for identification and security purposes; to comply with applicable laws; to enforce our agreements with you (including the Terms of Use and Intake Agreement you sign when you join as a Learner); and to protect the rights, property, or safety of StrengthSynergy, our Users, and others.

Our Sharing of Information.  We do not sell or rent your personally identifiable information to third parties. Strengthsynergy will not share, distribute or reference any personally identifiable information with third parties except as otherwise set forth in this Privacy Policy.

We share your information only with our affiliates and third parties providing services on our behalf.  Our affiliates and third parties providing services on our behalf are required to agree to limit their use and disclosure of your information to uses and disclosures that are consistent with this Privacy Policy, however, we cannot guarantee their compliance. We may, however, also share, in aggregate, statistical form, non-personal information regarding the visitors to the Site or our Users, traffic patterns, and Site usage with our partners, affiliates or advertisers. Information obtained from log files is used internally for marketing purposes and/or demographic studies designed to help us improve and tailor the Site and services provided. Such information is not associated with any particular User or with any personally identifiable information.

THIRD-PARTY SERVICES USED TO PROCESS YOUR DATA

Strengthsynergy uses typical third party services to process your data. To the extent possible, Strengthsynergy endeavours to use services that comply with GDPR. These services may change from time to time. As of May 21, 2018, these services include Quickbooks, Xero, Hubspot, Mailchimp, WordPress, Wix developer, GoDaddy, Google Analytics, Google Business Apps, Google Adwords, Facebook Business Manager, Twitter Advertising Manager and LinkedIn Advertising Manager, Zoom and SurveyMonkey.

MODIFICATIONS

We strive to maintain the accuracy of any personally identifiable information that may be collected from you and will use our commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is not accurate.  It is your responsibility to ensure that such information is accurate, complete and up-to-date. Subscribers who wish to delete or make any changes to any personally identifiable information provided to us may do so at any time by contacting us at support@Strengthsynergy.com. Information will be updated immediately.  Removed information may persist in backup copies for a reasonable period of time but will not be generally available.

BLOG

We are not responsible for the republishing of the content found on any blog available within the Site on other Web sites or media without our permission.

Comments are welcomed and encouraged on the StrengthSynergy blog, but there are some instances where comments will be edited or deleted as follows:

  1. Comments deemed to be spam or questionable spam will be deleted. Including a link to relevant content is permitted, but comments should be relevant to the post topic.

  2. Comments including profanity will be deleted.

  3. Comments containing language or concepts that could be deemed offensive will be deleted.

  4. Comments that attack a person individually will be deleted.

  5. StrengthSynergy reserves the right to edit or delete any comments submitted to its blog without notice. This comment policy is subject to change at any time.

MAILING LISTS

When you fill out any forms on our website or register with StrengthSynergy, we may contact you from time to time with information regarding our services and with marketing materials. These emails include, but are not limited to, our monthly newsletter and invitations to webinars.

OPT-OUT

You may opt-out of receiving communications from our affiliates and us by following the opt-out link provided in any email received from us or by contacting us at support@Strengthsynergy.com.

CONSEQUENCES OF NOT PROVIDING INFORMATION

You may choose not to provide us with certain personally identifiable information.  However, choosing not to provide certain requested personally identifiable information may prevent you from accessing and taking advantage of certain services offered by Strengthsynergy.

THIRD-PARTY WEBSITES, ADVERTISERS AND APPLICATIONS

The Site may reference or provide links to third party websites, including through third-party advertisements. Strengthsynergy does not control and is not responsible for the third-party websites or for the privacy policies or information practices of third parties or their websites. You should review the privacy policies posted on such sites. Moreover, Strengthsynergy does not have access to or control of the cookies that may be placed by such third parties.

PROTECTING YOUR PERSONALLY IDENTIFIABLE INFORMATION

Because security is important to both Strengthsynergy and you, we will always make reasonable efforts to ensure the security of our systems. Strengthsynergy employs physical, electronic and administrative safeguards to protect the information we receive from you from unauthorized disclosure.  This includes our requirement for secured logins to access certain information and data and our use of industry-standard [SSL encryption to protect data transmissions and] OAuth2.0 for authentication. Registered Users should not share their login user names or passwords with anyone.  In addition, if you suspect unauthorized access to your information, it is your responsibility to contact Strengthsynergy immediately. Strengthsynergy personnel will never ask you to divulge your password in written or electronic communications. If at all, we will only ask you for your password when you contact us by phone and only in cases where you request customer service to correct a service problem, which requires your password.  Please be aware that Internet data transmission is not always secure and we cannot warrant that information you transmit utilizing the Site is secure.

BUSINESS TRANSFER

Strengthsynergy may, in the future, sell or otherwise transfer some or all of its assets or business to a third party.  Your personally identifiable information and/or technical information we obtain from you via the Site may be disclosed to any potential or actual third party purchasers of such assets and/or may be among those assets transferred.

EFFECTIVENESS

This Privacy Policy is effective as of April 2019.  We reserve the right, at any time, to modify, alter, or update this policy, and any such modifications, alterations, or updates will be effective upon posting.  In the event, we modify this Privacy Policy, your continued use of the Site will signify your acceptance of the modified Privacy Policy.

QUESTIONS?

StrengthSynergy will happily address any concerns about our Privacy Policy or inaccuracies regarding your personal information. Contact us by email: office@strengthsynergy.co.za

+27 82 652 7350
+27 79 471 5036
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