Terms & Conditions
TERMS OF SERVICE
This website is operated by Keto Lifestyle. Throughout the site, the terms “we”, “us” and “our” refer to Keto Lifestyle. Keto Lifestyle offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Keto Lifestyle, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Keto Lifestyle and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 910 28th Avenue, Rietfontein, Pretoria, EC, 0184, South Africa.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
SECTION 21 – REFUNDS AND RETURNS
We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair/replace it, or credit your account, subject to the below terms. This Policy applies to products bought from Keto Lifestyle (digital products) itself and from our Third Party Suppliers (physical products).
We ship and sell all our physical products directly from Third Party Suppliers. For this reason, we are bound to their terms and conditions. As such, all return policies on physical products are strictly in line with the terms and conditions of the respective supplier of the product.
Digital products like eBooks, Coaching Programmes, Recipe Books and Meal Plans are treated differently to other products when it comes to returns, given their digital nature and the fact that, once sent to you, you are in possession of our intellectual property. To honour and respect both our work and yourself, we have the following return policy with regards to digital products:
1. If you are unhappy wih the service you received, please contact us via email or whatsapp to raise your issue with us.
2. We will consult with you and, if possible, provide you with a revised product that addresses and attempts to resolve the issues raised by yourself. This is wholly within our discretion to either provide you with a revised product, or to refund you from the outset, should we believe that it would not be possible to address your issue.
3. If you are still unsatisfied with the revision, we will assess the matter on a case-by-case basis and determine whether we can provide you with a refund subject to a handling fee of up to 50%. All rights reserved.
4. A ketogenic diet, fasting and exercise is not for everyone, especially if you have pre-existing medical conditions. It is your responsibility to consult with your doctor about the safety thereof, and to make an informed decision about proceeding at your own risk before purchasing. If you decide to proceed with the service, please take note that you will not be eligible for a refund, should you later find that you are not able to follow a ketogenic diet, fast or exercise.
Coaching Programme and other digital downloads
1. Once you have received the digital delivery of our PDFs, we reserve the right to refuse any refund or deduct a handling fee of up to 50%. Please make sure of your purchase before making it.
2. If you are not able to participate in any coaching programme for whatsoever reason, your entry is transferrable to any subsequent month thereafter.
3. All subsequent requests for a refund will be assessed on a case-by-case basis.
4. To qualify for the ‘Coaching Programme Lose 3 or it’s free’ guarantee, you must actively participate in the programme on a daily basis. This is measured by your submission of every single daily entry sent out – on the day it was sent out. Failing to submit entries or not answering any of the questions on entries is seen as an abandonment of the programme and will strictly disqualify you from being eligible for this refund.
Furthermore, individuals who are already at quite a low body weight, might naturally not be able to lose that much weight in 3 weeks. For this reason, the rule can also be interpreted as ‘lose 3% of your starting weight’.
5. A ketogenic diet, fasting and exercise is not for everyone, especially if you have pre-existing medical conditions. It is your responsibility to consult with your doctor about the safety thereof, and to make an informed decision about proceeding at your own risk before purchasing. If you decide to proceed with the service, please take note that you will not be eligible for a refund, should you later find that you are not able to follow a ketogenic diet, fast or exercise.
Please note that we only refund to the payment method that you originally used – i.e. payment by credit card will be refunded to the same credit card, payment by Instant EFT or COD (cash on delivery) will be refunded to your nominated bank account, and payment by Discovery Miles or eBucks will be refunded to your Discovery Miles or eBucks account. We make use of Payfast as a pyment gateway and most of our returns will therefore be actioned via their platform. If, for some reason, we are unable to refund you via Payfast, we reserve the right to refund you via a direct deposit of the initial amount of the purchase minus the bank charges levied by Payfast in relation to the specific transaction. We will action and instruct all refunds within 48 hours of indiciting to you that we agree to refund your purchase.
SECTION 22 – MEDICAL DISCLAIMER
The information presented in Keto Lifestyle’s material is by no way intended as medical advice or as a substitute for medical counselling. The information should be used in conjunction with the guidance and care of your physician. Consult your physician before beginning this plan as you would with any exercise and nutrition plan. If you choose not to obtain the consent of your physician and/or work with your physician throughout the duration of your time using the recommendations in the plan, you are agreeing to accept full responsibility for your actions.
The information presented in Keto Lifestyle’s material is for general informational purposes only. It does not constitute the practice of medicine, nursing or other general healthcare services including the giving of medical advice. No doctor patient relationship is formed and the duty of care rests fully between the user and their own healthcare advisors, and not in Baincorp (Pty) Ltd trading as Keto Lifestyle, its affiliates or its directors. The use of this information and the material linked to this plan is at the user’s own risk. The content of The information presented in Keto Lifestyle’s material is not intended to be a substitute for professional medical advice, diagnosis or treatment. Users should not disregard or delay in obtaining medical advice for any medical condition they have and they should seek the assistance of their healthcare professionals for any such conditions.
By continuing with or following any of the information presented in Keto Lifestyle’s material, you recognise that, despite all precautions on the part of Baincorp (Pty) Ltd trading as Keto Lifestyle and its affiliates and directors, there are risks of injury or illness which can occur because of your use of the aforementioned information and you expressly assume such risks and waive, relinquish and release any and all claims which you may have against Baincorp (Pty) Ltd trading as Keto Lifestyle, or its affiliates or directors s a result of any future physical injury or illness incurred in connection with, or as a result of, the use or misuse of the the information presented in Keto Lifestyle’s material or any other cause whatsoever, nothing excluded.
SECTION 23 – NON-DISCLOSURE
Kindly note that you are required to commit to the non-disclosure of any all content and assets that is part of the information presented in Keto Lifestyle’s material, including but not limited to the plan and recommendations that have been sent to you in all formats. You are not entitled or permitted to share, forward, discuss or disclose it with others under any circumstances. Where you are sent information on WhatsApp or via any other electronic means, you are expected not to forward or share it with any other individual or entity whatsoever. Failing to adhere to the non-disclosure policy, we reserve the right to institute action against you for damages and breach of contract. By submitting this agreement, you expressly consent to the jurisdiction of the North Gauteng High Court for any legal matter that may arise by virtue of a breach of this agreement.
SECTION 24 – COPYRIGHT
Copyright 2022 – Baincorp (Pty) Ltd trading as Keto Lifestyle.
All rights reserved.