NIANELL ENTERPRISES (PTY) LTD
REGISTRATION NUMBER 2002/000441/07

CONFIDENTIALITY AND NON-DISCLOSURE, TERMS & CONDITIONS & PRIVACY POLICY AGREEMENT 
1. WAIVER OF LIABILITY AND RELEASE
1.1  I, agree that I shall not hold NIANELL ENTERPRISES (PTY) LTD, it's shareholders, officers, agents, employees or representatives, or my instructor liable for any adverse effects, injury, harm, illness or damage alleged to have been caused by the use of methods and techniques of any and all one on one sessions, seminars, courses, workshops or whatsoever training, further within referred to as APPOINTMENT, whether during the APPOINTMENT or at any other time.
1.2  I acknowledge that I shall not receive any specific medical knowledge or information in my APPOINTMENT

2. DECLARATION 
I confirm that:
2.1  I shall use the information disclosed during the APPOINTMENT, and contained in the APPOINTMENT literature only for the purpose disclosed during the APPOINTMENT and/or literature.

2.2  I shall treat and safeguard the information as private and confidential.

2.3  I shall not at any time, without the prior written consent of NIANELL ENTERPRISES (PTY) LTD disclose or reveal any information to any other person or party whatsoever.

2.4  I shall not at any time use the information to solicit or entice away or endeavour to solicit or entice away any suppliers to, customers/clients of, or employees of NIANELL ENTERPRISES (PTY) LTD either to join me or for any other purpose.

2.5  I shall not be entitled to impart, deliver and/or share the APPOINTMENT, or any part and/or variation thereof.

2.6  I shall not be entitled to duplicate, distribute and/or share the APPOINTMENT literature, or any part and/or variation thereof.

2.7  The disclosure by NIANELL ENTERPRISES (PTY) LTD of the information contained in the  APPOINTMENT and  APPOINTMENT literature shall not constitute an option, grant or licence to me under any patent, copyright or any other intellectual property rights, or rights of any nature or kind whatsoever, which are presently held by NIANELL ENTERPRISES (PTY) LTD or which may be held by NIANELL ENTERPRISES (PTY) LTD in the future.

2.8  All information disclosed to me by, or on behalf of, NIANELL ENTERPRISES (PTY) LTD shall be and remain the sole property of NIANELL ENTERPRISES (PTY) LTD.

2.9  In the event of any provision of this Agreement being declared invalid, or unenforceable, such provision shall be deemed to be severed and deleted and neither such provision nor its deletion shall affect the validity of the remaining provisions herein.

3.  BREACH
In the event that I fail to comply with the terms and conditions, I confirm that:
3.1  NIANELL ENTERPRISES (PTY) LTD may institute legal action against myself for damages.
3.2  The courts of the Republic of South Africa shall have jurisdiction over any dispute or matter arising out of this agreement.

4.  ACCEPTANCE OF TERMS AND CONDITIONS
Your access to and use of any site or webpage branded by Nianell or NIANELL ENTERPRISES (PTY) LTD is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

5. CREDIT CARD DETAILS
NIANELL ENTERPRISES will never ask for Credit Card details and request that you do not enter it on any of the payment forms on any of our payment sites.

6. PAYMENTS
All payments are paid in full, unless otherwise agreed on by NIANELL ENTERPRISES (PTY) LTD for any services offered at anytime. 

7.  REFUNDS
NO REFUNDS are granted for any reason whatsoever for or on any APPOINTMENT. If you cancel your APPOINTMENT you will forfeit any deposit made to secure your APPOINTMENT. However if you can't make your APPOINTMENT because you’re dealing with a serious illness/medical crisis, we can switch you into another APPOINTMENT SESSION that’s happening later, or figure out some other arrangement that works for you. This remain in the total discretion of NIANELL ENTERPRISES (PTY) LTD.

8.  FORWARD LOOKING STATEMENTS
Materials in our products, services and our websites may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events or outcomes. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate”, “estimate”, “expect”, “project”, “intend”, “plan”, “believe” and other words and terms of similar meaning in connection with a description of potential outcomes that you might reach.

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of outcomes. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else's, in fact no guarantees are made that you will achieve any results from our content, ideas, techniques in our material or APPOINTMENTS.

9. PRIVACY
Our Website is committed to the protection of personal information provided to us. Our Website follows various principles concerning the collection, storage and use of personal information as outlined in the National Privacy Principles of the Commonwealth Privacy Act (1988). Accordingly we have a privacy policy which deals with:

The way we collect, use and disclose personal information;
The way we protect the quality and security of such personal information;
The way that access can be granted to personal information held by us;
The manner of dealing with any complaints concerning the correctness of or access to personal information held by us.

10. WEBSITE CONTENT AND MATERIALS
The information and materials contained in this site (including these terms and conditions) are subject to change without notice. We may discontinue or make changes to the content of this site and the network at any time. Any dated information included in this site is current at the date of publication only, and we will not have any obligation or responsibility to update or amend such information.

11. USAGE RULES 
All third-party promotion of NIANELL ENTERPRISES (PTY) LTD products and materials must clearly state that the products and/or materials belong to NIANELL ENTERPRISES (PTY) LTD. All third-party promotion may not promote NIANELL ENTERPRISES graphics and/or materials in a way that may be construed as an original product and/or material from the third-party promoter.

NIANELL ENTERPRISES (PTY) LTD products and materials bound by these usage rules include, but are not limited to:

- The branding of NIANELL ENTERPRISES (PTY) LTD, the NIANELL ENTERPRISES (PTY) LTD APPOINTMENTS, content, or any of its other properties
- The graphic assets used by NIANELL ENTERPRISES (PTY) LTD  to showcase and/or promote NIANELL ENTERPRISES (PTY) LTD, or any of its other properties
- The verbiage used by NIANELL ENTERPRISES (PTY) LTD in original offerings, products, materials, and/or APPOINTMENTS that is not explicitly stated by NIANELL and/or NIANELL ENTERPRISES (PTY) LTD representatives for application and redistribution

12.  NO WARRANTIES 
This website is provided without any express warranties or guarantees, unless specifically stated and, to the extent permitted by law, without any implied warranties or guarantees. NIANELL ENTERPRISES (PTY) LTD will not guarantee any results or business objectives – we do guarantee that the harder you work, the more you’ll get done!

13.  LINKS TO THIRD PARTY WEBSITES
Links to other websites may be provided from this site. In those circumstances we have no control over the content of those third party websites. We make no express warranties concerning the content of those other sites. In particular we do not warrant the accuracy, completeness or reliability of those sites for a particular purpose, nor do we warrant that such sites or their content are accurate, complete, current and free of defects including but not limited to, viruses or other harmful elements. The user of this site will assume all risks and costs arising from the use of any website linked to this site.

14.  DISCLAIMER
All NIANELL ENTERPRISES (PTY) LTD  website(s) is presented “as is”. We make no representations or warranties of any kind whether express or implied in connection with material on this website including but not limited to warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose, to the extent to which such representations and warranties may lawfully be excluded.

You agree that we will not be liable for any loss or damage which you incur as a result of use of this website including without limitation, damage caused by access delays, computer viruses, system failure or malfunction which may occur in your use of the website including hyperlink to or from third party websites.

To the maximum extent permitted by law we disclaim liability for any direct, indirect, incidental or consequential damage of any kind related to your use of this site.

15.  INDEMNIFICATION
You agree to indemnify and hold harmless NIANELL ENTERPRISES (PTY) LTD and any affiliated organizations, and its directors, officers and employees from any claim or demand including reasonable legal fees, made by any third party due to or arising out of your use of this site or any violation of these terms and conditions.

16. YOUR OWN RESPONSIBILITY 
NIANELL ENTERPRISES (PTY) LTD has made these terms and condition available on all sites and you agree that it is your responsibility to read, acknowledge and accept all of the above terms and condition and that should you not have actioned this responsibility, that  NIANELL ENTERPRISES (PTY) LTD will not be held responsible for your negligence in doing so.

17.  YOUR FEEDBACK
We welcome enquiries or feedback on Our Website or any ideas you may have. Unless specifically stated by you we shall treat any information you provide us with, as non-proprietary and non-confidential.

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