Terms & Conditions

Quick Reference

Introduction

  1. This website can be accessed at https://rhythmandflow.co.za/, related mobi-sites and software applications (the “Website”) and is owned and operated by Rhythm and Flow Wellness (“Rhythm and Flow”, “R&F”, “we”, “us” and “our”).
  2. These Website Terms and Conditions (“Terms and Conditions”, “T&Cs”, “Terms of Use”) govern the ordering, sale and delivery of Goods, and the use of the Website.
  3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
  4. The Website enables you to book life coaching sessions as well as shop online for a range of services and goods which may include one-on-one sessions, activewear and accessories (“Goods”).

Important Notice

  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which – may limit the risk or liability of Rhythm and Flow; and/or may create risk or liability for the user; and/or may compel the user to indemnify Rhythm and Flow; and/or serves as an acknowledgment, by the user, of a fact.
  3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  4.  If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Rhythm and Flow to explain it to you before you accept the Terms and Conditions or continue using the Website.
  5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Rhythm and Flow in terms of the CPA.
  6. Rhythm and Flow permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
  7. These Terms and Conditions are divided into three sections, as follows:
    1. Part A – Orders and Sales;
    2. Part B – Coaching & Mentorship
    3. Part C – Privacy Policy; and
    4. Part D – General Legal Terms 

Returns Policy

Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds or exchanges). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Part A

Orders and Sales

  1. Registration and use of the Website: Only registered users may order Goods on the Website.
  2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Rhythm and Flow. You will need to use your unique username and password to access the Website in order to purchase Goods.
  3. You agree and warrant that your username and password shall:
  4. be used for personal use only; and
  5. not be disclosed by you to any third party.
  6. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
  7. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
  8. You agree to notify Rhythm and Flow immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
  9. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
  10. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
  11. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
  12. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.

Conclusion of Sales and Availability of Stock

  1. Registered users may place orders for Goods, which Rhythm and Flow may accept or reject. Whether or not Rhythm and Flow accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including, without limitation, the price) and receipt of payment or payment authorisation by Rhythm and Flow for the Goods.
  2. NOTE: Rhythm and Flow will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Rhythm and Flow come into effect (the “Sale”). This is regardless of any communication from Rhythm and Flow stating that your order or payment has been confirmed. Rhythm and Flow will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
  3. Orders may not be cancelled after receipt of payment of the Goods by Rhythm and Flow. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.
  4. Placing Goods in a shopping cart without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping cart if stock is no longer available. You cannot hold Rhythm and Flow liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
  5. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by Rhythm and Flow, Rhythm and Flow will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Rhythm and Flow will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
  6. The Rhythm and Flow Returns Policy applies to all items purchased on https://rhythmandflow.co.za/.

Payment

  1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
  2. Payment may be made for Goods via any of the available payment methods shown in checkout (depending on its availability and your eligibility to use such a method).
  3. Where payment is made by debit card/credit card, we may require additional information in order to authorise and/or verify the validity of payment. We may withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card/credit card supplied for purposes of paying for the Goods, and that your debit card/credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
  4. Any store credit (Rhythm and Flow wallet funds) will be applied automatically to your purchase.
  5. You may contact us via email at info@rhythmandflow.co.za to obtain a full record of your payment. We will also send you email and SMS communications about your order and payment.
  6. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Delivery of Goods

  1. Rhythm and Flow offers one method of delivery of Goods to you, which is via courier.
  2. Please see details of our delivery and shipping terms and conditions in our FAQ: Shipping Information, which is incorporated by reference.
  3. Some items (heavy or large, based on volumetric weight) may carry additional delivery fees. These additional fees are included in the delivery cost upon checkout. 
  4. Where it accepts your order, Rhythm and Flow will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

Errors

  1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

Vouchers & Coupons

  1. Rhythm and Flow may from time to time sell electronic gift vouchers (“Vouchers”) and make electronic promotional codes (“Coupons”) available for use on the Website towards the purchase of Rhythm and Flow products. More specifically:

Vouchers

  1. Vouchers are valid for 3 years after sale. If your Voucher has not been used within that period, it will expire. 
  2. Vouchers cannot be used to buy other Vouchers or Coupons, and are not transferable. Vouchers are only eligible for redemption via the original email address that they were sent to. Vouchers do not accrue interest and are not refundable for cash once purchased.
  3. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

Coupons

  1. Coupons are issued electronically in Rhythm and Flow’s sole discretion. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
  2. As a general rule, and unless specified otherwise on the specific Coupon itself:
  3. a coupon can only be used once, with promotional offers on the Website;
  4. only one Coupon can be used per person unless Rhythm and Flow specifies otherwise; and
  5. the value of the Coupon will be set off against the value of your shopping cart and the balance remaining, if any, will be payable by you.
  6. Coupons cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not transferable to any other person.
  7. If Rhythm and Flow is running a special on the Website where a discount is automatically applied upon check-out, and you try to redeem a Coupon as well, the Website will automatically apply the promotion of greater value or benefit to you. Site
  8. Site Promotions: From time to time, Rhythm and Flow will run promotions. These promotions will either be on selected products or site-wide. For each promotion, there wil be specific terms and conditions. Promotions may require the users to apply the stated promo code to their cart during the check-out process.
  9. Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds or exchanges). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Part B

Coaching & Mentorship

Description

  1. Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional, or business goals and to develop and carry out a strategy/plan for achieving those goals.

Coach-Client Relationship

  1. The Coach agrees to maintain the ethics and standards of behavior established by the Association for Coaching (AC) global codes of ethics. It is recommended that the Client review the AC Code of Ethics and the applicable standards of behavior – https://www.associationforcoaching.com/page/AboutCodeEthics
  2. The Client is solely responsible for creating and implementing his/her own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. The Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
  3. The Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
  4. The Client acknowledges that coaching is a comprehensive process that may involve different areas of his/her life, including work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility. 
  5. The Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association, and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical, or other qualified professionals, and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
  6. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the program.

Services

  1. The Coach will be available to the Client by email in between scheduled meetings as defined by the Coach and may also be available for additional time, per the Client’s request on a prorated basis (for example, reviewing documents, reading, or writing reports, engaging in other Client related services outside of coaching hours).

Schedule and Fees

  1. All payments are due prior to the start of your first session and/or the agreed instalment due dates. No refunds will be given on any missed sessions for whichever reason; however, the Coach will attempt in good faith to reschedule the missed meeting subject to availability.  

Cancellation Policy

  1. The Client agrees that it is the Client’s responsibility to notify the Coach 24-Hours in advance of the scheduled calls/meetings if a session cannot be attended. The Coach reserves the right to bill the Client in full for a missed meeting for all late cancellations. The Coach will attempt in good faith to reschedule the missed meeting at the next available date.

Confidentiality

  1. The coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the AC Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognised privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.
  2. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.

Release of Information

  1. The Coach engages in training and continuing education pursuing and/or maintaining Association for Coaching Credentials. According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.

Record Retention Policy

  1. As his/her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship, records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 5 years.

Limited Liability

  1. The Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential, or special damages.

Part C

Privacy Policy

  1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.

Part D

General Legal Terms

  1. Changes to these terms and conditions:
  2. Rhythm and Flow may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
  3. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

Electronic Communications

  1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.

Ownership and Copyright

  1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Rhythm and Flow, its advertisers and/or sponsors and/or is licensed to Rhythm and Flow.
  2. You will not acquire any right, title or interest in or to the Website or the Website Content.
  3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at info@rhythmandflow.co.za.
  4. Where any of the Website Content has been licensed to Rhythm and Flow or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

Disclaimer

  1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
  2. Whilst Rhythm and Flow takes reasonable measures to ensure that the content of the Website is accurate and complete, Rhythm and Flow makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
  3. Rhythm and Flow disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
  4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
  5. Any views or statements made or expressed on the Website are not necessarily the views of Rhythm and Flow, its directors, employees and/or agents.
  6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Rhythm and Flow also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Rhythm and Flow, its employees, agents or authorised representatives. Rhythm and Flow thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

Linked Third-Party Websites

  1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Rhythm and Flow is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
  2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

Limitations of liability

  1. Rhythm and Flow cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Rhythm and Flow, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@rhythmandflow.co.za.
  2. Rhythm and Flow shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise form your use of, or reliance upon, the Website or the content contained in the website; or you inability to use the Website, and/or unlawful activity on the Website and/or any linked Third Party Website.
  3. You hereby indemnify Rhythm and Flow against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked Third Party Website.

Availability and Terminations

  1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
  2. Rhythm and Flow may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Rhythm and Flow will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
  3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
  4.  Rhythm and Flow is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, the Return Policy, and/or have created multiple user profiles to taken advantage of a promotion or Coupon intended by Rhythm and Flow to be used once-off by you, to blacklist you on its database, suspend or terminate access to your user account and/or the Website, refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Rhythm and Flow, in whole or in part, on notice to you.
  5. Rhythm and Flow is not liable for any loss or damages suffered by you as a result of any actions taken by Rhythm and Flow.

Governing Law and Jurisdiction

  1.  These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
  2. In the event of any dispute arising between you and Rhythm and Flow, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
  3. Nothing in this clause or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Notices

  1. Rhythm and Flow hereby selects 22 Bellamont Road, Umdloti Beach, KwaZulu-Natal, South Africa, 4320 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). Rhythm and Flow may change this address from time to time by updating these Terms and Conditions.
  2. You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving Rhythm and Flow not less than 7 (seven) days’ notice in writing.
  3. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –
  4. by hand will be deemed to have been received on the date of delivery;
  5. by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
  6. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “Read Receipt” function to serve as proof that an email has been received.

Rhythm and Flow Information

  1. For the purposes of the ECT Act, Rhythm and Flow’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
  2. Full name: Rhythm and Flow t/a https://rhythmandflow.co.za/, a private company in South Africa.
  3. Main business: Online services and goods
  4. Physical address for receipt of legal service (also postal and street address): 22 Bellamont Road, Umdloti Beach, KwaZulu-Natal, South Africa, 4320.
  5. Intellectual property complaints: If you have a complaint/allegation of intellectual property infringement, please send your complaint/allegation to info@rhythmandflow.co.za and include the following key information: the specific URLs on the platform that relate to your complaint/allegation; and actual copies of the South African/CIPC-issued certification that you are relying on (i.e. in order to objectively confirm the intellectual property rights claimed in South Africa and then pass the same on to the affected suppliers/sellers accordingly). Subject to the aforesaid, and subject to the fluidly reactive nature of the platform and its related functionality limitations, we confirm that we’ll be able to investigate those identified URLs and then respond to your complaint/allegation in good faith as soon as possible.

General

  1.  Rhythm and Flow may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
  2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
  3. Any failure on the part of you or Rhythm and Flow to enforce any right in terms hereof shall not constitute a waiver of that right.
  4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
  6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
  7. These Terms and Conditions contain the whole agreement between you and Rhythm and Flow and no other warranty or undertaking is valid, unless contained in this document between the parties.

Introduction

  1. This website can be accessed at https://rhythmandflow.co.za/, related mobi-sites and software applications (the “Website”) and is owned and operated by Rhythm and Flow Wellness (“Rhythm and Flow”, “R&F”, “we”, “us” and “our”).
  2. These Website Terms and Conditions (“Terms and Conditions”, “T&Cs”, “Terms of Use”) govern the ordering, sale and delivery of Goods, and the use of the Website.
  3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
  4. The Website enables you to book life coaching sessions as well as shop online for a range of services and goods which may include one-on-one sessions, activewear and accessories (“Goods”).

Important Notice

  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
  3. may limit the risk or liability of Rhythm and Flow; and/or
  4. may create risk or liability for the user; and/or
  5. may compel the user to indemnify Rhythm and Flow; and/or
  6. serves as an acknowledgment, by the user, of a fact.
  7. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  8.  If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Rhythm and Flow to explain it to you before you accept the Terms and Conditions or continue using the Website.
  9. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Rhythm and Flow in terms of the CPA.
  10. Rhythm and Flow permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
  11. These Terms and Conditions are divided into three sections, as follows:
  12. Part A – Orders and Sales;
  13. Part B – Life Coaching
  14. Part C – Privacy Policy; and
  15. Part D – General Legal Terms.
  16. Returns Policy
  17. Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds or exchanges). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Part A

Orders and Sales

  1. Registration and use of the Website: Only registered users may order Goods on the Website.
  2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Rhythm and Flow. You will need to use your unique username and password to access the Website in order to purchase Goods.
  3. You agree and warrant that your username and password shall:
  4. be used for personal use only; and
  5. not be disclosed by you to any third party.
  6. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
  7. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
  8. You agree to notify Rhythm and Flow immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
  9. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
  10. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
  11. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
  12. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.

Conclusion of Sales and Availability of Stock

  1. Registered users may place orders for Goods, which Rhythm and Flow may accept or reject. Whether or not Rhythm and Flow accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including, without limitation, the price) and receipt of payment or payment authorisation by Rhythm and Flow for the Goods.
  2. NOTE: Rhythm and Flow will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Rhythm and Flow come into effect (the “Sale”). This is regardless of any communication from Rhythm and Flow stating that your order or payment has been confirmed. Rhythm and Flow will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
  3. Orders may not be cancelled after receipt of payment of the Goods by Rhythm and Flow. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.
  4. Placing Goods in a shopping cart without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping cart if stock is no longer available. You cannot hold Rhythm and Flow liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
  5. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by Rhythm and Flow, Rhythm and Flow will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Rhythm and Flow will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
  6. The Rhythm and Flow Returns Policy applies to all items purchased on https://rhythmandflow.co.za/.

Payment

  1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
  2. Payment may be made for Goods via any of the available payment methods shown in checkout (depending on its availability and your eligibility to use such a method).
  3. Where payment is made by debit card/credit card, we may require additional information in order to authorise and/or verify the validity of payment. We may withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card/credit card supplied for purposes of paying for the Goods, and that your debit card/credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
  4. Any store credit (Rhythm and Flow wallet funds) will be applied automatically to your purchase.
  5. You may contact us via email at info@rhythmandflow.co.za to obtain a full record of your payment. We will also send you email and SMS communications about your order and payment.
  6. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Delivery of Goods

  1. Rhythm and Flow offers one method of delivery of Goods to you, which is via courier.
  2. Please see details of our delivery and shipping terms and conditions in our FAQ: Shipping Information, which is incorporated by reference.
  3. Some items (heavy or large, based on volumetric weight) may carry additional delivery fees. These additional fees are included in the delivery cost upon checkout. 
  4. Where it accepts your order, Rhythm and Flow will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

Errors

  1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

Vouchers & Coupons

  1. Rhythm and Flow may from time to time sell electronic gift vouchers (“Vouchers”) and make electronic promotional codes (“Coupons”) available for use on the Website towards the purchase of Rhythm and Flow products. More specifically:

Vouchers

  1. Vouchers are valid for 3 years after sale. If your Voucher has not been used within that period, it will expire. 
  2. Vouchers cannot be used to buy other Vouchers or Coupons, and are not transferable. Vouchers are only eligible for redemption via the original email address that they were sent to. Vouchers do not accrue interest and are not refundable for cash once purchased.
  3. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

Coupons

  1. Coupons are issued electronically in Rhythm and Flow’s sole discretion. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
  2. As a general rule, and unless specified otherwise on the specific Coupon itself:
  3. a coupon can only be used once, with promotional offers on the Website;
  4. only one Coupon can be used per person unless Rhythm and Flow specifies otherwise; and
  5. the value of the Coupon will be set off against the value of your shopping cart and the balance remaining, if any, will be payable by you.
  6. Coupons cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not transferable to any other person.
  7. If Rhythm and Flow is running a special on the Website where a discount is automatically applied upon check-out, and you try to redeem a Coupon as well, the Website will automatically apply the promotion of greater value or benefit to you. Site
  8. Site Promotions: From time to time, Rhythm and Flow will run promotions. These promotions will either be on selected products or site-wide. For each promotion, there wil be specific terms and conditions. Promotions may require the users to apply the stated promo code to their cart during the check-out process.
  9. Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds or exchanges). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Part B

Coaching & Mentorship

Description

  1. Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional, or business goals and to develop and carry out a strategy/plan for achieving those goals.

Coach-Client Relationship

  1. The Coach agrees to maintain the ethics and standards of behavior established by the Association for Coaching (AC) global codes of ethics. It is recommended that the Client review the AC Code of Ethics and the applicable standards of behavior – https://www.associationforcoaching.com/page/AboutCodeEthics
  2. The Client is solely responsible for creating and implementing his/her own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. The Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
  3. The Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
  4. The Client acknowledges that coaching is a comprehensive process that may involve different areas of his/her life, including work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility. 
  5. The Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association, and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical, or other qualified professionals, and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
  6. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the program.

Services

  1. The Coach will be available to the Client by email in between scheduled meetings as defined by the Coach and may also be available for additional time, per the Client’s request on a prorated basis (for example, reviewing documents, reading, or writing reports, engaging in other Client related services outside of coaching hours).

Schedule and Fees

  1. All payments are due prior to the start of your first session and/or the agreed instalment due dates. No refunds will be given on any missed sessions for whichever reason; however, the Coach will attempt in good faith to reschedule the missed meeting subject to availability.  

Cancellation Policy

  1. The Client agrees that it is the Client’s responsibility to notify the Coach 24-Hours in advance of the scheduled calls/meetings if a session cannot be attended. The Coach reserves the right to bill the Client in full for a missed meeting for all late cancellations. The Coach will attempt in good faith to reschedule the missed meeting at the next available date.

Confidentiality

  1. The coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the AC Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognised privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.
  2. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.

Release of Information

  1. The Coach engages in training and continuing education pursuing and/or maintaining Association for Coaching Credentials. According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.

Record Retention Policy

  1. As his/her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship, records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 5 years.

Limited Liability

  1. The Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential, or special damages.

Part C

Privacy Policy

  1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.

Part D

General Legal Terms

  1. Changes to these terms and conditions:
  2. Rhythm and Flow may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
  3. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

Electronic Communications

  1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.

Ownership and Copyright

  1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Rhythm and Flow, its advertisers and/or sponsors and/or is licensed to Rhythm and Flow.
  2. You will not acquire any right, title or interest in or to the Website or the Website Content.
  3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at info@rhythmandflow.co.za.
  4. Where any of the Website Content has been licensed to Rhythm and Flow or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

Disclaimer

  1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
  2. Whilst Rhythm and Flow takes reasonable measures to ensure that the content of the Website is accurate and complete, Rhythm and Flow makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
  3. Rhythm and Flow disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
  4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
  5. Any views or statements made or expressed on the Website are not necessarily the views of Rhythm and Flow, its directors, employees and/or agents.
  6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Rhythm and Flow also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Rhythm and Flow, its employees, agents or authorised representatives. Rhythm and Flow thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

Linked Third-Party Websites

  1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Rhythm and Flow is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
  2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

Limitations of liability

  1. Rhythm and Flow cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Rhythm and Flow, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@rhythmandflow.co.za.
  2. Rhythm and Flow shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise form your use of, or reliance upon, the Website or the content contained in the website; or you inability to use the Website, and/or unlawful activity on the Website and/or any linked Third Party Website.
  3. You hereby indemnify Rhythm and Flow against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked Third Party Website.

Availability and Terminations

  1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
  2. Rhythm and Flow may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Rhythm and Flow will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
  3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
  4.  Rhythm and Flow is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, the Return Policy, and/or have created multiple user profiles to taken advantage of a promotion or Coupon intended by Rhythm and Flow to be used once-off by you, to blacklist you on its database, suspend or terminate access to your user account and/or the Website, refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Rhythm and Flow, in whole or in part, on notice to you.
  5. Rhythm and Flow is not liable for any loss or damages suffered by you as a result of any actions taken by Rhythm and Flow.

Governing Law and Jurisdiction

  1.  These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
  2. In the event of any dispute arising between you and Rhythm and Flow, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
  3. Nothing in this clause or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Notices

  1. Rhythm and Flow hereby selects 22 Bellamont Road, Umdloti Beach, KwaZulu-Natal, South Africa, 4320 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). Rhythm and Flow may change this address from time to time by updating these Terms and Conditions.
  2. You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving Rhythm and Flow not less than 7 (seven) days’ notice in writing.
  3. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –
  4. by hand will be deemed to have been received on the date of delivery;
  5. by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
  6. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “Read Receipt” function to serve as proof that an email has been received.

Rhythm and Flow Information

  1. For the purposes of the ECT Act, Rhythm and Flow’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
  2. Full name: Rhythm and Flow t/a https://rhythmandflow.co.za/, a private company in South Africa.
  3. Main business: Online services and goods
  4. Physical address for receipt of legal service (also postal and street address): 22 Bellamont Road, Umdloti Beach, KwaZulu-Natal, South Africa, 4320.
  5. Intellectual property complaints: If you have a complaint/allegation of intellectual property infringement, please send your complaint/allegation to info@rhythmandflow.co.za and include the following key information: the specific URLs on the platform that relate to your complaint/allegation; and actual copies of the South African/CIPC-issued certification that you are relying on (i.e. in order to objectively confirm the intellectual property rights claimed in South Africa and then pass the same on to the affected suppliers/sellers accordingly). Subject to the aforesaid, and subject to the fluidly reactive nature of the platform and its related functionality limitations, we confirm that we’ll be able to investigate those identified URLs and then respond to your complaint/allegation in good faith as soon as possible.

General

  1.  Rhythm and Flow may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
  2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
  3. Any failure on the part of you or Rhythm and Flow to enforce any right in terms hereof shall not constitute a waiver of that right.
  4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
  6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
  7. These Terms and Conditions contain the whole agreement between you and Rhythm and Flow and no other warranty or undertaking is valid, unless contained in this document between the parties.