Disclaimer


By using this website you acknowledge and agree to this website.
Use of this website and related products and/or services shall be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts.
Use of this website or information, products and services available on this website is at the user’s own risk. Notwithstanding the provisions of section 43(5) and 43(6) of the Electronic Communications and Transaction Act, Performance Development accepts no liability whatsoever relating to any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the information on this Website, your use of this Website or any actions or transactions resulting therefrom, even if Performance Development has been advised of the possibility of such loss, expense, claim or damages.

Performance Development makes no presentation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information obtained from this Website. Performance Development also makes no warranty or representation, whether express or implied, that the products, information or files available on this Website are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software. 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 or jeopardise the operation or content of a computer system, computer network or your hardware or software. Performance Development accepts no responsibility for any errors or omissions on this Website.

Performance Development may, in its sole discretion, at any time, suspend or terminate the operation of this website or any of the products or services provided in terms of this Website, without prior notice.

Notwithstanding the fact that this Website may refer to and/or provide links to other websites, your use of such other websites is entirely at your own risk and Performance Development is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other Website. Performance Development also does not endorse, warrant or make any representations about the content, products, services, security or reliability of such other websites.

All rights reserved.

Disclaimer on E-mails

The information is or attached to this e-mail message is confidential and may be subject to legal privilege and client confidentiality. If you are not the intended recipient of this e-mail or the authorised representative of the recipient then please notify the sender of this e-mail immediately by return e-mail and delete this message from your system. You may not print, store, forward or copy this message or any part thereof or disclose or cause information on this message to be disclosed to any other person.

Performance Development cannot be held liable for any harm or loss resulting from malicious software code or viruses in this message or attachments, including data corruption resulting there from.

Employees or representatives of Performance Development are not permitted to send unsolicited messages ("spam") and Performance Development cannot be held liable for their sending of such mail. If you regard this message as spam, please inform us immediately by sending an e-mail to info@pdiza.co.za

If this message obtains offensive, derogatory or defamatory statements or materials, it means the message has been sent outside the senders scope of employment with Performance Development and only the sender can be held liable in his/her personal capacity.

General And Social Media Disclaimer

Thank you for visiting the Performance Development (“Performance Development”) Facebook Fan Page (this “Page”). As our online community grows, we will work to ensure that we are providing an online forum that is welcoming, informative and of consistent value to our visitors: a place where PERFORMANCE DEVELOPMENT can share information about PERFORMANCE DEVELOPMENT products, initiatives, news and where all fans are encouraged to share their opinions and views (and to comment on those of others) in a civil, respectful manner.

The comments, graphics, videos, links and any other type of material (“User Content”) posted by fans on this Page do not necessarily reflect the opinions or ideas of PERFORMANCE DEVELOPMENT, its employees or affiliates. PERFORMANCE DEVELOPMENT (a) does not represent or warrant the accuracy of any statement made here, (b) is not responsible for any User Content on this site, and (c) does not endorse any opinions expressed on this Page. However, PERFORMANCE DEVELOPMENT may report or remove any Content that violates these Terms of Use or is otherwise inappropriate for any reason as PERFORMANCE DEVELOPMENT determines in its sole discretion. This Page is governed by the PERFORMANCE DEVELOPMENT Company Policies and Company Website Terms and Conditions. By using or accessing Facebook, and this site, you are accepting the practices described in the Facebook Terms of Use and Facebook Privacy Policy. In addition, by posting Content to this Page, you agree that you have read and are familiar with these policies, terms and conditions, and agree to the additional terms below.

I. Acceptance of terms

PERFORMANCE DEVELOPMENT provides this service to you, subject to the following Terms of Use ("TOU"), which may be updated by PERFORMANCE DEVELOPMENT from time to time without notice to you. You can review the current version of the TOU at any time on the PERFORMANCE DEVELOPMENT fan Page, under the Notes tab.

II. Purpose

The purpose of the PERFORMANCE DEVELOPMENT Facebook Page is to increase awareness of the PERFORMANCE DEVELOPMENT brand while keeping users up to date on PERFORMANCE DEVELOPMENT news and events taking place at PERFORMANCE DEVELOPMENT. The fan Page is a place for users to ask questions, share ideas, share photographs and certain information, and engage with other PERFORMANCE DEVELOPMENT fans in a respectful and civil manner. This fan Page is not a soapbox for any one user or group of users.

III. Description of service

The PERFORMANCE DEVELOPMENT fan Page operates on the Facebook platform. It provides its fans with a variety of features, including but not limited to: video and photo sharing, access to a community blog, discussion forum, messaging, chat, and notifications of developments at PERFORMANCE DEVELOPMENT and its facilities. PERFORMANCE DEVELOPMENT reserves the right to alter at any time the types of features that the PERFORMANCE DEVELOPMENT fan Page provides, with no notice to fans of this Page.

IV. Security

Participation in the PERFORMANCE DEVELOPMENT fan Page is voluntary. You are responsible for maintaining the confidentiality of your login, and are fully responsible for all activities that occur under your login. You agree to (a) immediately notify the PERFORMANCE DEVELOPMENT fan Page manager of any unauthorized use of your login or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PERFORMANCE DEVELOPMENT cannot and will not be liable for any loss or damage arising from your failure to comply with this Security section.

V. Fan Conduct

You understand that all information, data, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not PERFORMANCE DEVELOPMENT, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the site. PERFORMANCE DEVELOPMENT does not control the Content posted except as described below and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that may be offensive, indecent or objectionable. Under no circumstances will PERFORMANCE DEVELOPMENT be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the site.

By becoming a fan or "liking" the PERFORMANCE DEVELOPMENT fan Page, you agree that you will not use the site to:


1. Post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way;
3. Impersonate any person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the site;
5. Post, email, transmit or otherwise make available any Content that purports to provide individual medical and/or therapeutic claims or other healthcare advice; or that promotes an “off-label” or unapproved use of a drug;
6. Post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
7. Post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
8. Post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
9. Post, email, transmit or otherwise make available any Content that is used to buy or solicit any goods, services, or money to advertise or sell products or services of other companies or links to your “My PERFORMANCE DEVELOPMENT” Page or statements such as "buy from me," "purchase this product from me here."
10. Post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
11. Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in exchanges;
12. Interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site;
13. Intentionally or unintentionally violate any applicable local, state, national or international law;
14. Stalk or otherwise harass another; or
15. Collect or store personal data about other users.
If you see Content you believe violates these Posting Guidelines please contact us at: general@foreverliving.com

By submitting Content to this Page, you also agree to the following terms and conditions.

1. You acknowledge that PERFORMANCE DEVELOPMENT does not pre-screen all Content, but that PERFORMANCE DEVELOPMENT and its designees shall have the right (but not the obligation) in their sole discretion to discontinue, temporarily or permanently, the acceptance of Content and/or your ability to access Content with or without notice, in its sole discretion, any Content that violates the TOU or is otherwise determined to be objectionable. You agree that PERFORMANCE DEVELOPMENT shall not be liable to you or to any third party for any suspension or discontinuance of acceptance of Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content.
2. You acknowledge and agree that PERFORMANCE DEVELOPMENT may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PERFORMANCE DEVELOPMENT, its users and the public.
3. You understand that the technical processing and transmission of the site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. You agree that if you post content that contains statements or depictions of violence against a person, group of people, or country, that PERFORMANCE DEVELOPMENT will report this incident and its content to the appropriate law enforcement agency.
5. You represent and warrant that all Content (including, without limitation, all statements by you contained therein) you post is original with you, is truthful and accurate, and that you own all right, title and interest in the Content and any elements you include in the Content (you may be required to provide documentation in a form acceptable to PERFORMANCE DEVELOPMENT evidencing such rights). You further represent and warrant that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to submit, upload, post and transmit Content.
6. You grant to PERFORMANCE DEVELOPMENT and its affiliated entities an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, transferable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display Content (in whole or part), and any names and likenesses contained therein, as well as biographical information and quotations that you post to this Page in any and all media, including, without limitation, on PERFORMANCE DEVELOPMENT’s websites and Pages on social media sites, in PERFORMANCE DEVELOPMENT’s brochures, and in advertising, without compensation, notification, approval or any other obligation, to anyone, including yourself. Furthermore, PERFORMANCE DEVELOPMENT is free to use Content and any ideas, concepts, know-how, or techniques contained in or derived from the Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products, services and PERFORMANCE DEVELOPMENT’s charitable ventures using such information, without compensation, notification, approval or any other obligation, to anyone, including yourself.
7. You will not have any claim against PERFORMANCE DEVELOPMENT with respect to any use or non-use of Content, and to the extent a claim is made against PERFORMANCE DEVELOPMENT or any of its affiliated entities by any third party with respect
to your Content, you agree to indemnify and hold PERFORMANCE DEVELOPMENT and its affiliated entities harmless with respect to any such claims, including, without limitation, attorneys’ costs and expenses incurred in connection therewith. DIGITAL MILLENNIUM COPYRIGHT ACT INFRINGEMENT NOTIFICATION: If you believe that any of the materials on the Page infringe your copyright, you should notify PERFORMANCE DEVELOPMENT of your copyright infringement claim

VI. Special admonitions for international use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

VII. Content submitted or made available for inclusion on the site

PERFORMANCE DEVELOPMENT does not claim ownership of Content you submit or make available for inclusion on the site. PERFORMANCE DEVELOPMENT only claims ownership over self-generated content created by PERFORMANCE DEVELOPMENT for inclusion on this site. It does not take responsibility for the inclusion of third-party links or other third-party content such as articles.

VIII. Indemnity

You agree to indemnify and hold PERFORMANCE DEVELOPMENT, and its employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the site, your use of the site, your connection to the site, your violation of the TOU or your violation of any rights of another.

IX. No resale of service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the site, use of the site or access to the site.

X. General practices regarding use and storage

You acknowledge that PERFORMANCE DEVELOPMENT may establish general practices and limits concerning use of the site, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the site, and the maximum number of times (and the maximum duration for which) you may access the site in a given period of time. You agree that PERFORMANCE DEVELOPMENT has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the site. You further acknowledge that PERFORMANCE DEVELOPMENT reserves the right to change these general practices and limits at any time, in its sole discretion.

XI. Modifications to service

PERFORMANCE DEVELOPMENT reserves the right, at any time and from time to time, to modify or discontinue (temporarily or permanently) the site (or any part thereof). You agree that the PERFORMANCE DEVELOPMENT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site.

XII. Termination

You agree that PERFORMANCE DEVELOPMENT, in its sole discretion, may terminate your access to the site, and remove and discard any Content within the site, for any reason, including, without limitation, for lack of use or if PERFORMANCE DEVELOPMENT believes that you have violated or acted inconsistently with the letter or spirit of the TOU. PERFORMANCE DEVELOPMENT may also in its sole discretion and at any time discontinue providing the site, or any part thereof. You agree that any termination of your access to the site under any provision of this TOU may be effected without prior notice, and acknowledge and agree that PERFORMANCE DEVELOPMENT may immediately suspend your access to the site. Further, you agree that PERFORMANCE DEVELOPMENT shall not be liable to you or any third-party for any termination of your access to the site.

XIII. Links

The PERFORMANCE DEVELOPMENT fan Page may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that PERFORMANCE DEVELOPMENT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PERFORMANCE DEVELOPMENT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Facebook may contain links to other websites. PERFORMANCE DEVELOPMENT is not responsible for the privacy practices of other websites. You are encouraged to be aware when you leave our site to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by Facebook.

XIV. Terms of use, notices and revisions

We reserve the right to change our Privacy Policy and our Terms of Use at any time. If we make changes, we will post them and inform the community of the changes. If we make significant changes to this policy, we will notify you through notice on our home Page. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy.

XV. Contact the PERFORMANCE DEVELOPMENT fan Page

If you have any questions about the Page TOU defined herein, please contact the PERFORMANCE DEVELOPMENT fan Page Manager at info@pdiza.co.za