Terms Of Service

PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES (DEFINED BELOW).

Most Effective (“Most Effective”, “we”, “us”, “our”) provides courses, coaching, content services, digital products, artificial intelligence services, and physical merchandise (collectively, the “Services”) to you through its website located at mosteffective.co.za (the “Site”), which are subject to these Terms.

1. Privacy Statement

Your personal information and privacy are important to us. You acknowledge and agree to the collection, use, and sharing of your personal information through the Site and while you use the Services in accordance with our Privacy Statement found at https://mosteffective.co.za/privacy-policy/, which is hereby incorporated into these Terms. This Privacy Statement includes details about how we collect, use, and protect your data, including any information shared with our third-party service providers. You agree that you have read, understood and agreed to be bound by all of the Terms.

You agree that you have read, understood and agreed to be bound by all of the Terms.

2. Arbitration and Class Action Waiver

Please note that Section 19 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.

3. Eligibility

By using or accessing our Services or Site in any manner, you agree to be bound by these Terms, and affirm, represent and warrant that (a) you are at least 18 years of age or have reached the age of majority in your jurisdiction and have the right, authority and capacity to agree to these Terms, and (b) your access and use of the Services and Site is permitted by, and shall not violate, any applicable laws, including those in your jurisdiction. You also represent and warrant that all information you provide to us is accurate, current, and complete, and that you will use the Services and Site only as set forth in these Terms. If you do not agree with the Terms or do not agree to be legally bound by all of the foregoing Terms, you are prohibited from visiting, accessing, or using the Services and Site.

4. Accessibility

We are committed to helping those with disabilities access the Services or Site. We strive to provide an excellent online experience for all our users – including those with sight, hearing, and other disabilities. If you have difficulty using or accessing any element of the Services or Site or if you have any feedback regarding accessibility of the Services or Site, please feel free to contact us at support@mosteffective.co.za.

5. Applicability

These Terms apply to your use and access of the Services and/or Site. These Terms create a legally binding agreement between you and Most Effective. Most Effective may revise these Terms at any time and without notice to you. These Terms will be posted at mosteffective.co.za. Your continued use of the Services or Site after the date any such changes become effective constitutes your acceptance of the new Terms.

6. Use of the Services Description

The Services, and any content viewed through our Site, are solely for your personal and non-commercial use. By purchasing these Services, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, license to access the Most Effective content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Services for public performances. Most Effective may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms or otherwise.

7. Registration Obligations

You may be required to register with Most Effective in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Registration data and certain other information about you are governed by our Privacy Statement. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian.

8. Member Account, Password and Security

You may never use another’s account, and you may not provide another person with the username and password to access your account. You should maintain control over all of the devices that are used to access the Services. If you fail to maintain control of a device, other users may access the Services through your account and may be able to access certain of your account information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Most Effective of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Most Effective will not be liable for any loss or damage arising from your failure to comply with this Section.

9. Modifications to the Services and Site

Most Effective reserves the right to modify or discontinue, temporarily or permanently, the Services or Site (or any part thereof) with or without notice, including with respect to any or all courses, digital products, AI services, or physical merchandise. You agree that Most Effective will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or Site. We have no obligation to retain any of your account or submitted content for any period of time beyond what may be required by applicable law.

10. General Practices Regarding Use and Storage

You acknowledge that Most Effective may establish general practices and limits concerning use of the Services and Site, including without limitation the maximum period of time that data or other content will be retained by the Services or Site and the maximum storage space that will be allotted on Most Effective servers on your behalf. You agree that Most Effective has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services and Site. You acknowledge that Most Effective reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Most Effective reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

11. Ownership of Content

Except for User Content (defined below), the Services and Site you have accessed and all of its contents as a whole and in part, including, without limitation, our logos, and all designs, text, articles, graphics, pictures, videos, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively “Content”) are protected by copyrights, trademarks, service marks, trade names, international treaties, and/or other proprietary rights and applicable laws, and are owned or controlled by Most Effective, its affiliates and licensors. You agree to protect the proprietary rights of us and all others having rights in the Services and Site. Except as expressly authorized by Most Effective, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, Site or the Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services and/or Site. In connection with your use of the Services and Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Most Effective from accessing the Services and Site (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services, Site or the Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services and Site or distributed in connection therewith are the property of Most Effective, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

12. Likeness Release

By participating in any online classes, workshops, calls, or other interactive events (“Events”) hosted by Most Effective, you acknowledge and agree that Most Effective may record, capture, and use your likeness, voice, and image as part of such Events (collectively, the “Recording”). You grant Most Effective and its affiliates, successors, and assigns an irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, display, and create derivative works from the Recording in any media format, including but not limited to online streaming, social media, promotional materials, educational content, and commercial distribution. You acknowledge and agree that:

No Compensation: You will receive no compensation for participation in the Recording or its subsequent use.
Editing & Distribution: Most Effective has sole discretion to edit, reproduce, and publicly share the Recording without your review or approval.
Waiver of Claims: You release and discharge Most Effective from any claims, demands, or liabilities related to the Recording, including but not limited to rights of privacy, defamation, or misrepresentation.
Ownership: Most Effective retains all ownership rights to the Recording, including copyrights and other intellectual property rights.
Governing Law: This clause and any disputes arising from it shall be governed by the laws of South Africa, and subject to the exclusive jurisdiction of the courts in South Africa.

13. Rights and Licenses

To the extent Most Effective approves the download or use of Content comprised of copyrights or copyrightable works, Most Effective grants you a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Most Effective makes such Content generally available to the public. You acquire absolutely no ownership rights or licenses in or to the Services or Site, Content or materials contained within the Services or Site, other than the limited right for you to access and use the Services or Site and/or Content for personal purposes only and in accordance with the Terms. Except for the limited license granted in these Terms, Most Effective and its licensors retain and reserve all right, title, interest and all proprietary rights in and to the Services or Site and/or Content, including without limitation copyrights, patents, trademarks, service marks and trade names. Most Effective may change, suspend, or discontinue any aspect of the Services or Site and/or Content at any time, without any liability or obligation to you. Most Effective, its licensors and service providers reserve all rights not granted in these Terms.

14. Use of Trademarks and Other Marks or Rights

You may not use any of our trademarks, trade names, service marks, copyrights, or logos, or our partners’, affiliated entities’, licensors’, or their licensors’ trademarks, trade names, service marks, copyrights, or logos, including but not limited to MOST EFFECTIVE and META YOU, in any manner which creates the impression that such items (i) belong to or are associated with you or indicate the sponsorship or approval of us, our licensors, any partners, affiliates, or their licensors; or (ii) are used with our licensors’, partners’, affiliates’, or their licensors’ consent, and you acknowledge that you have no ownership rights in or to any such items.

15. Posting Content on the Services and Site

The Services or Site may provide you with the opportunity to submit, post, display, transmit or otherwise make available certain content, including messages, files, data, software, sound, videos, photos, graphics and other items, on or through the Services or Site (all of the foregoing, inclusive of all metadata relating thereto, but expressly excluding any Content, “User Content”). User Content is owned by you or whoever created it, but when you post User Content you license it to Most Effective as described herein. By submitting, transmitting, posting, displaying or otherwise making available any User Content, you grant us a worldwide, irrevocable, perpetual, unrestricted, fully-transferable, non-exclusive, fully-sublicensable (through multiple tiers of sublicensees), royalty-free and paid-up license to use publicly display, transmit, distribute, exploit, publicly perform, and prepare derivative works of such User Content for our lawful business purposes, including to engage other Users, as well as to provide, promote, and improve the Services and Site, without obligation. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content. Most Effective is not responsible for User Content others post to the Services or Site. You acknowledge and agree that we may edit, modify or prepare derivative works of your User Content, or we may delete or remove any User Content.

16. User Conduct

You agree that, while using the Services or Site, you are solely responsible for the content or information you publish, display or otherwise communicate in any manner, or transmit to other users of the Services or Site. You will not: (i) post on the Services or Site, or transmit to other users, or otherwise communicate any defamatory, libelous, slanderous, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially, religiously or ethnically offensive, tortious or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity); (ii) advertise or offer to sell or buy any goods and services for any business purpose that is not specifically authorized; (iii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (iv) email or otherwise upload or transmit any content that poses or creates a privacy or security risk to any person; (v) email or otherwise upload or transmit any content that constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. You may link to the Site provided that you do so in a way that indicates that the link is direct to the Site and is fair and not misleading. You may not integrate or make use of all or part of the Services or Site in ways that would confuse or mislead visitors as to the nature and origin of the Services or Site’s content.

17. Digital Products and AI Services

Digital products and AI services offered by Most Effective are subject to the following additional terms:

17.1 License to Digital Products

When you purchase digital products (including but not limited to courses, e-books, templates, worksheets, and digital tools), you are granted a non-exclusive, non-transferable, limited license to access and use the digital products for your personal, non-commercial use. You may not redistribute, resell, lease, license, sub-license, or offer the digital products to any third party.

17.2 AI Services

AI services provided by Most Effective are for informational and educational purposes only. You acknowledge that AI-generated content and recommendations:

May not always be accurate, complete, or suitable for your specific circumstances
Should not be considered professional advice (medical, legal, financial, etc.)
May be generated using third-party AI tools with their own terms of service
Are subject to evolving technologies and may be improved, modified, or discontinued

17.3 Content Ownership for AI Interactions

You retain ownership of content you provide to our AI services, but grant Most Effective the right to use such content to provide and improve the AI services. Most Effective retains ownership of AI-generated responses and content, subject to the license granted to you for your personal use.

17.4 Usage Limitations

Access to digital products and AI services may be subject to usage limitations, such as number of downloads, access period, or number of AI queries. These limitations will be specified at the time of purchase.

18. Physical Products

For physical products (including but not limited to clothing, merchandise, printed materials, and other tangible goods), the following additional terms apply:

18.1 Product Information

We strive to display our products accurately, but we do not guarantee that product colors, dimensions, or other attributes displayed on our Site will be accurate. All physical products are subject to availability, and we reserve the right to discontinue any product at any time.

18.2 Shipping and Delivery

When you place an order for physical products, we will ship those products to the delivery address you provide. Shipping times are estimates only and begin from the date of shipment, not the date of order. Most Effective is not responsible for delivery delays caused by customs, shipping carriers, or other factors outside our control.

18.3 Returns and Refunds for Physical Products

Unless otherwise specified at the time of purchase, physical products may be returned within 14 days of delivery if they are unused, in their original packaging, and in the same condition you received them. To initiate a return, please contact us at support@mosteffective.co.za. Return shipping costs are your responsibility unless the product was defective or we made an error in your order. Refunds will be processed using the original payment method.

18.4 Product Warranty

Most Effective warrants that physical products will be free from material defects at the time of delivery. This warranty does not cover damage caused by accident, abuse, misuse, or normal wear and tear. Our liability is limited to replacement of the defective product or refund of the purchase price, at our discretion.

19. Payment Methods

You authorize us to store your payment method information, and to automatically charge your selected payment method on your renewal date for your subscription to the Services, if applicable. You agree to update your payment method, if there is change in the payment method information, such as account information or expiration date. Most Effective can receive updated card information from the financial institution issuing the card. If a payment is not successfully settled, due to insufficient funds, expiration of your payment method, inability to verify your payment method or otherwise, your subscription to the service will cancel and will not auto-renew. You can view your account information and payment activity online by logging into your account on our Site. Refunds are offered at the sole discretion of Most Effective on a case-by-case basis. Check the terms and conditions on the respective purchase page for each product for any deviations from this general policy.

All high-ticket Most Effective offers and products priced over R5,000 ZAR are non-refundable, unless otherwise specifically stated on the purchase page.

19.1 Recurring Subscriptions

IF YOU SELECT AN AUTO RENEWAL FEATURE FOR THE SERVICES (“RECURRING SUBSCRIPTION”), YOU AUTHORIZE MOST EFFECTIVE TO MAINTAIN YOUR ACCOUNT INFORMATION AND CHARGE THAT ACCOUNT AUTOMATICALLY UPON THE RENEWAL OF THE SERVICES YOU CHOOSE WITH NO FURTHER ACTION REQUIRED BY YOU. IN THE EVENT THAT MOST EFFECTIVE IS UNABLE TO CHARGE YOUR ACCOUNT AS AUTHORIZED BY YOU WHEN YOU ENROLLED IN A RECURRING SUBSCRIPTION, MOST EFFECTIVE, MAY, IN ITS SOLE DISCRETION: (I) BILL YOU FOR YOUR SERVICES AND SUSPEND YOUR ACCESS TO THE SERVICES UNTIL PAYMENT IS RECEIVED, AND/OR (II) SEEK TO UPDATE YOUR ACCOUNT INFORMATION THROUGH THIRD PARTY SOURCES (I.E., YOUR BANK OR A PAYMENT PROCESSOR) TO CONTINUE CHARGING YOUR ACCOUNT AS AUTHORIZED BY YOU.

MOST EFFECTIVE MAY CHANGE THE PRICE FOR RECURRING SUBSCRIPTIONS FROM TIME TO TIME AND WILL COMMUNICATE ANY PRICE CHANGES TO YOU IN ADVANCE AND, IF APPLICABLE, HOW TO ACCEPT THOSE CHANGES. PRICE CHANGES FOR RECURRING SUBSCRIPTIONS WILL TAKE EFFECT AT THE START OF THE NEXT SUBSCRIPTION PERIOD FOLLOWING THE DATE OF THE PRICE CHANGE. AS PERMITTED BY LOCAL LAW, YOU ACCEPT THE NEW PRICE BY CONTINUING TO USE YOUR RECURRING SUBSCRIPTION AFTER THE PRICE CHANGE TAKES EFFECT. IF YOU DO NOT AGREE WITH THE PRICE CHANGES, YOU HAVE THE RIGHT TO REJECT THE CHANGE BY CANCELLING YOUR RECURRING SUBSCRIPTION BEFORE THE PRICE CHANGE GOES INTO EFFECT. PLEASE THEREFORE MAKE SURE YOU READ ANY SUCH NOTIFICATION OF PRICE CHANGES CAREFULLY.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. YOU MAY CANCEL A RECURRING SUBSCRIPTION AT ANY TIME, BUT IF YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD, WE WILL NOT REFUND ANY SUBSCRIPTION FEES ALREADY PAID TO US. FOLLOWING ANY CANCELLATION, HOWEVER, YOU WILL CONTINUE TO HAVE ACCESS TO THE SERVICE THROUGH THE END OF YOUR CURRENT SUBSCRIPTION PERIOD. AT ANY TIME, AND FOR ANY REASON, WE MAY PROVIDE A REFUND, DISCOUNT, OR OTHER CONSIDERATION TO SOME OR ALL OF OUR USERS (“CREDITS”). THE AMOUNT AND FORM OF SUCH CREDITS, AND THE DECISION TO PROVIDE THEM, ARE AT OUR SOLE AND ABSOLUTE DISCRETION. THE PROVISION OF CREDITS IN ONE INSTANCE DOES NOT ENTITLE YOU TO CREDITS IN THE FUTURE FOR SIMILAR INSTANCES, NOR DOES IT OBLIGATE US TO PROVIDE CREDITS IN THE FUTURE, UNDER ANY CIRCUMSTANCE.

20. International Use

Software available in connection with the Services and the transmission of applicable data, if any, is subject to South African export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of S.A. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.

21. Arbitration and Class Action Waiver

In the event of a dispute arising under or relating to these Terms (“Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration. Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All Disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under applicable law.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

22. Term and Termination

These Terms will take effect the moment you access or use the Services or Site and will be in effect until terminated as set forth below. The right to access the Services or Site, as applicable, will automatically terminate in the event you breach any of these terms. Termination will be effective without notice. You may terminate these Terms at any time by ceasing to use the Services or Site, as applicable. All applicable provisions of these Terms as identified below will survive termination. Upon termination, you must destroy all copies of any aspect of the Services and Site in your possession. The following will survive termination of these Terms for any reason: Most Effective’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.

23. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND SITE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. YOU ACKNOWLEDGE THAT THE SERVICES AND SITE, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES AND LINKS CONTAINED IN THE SERVICES AND SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES AND SITE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, QUALITY OF INFORMATION, ACCURACY OR COMPLETENESS OF DATA, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR SITE. MOST EFFECTIVE DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, THIRD PARTY MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH LINKS ON THE SERVICES OR SITE. MOST EFFECTIVE DOES NOT WARRANT THAT THE SERVICES OR SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES OR SITE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT MOST EFFECTIVE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

We do not warrant that the Services or Site is compatible with your equipment or that the Services or Site, or e-mail sent by us or our representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that Most Effective and its partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by our negligence or that of our partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns or otherwise arising in connection with the Services or Site and shall not be liable for any lost profits, losses, punitive, incidental, or consequential damages, or any claim against us; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Services or Site caused by your computer equipment or arising from your use of the Services or Site on such equipment.

24. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MOST EFFECTIVE OR ITS PARTNERS AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, EVEN IF WE OR THEY HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES OR SITE, THE CONTENT OR PRODUCTS, ANY THIRD PARTY MATERIALS OR PRODUCTS AVAILABLE OR SOLD ON OR THOUGH THE SERVICES OR SITE, OR ANY LINKS OR ITEMS ON THE SERVICES OR SITE OR ANY PROVISION OF THE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ANY CASE, THE ENTIRE LIABILITY OF MOST EFFECTIVE AND AFFILIATES AND LICENSORS UNDER THESE TERMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE FEES PAID FOR YOUR ORDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE CLAIM.

25. Indemnification

You agree, at your own expense, to indemnify, defend, and hold harmless us and our partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns harmless from and against any claim, suit, action, or other proceeding from and any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Services or Site, or any links on the Services or Site, including but not limited to: (i) any breach or violation of the Terms by you; (ii) material, information, or content submitted or provided by you, including any User Content; (iii) your misuse of the Services or Site; (iv) your negligence or willful misconduct; (v) any actual infringement or misappropriation of third party intellectual property rights related to content you provide, including in the form of User Content; or (vi) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Services or Site by you. We shall provide notice to you of any such claim, suit, or proceeding and may, but are not obligated to, assist you, at your expense, in defending any such claim, suit or proceeding. You agree to pay any and all costs, damages, and expenses, including but not limited to reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense.

26. Governing Law

The Terms shall be governed and construed in accordance with the laws of South Africa, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the courts located in South Africa with respect to any legal proceedings that may arise in connection with the Services or Site or from a dispute as to the interpretation or breach of the Terms and hereby waive any objection to the propriety or convenience of venue in such courts. These Terms constitute the entire understanding and agreement between Most Effective and you with respect to the Services or Site contemplated in these Terms, and supersede all prior or contemporaneous oral or written communications with respect to the subject matter of these Terms, all of which are merged into these Terms. You may not modify, amend or alter in any way these Terms. In the event any provision of these Terms is found to be invalid or unenforceable pursuant to judicial decree, the remainder of these Terms will remain valid and enforceable according to its terms. Any failure by Most Effective to strictly enforce any provision of these Terms will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of these Terms.

27. Digital Millennium Copyright Act (“DMCA”) Notice

Most Effective is committed to complying with copyright and related laws, and requires all users of the Services and Site to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content through the Services or Site in any manner that constitutes infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Most Effective to terminate use privileges of any user who repeatedly infringes the copyrights of others upon receipt of proper notification to Most Effective by the copyright owner or the copyright owner’s legal agent.

If you feel that a posted message is objectionable or infringing, Most Effective encourages you to contact Most Effective immediately.

If you believe that any content appearing on the Services or Site has been copied and posted using the Services or Site in a way that constitutes copyright infringement, please provide a written communication containing the following information to the address below:

Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
The exact URL or a description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

28. Email Communications and Consent

By signing up for our services or submitting your email address to us, you consent to receive communications from us, including transactional emails related to your account/purchases and promotional messages or newsletters. We comply with all applicable anti-spam laws and: – Only send marketing emails to individuals who have explicitly opted-in to receive such communications – Never purchase, rent, or use scraped email lists – Include clear unsubscribe options in every promotional email – Honor opt-out requests promptly – Monitor and maintain acceptable bounce and spam complaint rates You can unsubscribe from any promotional emails at any time by clicking the unsubscribe link included in each email or by contacting us directly. Please note that even if you opt-out of promotional communications, you may still receive transactional emails necessary for account management and purchases. We may use third-party email service providers to deliver communications. Your information will be according to our Privacy Policy, which addresses how we handle data shared with service providers.

29. Contact Information

If you have any questions about these Terms, please contact us at:

Email: admin@mosteffective.co.za
Address: 32A Norman Rd, Bedfordview, Johannesburg, South Africa, 2007

Last Updated: 09/12/2024