Terms and Conditions - Low Carb 4 Life

TERMS AND CONDITIONS OF BUSINESS

These terms and conditions constitute the basis upon which LowCarb4Life agrees to provide its services to you.  Please make sure that you have read and understood them and raised any queries you may have before agreeing to be bound by them. They will apply to each and every instruction for services and/or products you give us.

  1. INTRODUCTION

LowCarb4Life’s mission is to make low carb simple for all who need it, and provide information for people to make informed eating choices. As part of our service, we offer:

  1. cooking courses to provide clients with the knowledge, tools and inspiration we believe they will benefit from, to the best of our ability;
    1. catering; and
    1. food related information and recipes, either during our cooking lessons or on our website and social media pages.
  • DEFINITIONS

As used in this Agreement the following words have the meanings as set out below:

  • “the Agreement” means these terms and conditions of business concluded between you and us in respect of the Services, together with the terms in the Incorporated Documents which are incorporated by reference;
    • “Client” or “you” means the person who applies (directly or indirectly) to LowCarb4Life for our Services including, but not limited to, a person who applies for his own use or benefit or that of any other person and whether applying as principal, agent or sub-contractor. The Client shall include any other person on behalf of the Client or whom the Client represents;
    • “Disclaimer” means the ‘Disclaimer, Waiver of Liability and Claims, and Indemnity’ document which is available on our website. PLEASE READ THIS CAREFULLY;
    • “Incorporated Documents” means the Disclaimer and the Waiver and Indemnity Form;
    • “Personal Information” shall have the meaning assigned to it in terms of POPI;
    • “POPI” means the Protection of Personal Information Act 4 of 2013 as amended from time to time.
    • “Services” means the provision of cooking lessons, food recipes, food catering and the sale of food and food-related products;
    • “LowCarb4Life”, “we”, “us” and “our” means Mudita Concepts (Pty) Ltd (Registration Number 2004/023037/07), trading as LowCarb4Life of 9 Victoria Green, 66 Putney Road, Kenilworth, Cape Town, 7708 and its affiliates and subsidiaries;
  • THE SERVICES

LowCarb4Life shall provide the Services as requested by the Client from time to time.

  • HOW TO BOOK

STEP 1          Book your Catering or Cooking Course and Lodge your Enquiry

Have a look at our website for ideas for our food catering and cooking lessons. Contact us via email (eat@LowCarb4Life.co.za )or telephone (082 442 3174) to discuss what you would like to book, and when.

STEP 2          Confirmation & Payment

Following your enquiry, we will check availability and finalise dates and times for your catering event or cooking lesson. Once we have confirmed the details we will invoice you for the deposit/booking fee. You can pay by EFT.

Your booking will be confirmed on payment of the invoice in full.  All payments must be made no less than 10 days before the date scheduled for the lesson or catered event, or your place in the lesson or the catering event will be cancelled. [

STEP 3          Booking Information & Details

We will then supply you with the relevant information you may need for your booking, such as directions to the cooking lesson venue and arrival times for the lessons.

  • All quotations or estimates provided by, or bookings made with and/or all Services rendered or vouchers, receipts or tickets issued by or on behalf of LowCarb4Life are subject to this Agreement.
  • REQUIREMENTS TO ATTEND A COOKING LESSON

All Clients attending a cooking course:

  • must be at least 12 years old (children between 12-18 years old will only be entitled to attend our kid’s cooking lessons)
    • must be mentally and physically healthy enough to be able to eat low carb, gluten free and sugar-free food, and safely handles kitchen utensils and appliances;
    • if they are under 18yrs of age, must have written consent from their legal guardian;
    • must arrive at least 10 minutes before the scheduled start time;
    • must follow all of our hygiene and safety procedures (including for the storage and consumption of food taken home from a lesson). We recommend that you wear practical clothing, including shoes that cover your toes, a minimal amount of jewellery and hair tied back where necessary;
    • must not attend if a Client has been ill or become ill in the 48 hours before his session with any diseases e.g. colds and flu; diarrhoea, vomiting; and other infections. This is to protect all our clients as these sorts of illnesses can be spread through food. In the event that a Client is unwell we ask that you send someone in your place. The clients who are not unwell will still be expected to attend.

A Client may be refused admission if we suspect that he is under the influence of alcohol or any other substance, is ill with a communicable disease or that he is engaging in inappropriate behaviour.

  • WAIVER AND INDEMNITY FORM AND PHYSICAL HEALTH – FOR COOKING LESSONS
    • Please ensure that you and every person who will attend a cooking lesson with us through a booking made by you signs the Waiver and Indemnity Form that we will provide to you/them before commencement of the event, and that you and they adhere to all age, physical health and other limitations and/or requirements as recorded herein and/or in the Waiver and Indemnity Form.
    • It is your obligation to ensure you, and every person who will attend and/or partake an event with us through a booking made by you, are medically fit to attend and partake in such event.
  • PERSONAL INJURY AND OUR LIABILITY TO YOU
    • Please note that the Services offered by LowCarb4Life involve taking risks and could result in your sustaining serious injuries or death.
    • You must at all times comply with the instructions and requirements given to you by us.
    • This entire clause is subject to any law that imposes liability on LowCarb4Life. LowCarb4Life, its officers, directors, servants or agents will under no circumstances be liable for any claim, loss, damage or injury suffered by any person whether to their person or property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of LowCarb4Life, unless such claim is due to the gross negligence or wilful conduct of LowCarb4Life, and under no circumstances will LowCarb4Life be liable for any indirect or consequential loss or damage and the Client indemnifies LowCarb4Life accordingly.
    • In the event of the Client cancelling a booking with us:
      • with more than 10 days notice before the date for the cooking lesson or catered event, we will refund the fees paid to us in full, within 7 days;  
      • with 5 days or less notice before the date for the cooking lesson or catered event, we shall have the right to either claim the amount of, or retain an amount of the payments that the Client has made to us for such booking, and claim reasonable damages suffered by us.
    • :
      • We reserve the right to discontinue and summarily cancel any booking arrangement in respect of which payment has fallen in arrears, and in the event of this right being exercised, we are entitled to keep any monies already paid to us, and the full balance still owing shall immediately become due and payable on demand; and  
  • VOUCHERS

Any vouchers purchased from LowCarb4Life are valid for 3 months from the date of purchase, and are valid only for the value that was transacted. If the price of the chosen activity changes before the voucher is redeemed then the settlement of this difference will need to be made before a booking can be confirmed.

  1. PARTIES’ RELATIONSHIP

Nothing contained in this Agreement shall be deemed to constitute a relationship of partnership and/or a joint venture between the Client and us.

  1. ITY

All matters relating to the Agreement shall be treated by the parties as confidential and no such matters shall be disclosed to any third party without the prior agreement in writing by both parties (subject to the proviso that confidential information does not include information which is publicly known, or which is available from or disclosed by a third party not bound by any duty of confidentiality under this Agreement).

  1. BREACH

In the event of either party failing to meet its obligations under this Agreement, the innocent party shall be entitled to cancel this Agreement or demand specific performance of the other party’s obligations together with any damages suffered by the innocent party as a result of such default, provided that the defaulting party is given 5 days written notice to remedy the default.

  1. ARBITRATION
    1. Notwithstanding the provisions of clause 7 above, in the event of any dispute arising between the Parties in respect of any matter arising out of this Agreement, then that dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation. Such arbitration shall take place within the city of Cape Town, South Africa.
  1. Nothing contained herein shall preclude any of the parties to this Agreement from approaching a court of competent jurisdiction for an interdict or for relief on an urgent basis.
  1. CESSION AND ASSIGNMENT

LowCarb4Life shall be entitled to cede or assign any of its rights or obligations under this Agreement without Client’s prior written consent. Client shall not be entitled to cede or assign any right or obligations under this Agreement without LowCarb4Life’s prior written consent.

  1. CONFLICTING PROVISIONS AND INCORPORATED DOCUMENTS
    1. In the event of a conflict between this Agreement and the provisions of any invoice or booking schedule we provide to you, the provisions of this Agreement shall prevail.
    1. In the event of any conflict between this Agreement and any part of the Incorporated Documents: with respect to privacy matters, the provisions of the Privacy Policy shall prevail, with respect to waivers, indemnities, and/or liabilities, the Waiver and Indemnity Form shall prevail, and in all other cases this Agreement shall prevail.
  1. DOMICILIUM AND NOTICES

The Parties choose the following physical addresses and email addresses at which documents in legal proceedings in connection with this Agreement may be served (ie their domicilia citandi et executandi) and at which any written notice in connection with this Agreement may be addressed:

  1. LowCarb4Life: as recorded in this Agreement; and
    1. the Client: as recorded in the Waiver and Indemnity Form (where one has been signed) or the email address from which any queries, quotes or invoices have been sent to us by the Client, or by us to the Client.
  1. EFFECTIVE DATE

The effective date of the Agreement shall be the date on which the Client accepts the Agreement or is deemed to accept it under clause 18, whichever is the earlier.

If you instruct us to proceed with a booking or to assist with any other matter, or have made any payment to us, without having initialled/signed and returned a copy of this Agreement and/or the Waiver and Indemnity Form to us, you will be deemed to have accepted this Agreement, as amended or supplemented by any specific terms agreed to by us in writing.

  1. 19.   WHOLE AGREEMENT
    1. 19.1.        This Agreement makes up the whole agreement between the Parties. Neither Party shall be obliged to comply with any express or implied term, condition, undertaking, representation, warranty, or promise not recorded in this Agreement. This Agreement replaces any arrangement or understanding held by the Parties before this Agreement was signed and accepted.

Neither Party shall lose any of its rights under this Agreement if it does not immediately and in every instance insist on them.

The parties acknowledge that each clause of this Agreement is separate.  If any clause of this Agreement is or becomes illegal, invalid or unenforceable for any reason or in any jurisdiction, it will be treated as of it had not been written.  This does not:

  • make the rest of the Agreement illegal, invalid or unenforceable;
    • affect the legality, validity or enforceability of the clause in another jurisdiction.

This Agreement shall be governed, interpreted and implemented in accordance with the laws of South Africa.

The Parties consent to all proceedings instituted in connection with this Agreement being instituted in the Magistrate’s Court in terms of section 45 of the Magistrate’s Court Act of 1944 (as amended).

  • COSTS

If LowCarb4Life brings legal proceedings against the Client to enforce payments of amounts owed to it, the Client shall be responsible to pay all costs LowCarb4Life incurs in collecting the payment on an attorney and own client scale.

  • DATA PROTECTION AND PROTECTION OF PERSONAL INFORMATION
    • The parties acknowledge and agree that some data provided by Client to us, or to which we may have access to pursuant to this Agreement, shall constitute Personal Information.
    • Where Client supplies Personal Information to us, we will:
      • use the personal information for purposes of providing services to the Client and the person for whom Client booked activities with us, and in terms of this Agreement;
      • notify the Client of any request we receive from third parties for access to or changes to the Personal Information;
      • not transfer the Personal Information in any manner to any third party not authorised in writing by the Client;
      • not send Personal Information outside South Africa to a territory without at least the same or better data privacy laws without prior written authorization from the Client other than as set out in this Agreement.
    • The Client warrants that it has obtained all necessary consents, where required, from its end users, suppliers, employees or any other third parties when requesting their Personal Information for the purposes of providing it to LowCarb4Life to utilize to provide the services as set out in this Agreement. In the event that LowCarb4Life suffers any loss as a result of a breach of this warranty, the Client indemnifies LowCarb4Life fully and such indemnity shall not be limited.
  • GENERAL
    • The Client understands that the terms in bold and/or underlined have important legal consequences.
    • By making a booking or payment through LowCarb4Life you are deemed to have read, understood and accepted these terms and conditions and to have the authority to do so on behalf of the person in whose name the ultimate reservation or booking is made.
    • The Client agrees that the terms of this Agreement shall serve as a release and express assumption of risk for yourself, your heirs, assignees, administrators, executors, and all members of your family, including any minors accompanying you or attending on their own.

Because Life should be delicious!