Website Terms and Conditions of Use Relating to www.eyegym.com Terms and Conditions of Use Relating to www.eyegym.com

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Sherylle Calder Visual Performance (Pty) Ltd (“Provider”) website located at the domain name www.eyegym.com (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider. Important Notice These Terms of Use apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”). These Terms of Use may contain provisions which:

• may limit the risk or liability of or a third party; and/or
• may create risk or liability for the user; and/or
• may compel the user to indemnify the us or a third party; and/or
• serves as an acknowledgement, by the user, of a fact,

Your attention is drawn to these terms (in bold font) because they are important and should be carefully noted.

Privacy Policy & Data Security disclaimer

We also have a Privacy Policy that applies to our Website and is incorporated into these terms and conditions by reference. To view our Privacy Policy, click here http://eyegym.com/privacy-policy/. Additionally, by using our Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to a Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Nonetheless, we maintain security measures in accordance with applicable data protection regulations and industry practices to protect the personal data you provide to us against accidental, unlawful or unauthorized use or disclosure.

Medical disclaimer

No medical claims are made for EyeGym, express or implied. EyeGym is not a medical device and should not be used for the relief or treatment of any condition. EyeGym is not intended as a replacement for medical or psychological treatment. There are some situations and conditions where use of EyeGym is strongly discouraged. This website uses software that creates flickering light at a rate of 25-35 Frames Per Second, which can cause seizures in persons with various medical conditions. Before you proceed to EyeGym and take part in any of the drills, we strongly recommend that you seek advice from your licensed medical practitioner if you have either experienced seizures in the past or believe that you may potentially experience seizures due to flickering on the screen. If you are in any way uncertain of what effect flickering images at a rate of 25-35 Frames Per Second is going to have on you we ask that you DO NOT enter EyeGym until you have received medical confirmation that it is safe for you to participate in the drills. Seizures may be caused by the following conditions: epilepsy; visual photosensitivity; heart disorders (including, but not limited to, cardiac arrhythmia); or use of a pacemaker, stimulants, tranquilizers, psychotropic medications, drugs or alcohol. This list is not intended to be exhaustive and you should consult with your medical practitioner before proceeding if you have reason to suspect that you may have a problem. Even if you do not suffer from any medical conditions, should you feel discomfort we recommend that you set the light intensity levels on your viewing device to the minimum levels. If discomfort should continue, please stop usage immediately and seek medical advice. If you accept this Disclaimer and enter EyeGym, you agree to do so at your own risk and to the extent permitted by law assume full responsibility for any risk to any injury, damage or loss that may result from the use thereof. Dr Sherylle Calder will not be liable for any personal or physical damage or loss, howsoever caused, whether directly or indirectly, resulting from the use of the EyeGym website.

Electronic Communications

By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

E-Commerce & Privacy

The Website www.eyegym.com sells software training programs online. The use of any product or service bought from this Website is at the purchaser’s risk. To the extent permissible by law, the purchaser/user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website. The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device. The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.

Online Payment – Adumo Payment Gateway

All online credit card payments are processed by the Adumo Internet Payment Gateway. Card Holders may go to www.adumo.com/legal/privacypolicy to view the Adumo Privacy Policy. IMPORTANT: To provide continuous service, EyeGym automatically renews all paid subscriptions upon expiration. Such renewals are generally for the same duration as the original subscription term (a 1-month subscription will renew on a monthly basis and so on). By using the Site, you acknowledge that Your Account will be subject to the above-described automatic renewal charges. To understand and accept the terms around cancellation, please read the below section “Cancellation and Refund Policy”.

Cancellation and Refund Policy

When your paid subscriptions begin, your credit card will be immediately charged for the subscription amount. Subject to the CPA and Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), this amount is not refundable. You may cancel at any time before the end of your monthly billing cycle, and you will not be charged for the following month. You will however not be able to receive a refund for any period of the month for which you have already paid. Directions for cancelling are below.

DIRECTIONS FOR CANCELING YOUR ACCOUNT

• Log in to your EyeGym Account.
• Click “Update Programs” (accessed from the top-right profile dropdown).
• In the subnav, choose your subscribed program and click “Cancel Account”.
• Confirm your selection.
• If you are not able to request a cancellation by the above means, please alternatively send a cancellation request by email to support@eyegym.com (and please include the email address used to purchase your subscription, as well as the program type you wish to cancel).

Your request for cancellation will be passed on immediately for processing. As confirmed in our terms and conditions, a program cancellation request works on a monthly cycle. The program that you have requested to cancel will therefore be accessible and active until the expiry date. Any complaints regarding the standard and quality of the products bought by consumers through the e-commerce facility should be directed via the email address: support@eyegym.com

Updating of these Terms and Conditions

Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights

Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third-party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. We reserve the right, in our sole discretion, to modify, suspend or discontinue any of our Websites or any service, content, feature or product offered through any Website, with or without notice; charge fees in connection with the use of any Website; modify and/or waive any fees charged in connection with any Website; and/or offer opportunities to some or all users of any Website. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to any of our Websites. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Limitation of liability

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

Privacy: casual surfing

A User that visits the Website consents to the Website servers collecting the IP address of the User computer and other information about the User, but not the email address. Should you not wish us to collect this information, please do not use the website. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Confidentiality Undertaking Member Terms & Conditions

By using or accessing this Website and/or by using the services available on this Website you agree to the following terms and conditions without modification:

• You acknowledge that the intellectual property rights in and to this Website as well as in and to EyeGym and/or any other program available on this website belong to Sherylle Calder and/or one of her companies and you undertake to, at all times, respect these intellectual property rights.
• We will not hesitate to enforce our intellectual property rights should that be necessary.
• You undertake to keep any login details you receive from us to access EyeGym (or any other program) confidential at all times and to never share them with or disclose them to anyone.
• You may not give anyone access to EyeGym or other program of ours in any manner whatsoever (whether by sharing your login details or otherwise).
• Just because you have been authorized to use our program does not entitle you to assume that you have our permission to authorise or enable others to use or access it.
• You may not disclose any of our confidential information (including, but not limited to, login details and information about the drills used in our program(s)) to any third party or use any such information for any purposes other than the purposes for which it was provided or disclosed to you.
• You may not copy or reproduce any of our programs (or any aspects thereof) without Dr Sherylle Calder’s prior written consent and may not assist others to do so.
• If for any reason you have in your possession any article, document or other materials which belongs to us/Dr Sherylle Calder and which contains confidential information, you must return such materials to us once you have completed our program.
• You undertake to immediately bring to the notice of Dr Sherylle Calder details of any potential risk of disclosure of her/our confidential information and or of any infringement or potential infringement of her/our intellectual property.
• You acknowledge that, your failure to comply with these terms may result in your access to programs available on this website being suspended or terminated without prior notice. In addition, we will be entitled to claim damages.
• By using this website, you agree that any legal action arising from your use of this website and/or our program(s) available on this website will be subject to South African law and the jurisdiction of the South African courts.
• We respect your right to privacy.
• We will keep all your personal information confidential and will only use your personal information for purposes of providing you with access to and use of our program.

Choice of Law

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Western Cape High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website. Last Modified: 1 March 2019