Terms and Conditions
Welcome to Gone Free Flying!! and thank you for visiting our website!
When you use our services, you're agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions before using our platform or services.
IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.
These Terms and Conditions of Service and Use are hereby made effective with “Gone Free Flying (Pty) Ltd” or "Platform", and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of Gone Free Flying, hereby amend and restate any such prior terms and conditions.
SECTION 1 - ACCEPTANCE
By clicking “I AGREE” and/or simply by using or accessing our services and our website, you hereby agree,
(a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Gone Free Flying, as each may be amended or supplemented from time to time in our sole discretion without notice;
(c) that your use of our services and our website shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity and understanding of any such laws, rules or regulations applicable to your use of the site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.
SECTION 2- PROPRIETARY RIGHTS
As between you and us, we own, solely and exclusively (excluding stock footage), all rights, title and interest in and to the site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the site, and all materials and content related to our websites even if the materials or content are not accessed through the site. Your use of the site does not grant to you ownership of any content, software, code, data or materials you may access on the site.
SECTION 3 - GUIDELINE FOR USERS
Users must not use the Gone Free Flying platforms for illegal, unlawful or prohibited purposes. This includes sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or send viruses and worms.
Users must not impersonate any other person or entity or to use a false name or a name that they have no authority to use.
Users must not post material to the Gone Free Flying platforms in which the copyright or intellectual property is or may be the property of another person or body.
SECTION 4- TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Gone Free Flying trademarks, copyright, trade name, service marks, and other Gone Free Flying logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Gone Free Flying.
SECTION 5- NOT PROFESSIONAL ADVICE
The information contained in our course and the resources available through our website is not intended as, and shall not be understood or construed as, professional advice. While the information provided on our website relates to issues within the company’s area of professionalism, the information contained on our website and on our coaching sessions is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the information provided on our website, course, emails and related platforms are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through our website should be understood as a recommendation that you should not consult with a professional to address your particular situation. The company expressly recommends that you seek advice from a professional when it comes to your bird's health and wellbeing.
Neither the company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on our platform or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
SECTION 6- NO PROFESSIONAL-CLIENT RELATIONSHIP
Your use of our website – including implementation of any suggestions set out in our course/or use of any resources available on our platforms – does not create a professional-client relationship between you and the company or any of its professionals.
The company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements and membership plans, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of our website.
SECTION 7- NO GUARANTEES
We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. Each bird’s success depends on your execution of the information learnt from our platforms and if your bird is able (physically) and willing (motivated). As with any health-related website or service, your results may vary, and will be based on many variables, including but not limited to, your individual capability, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.
We cannot guarantee your future results and/or success. We do not guarantee that you will maintain the results you experience. We are not responsible for your actions and its consequences.
SECTION 8- HEALTH DISCLAIMER
We are not avian veterinarians, and the information provided on our platforms, other than that of avian vetinarian Dr. Coetzee de Beer should not be seen as professional advice.
The information provided is not proposed to be a substitute for professional medical advice, diagnosis or treatment. When it comes to your Bird's health and wellbeing, do not ignore professional medical advice, or delay in seeking it. Do not rely on any piece of information in place of seeking professional medical advice.
You should rely on your own assessment, examination and evaluation as to the accuracy of any information made available within our platforms.
If you use our platforms or sign up for a course, you consent that you do so at your own risk, are willingly participating in these activities, assume all risk of injury to your health, and agree to release and discharge “Gone Free Flying” from any and all claims or causes of action, known or unknown, arising out of our information.
All information contained on Gone Free Flying, including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. When in doubt, consult your Avian Veterinarian or any certified professional.
You should rely on your own assessment, examination and evaluation as to the accuracy of any information made available within our platforms or via this website.
Your bird should be in good physical condition and be able to participate in the exercise. Gone Free Flying is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
SECTION 9- NOT LEGAL OR FINANCIAL ADVICE
The information contained in our program is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information on our Website is not legal or financial advice.
SECTION 10- PERSONAL RESPONSIBILITY
You aim to accurately represent the information provided, on or through our platformss. You acknowledge that you are participating voluntarily in using our platforms and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through our website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from my website ,emails, social media pages/groups, course, or related pages.
Although the benefits of these sessions are significant, there is always an element of risk involved with any physical activity to yourself and your bird. These sessions are designed in such a way to minimize the risk of injury. However, you are taking part in Gone Free Flying Parrot Course at your own risk; Gone Free Flying or anyone associated with Gone Free Flying will not be held responsible for any damages, injuries or otherwise that may occur as a result of taking part in sessions. Flight training is not without its risks, and this or any other related program may result in injury.
To reduce the risk of injury to your bird, before beginning this or any exercise please consult your Avian Veterinarian for appropriate advice and safety precautions. It is advised to consult your doctor or healthcare professional for appropriate advice on your physical condition, as free flying will take place outdoors on varied terrain which requires some level of fitness and presents risks of falling, injury, exposure to the elements and wildlife. You voluntarily choose to participate in the free flight program and accept all risks associated with doing so. The exercise instruction and advice taught are in no way intended as a substitute for medical consultation. Gone Free Flying (Pty) Ltd disclaims any liability.
SECTION 11- ASSUMPTION OF RISK
As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of my platforms that cannot be foreseen that can influence or reduce results. Engaging in free flight involves risk that yiu or your bird(s) may be injured, lost or killed, that you or your bird(s) may be injured by a fellow participant’s bird(s) or you or your birds may become ill by contact with fellow participants or their birds. You understand that any mention of any suggestion or recommendation on or through Gone Free Flying platforms is to be taken at your own risk, with no liability on Gone Free Flyings part, recognizing that there is a rare chance that illness, injury or even death could result, and you agree to assume all risks.
SECTION 12- NO WARRANTIES
WE MAKE NO WARRANTIES RELATED TO THE PERFORMANCE OR OPERATION OF MY PLATFORMS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, WEBSITES, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SECTION 13- DISCLAIMER
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non- infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury yourself, bird or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
SECTION 14 - EXTERNAL LINKS
From our platforms, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. site owners and content may change without notice and may occur before we have the opportunity to remove a link that may have gone 'bad'.
Please also be aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their "Terms of Service" before engaging in any business or uploading any information.
The site may contain (or you may be sent through the site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
SECTION 15 - LIMITATIONS ON USE
You may not reproduce, resell, or distribute our services for any purpose unless you have been specifically permitted to do so under a separate agreement with Gone Free Flying. You may not offer or enable any third parties to use the courses purchased by you, display on any website or otherwise publish the services or any content obtained from a service or otherwise generate income from the services or use the services for the development, production or marketing of a service or services substantially similar to our services.
SECTION 16 - INDEMNIFICATION
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from you and your bird's activities or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
SECTION 17 - LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
SECTION 18 - TERMINATION
We may terminate, change, suspend or discontinue any aspect of the site or the site's products or services at any time. We may restrict, suspend or terminate your access to the site and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
SECTION 19 - COMMUNICATION
If you provide us your contact information, you agree and consent to receive text, Images, Video messages from us. These messages may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.
SECTION 20 - WAIVERS
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
SECTION 21 - FORCE MAJEURE
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
SECTION 22 - GOVERNING LAW
These Terms and Conditions will be governed by and construed in accordance with South African laws, and the courts of Cape Town will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
SECTION 23 -COPYRIGHT
Copyright © 2020 Gone Free Flying. All rights reserved. All materials presented on this site are copyrighted and owned by Gone Free Flying (Pty) Ltd, or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
SECTION 24 - MISCELLANEOUS
No waiver by us of any breach of any provision of this agreement (including our failure to require strict and literal performance of or compliance with any provision of this agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this agreement.
Nothing in this agreement shall create or confer any rights or other benefits in favour of any third parties not party to this agreement other than with respect to us.
Nothing in this agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
This agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.
You must provide full and truthful information in respect of all details and information requested by us in connection with the User's use of the Service subject at all time to the terms of the Privacy Policy.
SECTION 25 - MODIFICATIONS
We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the site and/or the products or services offered on or through the site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
SECTION 26- REFUNDS
Sorry for any inconveniences but we do not provide any refunds or cancellations, once the payment has been made.
SECTION 27 - ACCEPTING TERMS OF USE
You hereby accept the fact that you have read, understood and are willing to abide by the terms and conditions laid down in this agreement. You further agree that the terms and conditions set out under this agreement are fair, reasonable and just given the matters set out under this agreement and you waive any and all rights to have any claims against us on grounds set out above.