- Category: Policies
Aquilla Wellness Solutions (Pty) LTD [AWS] Protection of Personal Information Policy (POPI)
The objective of this policy is to protect the information assets of the Aquilla Wellness Solutions (Pty) Ltd [AWS] against threats, be it internal or external, whether with intent or accidental. This is necessary to ensure business continuation, curbing of losses and maximising of business opportunities.
This policy sets the standard for suitable protection of personal information in AWS. It provides the principles regarding the right for individuals to privacy and reasonable protection of personal information.
The policy applies to AWS, Associated Service Providers, their sole owners, key persons, representatives and other personnel in AWS. The sole owners, key personnel and management of AWS are eventually responsible for proper control of information security.
AWS’s Information Control Officer
The responsibilities of the AWS Information Officer are as follows:
- the development and updating of this policy;
- ensuring that this policy is supported with applicable documentation and procedural instructions;
- assuring that documentation is relevant and kept up to date;
- communicating the content of the policy, and consequential updating, to the relevant managers, representatives, personnel and associates concerned.
The company, key personnel, representatives and personnel of AWS are obliged to comply with the provisions of this policy. Any deviations from this policy or breach thereof or incidents that may relate to such a possibility, must be reported to the Information Officer.
External individuals, involved in information technology under contract to AWS, will be subjected to the same information security policy as applicable to AWS. A separate contract will have to be signed confirming commitment to the policy and will include an assurance that security measures are in place when personal information is processed.
The company, key personnel, representatives as well as personnel of AWS are committed to the following principles:
- AWS will always maintain and develop reasonable protective measures against risks such as loss, unauthorised access, destruction, use, alteration or revelation of personal information.
- AWS will at all times comply with restrictions and other requirements applicable to the international transfer of information.
AWS upholds the requirements of the legislation on POPI and maintains an approach of transparency of operational procedures that control collection and processing of personal information.
- AWS is committed to complying with all applicable regulatory requirements related to the collection and processing of personal information.
- AWS undertakes to collect personal information legally and reasonably and to process the personal information obtained from clients only for the purpose for which it was obtained in the first place.
- Processing of personal information obtained from clients will not be undertaken in an insensitive or wrongful way that can intrude on the privacy of the client.
- AWS undertakes not to request or process information related to race, religion, medical situation, political preference, trade union membership, sexual certitude or criminal record. AWS will also not process information about juveniles.
- AWS will ensure that correct and sufficient information is on record of its clients. Non-relevant information will be removed. Only the latest information related to the training process will be recorded.
- Information will be directly obtained from the client.
- AWS also undertakes not to provide any documentation to a third party or service provider without the consent of the client except where it is necessary for the proper execution of the service as expected by the client, in compliance with the education provided, with the proviso that AWS will at all times ensure that the third party also complies with the stipulations and requirements of the POPI legislation as well as when documents are requested by institutions as prescribed by law.
- AWS is compelled to keep an effective record of personal information and undertakes not to keep information for a period longer than that prescribed by the relevant educational legislation. Information will be destroyed at the end of the prescribed period in such a way that it cannot be reconstructed.
- AWS will provide the necessary security of data and keep it under prescribed legislation.
- Should information be lost, that is not under the control of AWS anymore, it will immediately be brought to the attention of the client and the regulator.
- In the event of data loss, the client will receive sufficient information to restrict possible risk that may result from the loss.
- Clients may at all times inquire about information kept and may also request the removal or destruction of information which is not relevant anymore.
- AWS will ensure that all service providers and other role-players involved, comply with the expectations of the POPI legislation of 2013.
- The management of AWS gives the assurance that representatives and staff understand the requirements and expectations of the act and comply with the content thereof and that training will take place on an ongoing basis.
- AWS’s policy regarding private information will continuously be updated to comply with legislation, thereby ensuring that personal information will be secure.
The management as well as the information officer of AWS, are responsible for the implementation, administration and supervision of this policy. This function includes the provision of supporting guidelines, standardised operational procedures, notices, applicable documents and processes.
The sole owner, key personnel, representatives and staff of AWS will be trained to be conversant with their functions regarding the regulatory requirements, policy and guidelines related to the protection and control of personal information. The Facilitators, Assessors and Moderators of AWS will undertake periodic revision and auditing to ensure compliance with the policy, guidelines and the application of the principle of privacy of information.
AWS will implement suitable operational controls to ensure the privacy of information in compliance with this policy and the regulatory requirements. These control measures will comprise of:
- allocation of responsibilities for information security;
- incident reporting and management;
- user ID inclusion or removal;
- information security training and education;
- data backup.
This policy is implemented by the Management and staff of AWS. All stakeholders namely shareholders, directors, key personnel, representatives and staff of AWS assigned with the duty to collect and process personal information, must comply with the requirements of the policy.
Non-compliance to this policy will lead to disciplinary action such as a possible change of mandate or dismissal.
Last updated: 30 August 2020
Companies can assess the amount of preparation needed to ready themselves for the implementation of the Protection of Personal Information Bill (“POPI”) by considering the following minimum requirements:
- Audit the processes used to collect, record, store, disseminate and destroy personal information: in particular, companies must ensure the integrity and safekeeping of personal information in their possession or under their control. They must take steps to prevent the information being lost or damaged, or unlawfully accessed.
- Define the purpose of the information gathering and processing: personal information must be collected for a specific, explicitly defined and lawful purpose that is related to a function or activity of the company concerned.
- Limit the processing parameters: the processing must be lawful and personal information may only be processed if it is adequate, relevant and not excessive given the purpose for which it is processed.
- Take steps to notify the ‘data subject’: the individual whose information is being processed has the right to know this is being done and why. The data subject must be told the name and address of the company processing their information. Besides, he or she must be informed as to whether the provision of the information is voluntary or mandatory.
- Check the rationale for any further processing: if the information is received via a third party for further processing, this further processing must be compatible with the purpose for which the data was initially collected.
- Ensure information quality: the company processing the information must make sure the information is complete, accurate, up to date and not misleading.
- Notify the Information Protection Regulator: when the POPI is enacted and a Regulator established, organisations processing personal information will have to notify the Regulator about their actions.
- Accommodate data subject requests: the POPI allows data subjects to make certain requests, free of charge, to organisations holding their personal information. For instance, the data subject has the right to know the identity of all third parties that have had access to their information. A data subject can also ask for a record of the information concerned.
- Retain records for required periods: personal information must be destroyed, deleted or ‘de-identified’ as soon as the purpose for collecting the information has been achieved. However, a record of the information must be retained if an organisation has used it to decide on the data subject. The record must be kept for a period long enough for the data subject to request access to it.
- Cross border data transfer: there are restrictions on the sending of personal information out of South Africa as well as on the transfer of personal information back into South Africa. The applicable restrictions will depend on the laws of the country to whom the data is transferred or from where the data is returned, as the case may be.
- Category: Policies
The purpose of this policy is to describe the way that we handle your personal information.
This policy applies to you if you are:
- a visitor to our website; or
- a customer who has applied for or booked a consultation, training, event or used any services that we provide.
This policy applies to you under certain circumstances.
Personal information includes:
- certain information that we collect automatically when you visit our website;
- certain information collected on registration (see below);
- certain information collected on submission; and
- optional information that you provide to us voluntarily (see below);
- information that has been made anonymous so that it does not identify a specific person;
- permanently de-identified information that does not relate or cannot be traced back to you specifically;
- non-personal statistical information collected and compiled by us; and
- information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy).
Personal information includes information we collect (i) automatically when you visit our website, (ii) on registration, (iii) on submission, and (iv) from you voluntarily. It excludes (i) anonymous, (ii) de-identified, (iii) non-personal statistical, and (iv) public information.
Common examples of the types of personal information which we may collect and process include your:
- identifying information – such as your name, date of birth, or identification number of any kind;
- contact information – such as your phone number or email address;
- address information – such as your physical or postal address; or
- demographic information – such as your religious conviction, gender or marital status.
Sensitive personal information
Depending on the online booking option, training or services that you require, we may also collect sensitive personal information:
You must accept all the terms of this policy when you use our online booking, training, events or order, register for, or use any of our services. If you do not agree with anything in this policy, then you may not order any of our training or order, register for, or use any of our services.
You may not order any of our membership options, training or order, register for, or use any of our services if you do not accept this policy.
You may not access our website or use our booking system, training, events or services if you are younger than 18 years old or do not have the legal capacity to conclude legally binding contracts.
By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.
You may only send us your own personal information or the information of another data subject where you have their permission to do so.
We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website and our membership, goods or services. If you continue to use the website or our membership, goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.
Once you register on our website, you will no longer be anonymous to us. You will provide us with certain personal information when you register on our website.
This personal information will include:
- your full names and surname;
- your RSA identity number;
- your email address;
- your telephone number/s;
- your postal address or street address;
- your Christian orientation or denomination
- your Church affiliation
- your username and password
- your emergency contact information.
We will use this personal information to fulfil your account, provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy.
We collect certain registration information when you register on our website.
When you make any booking, training or services from us, you will be asked to provide us with additional information voluntarily (goods information or services information).
We collect certain information when you order any goods from us or make use of our services, necessary to provide the goods or services to you.
We collect certain information from your web browser, including your Internet usage information when you visit our website.
We may place small text files called ‘cookies’ on your device when you visit our website. These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device. These files serve several useful purposes for you, including:
- granting you access restricted content;
- tailoring our website’s functionality to you personally by letting us remember your preferences;
- improving how our website performs;
- allowing third parties to provide services to our website; and
- helping us deliver targeted advertising where appropriate in compliance with applicable laws.
We collect certain information from cookies that we may send to your computer to try and give you a personalised experience.
Our website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website.
We collect certain information from web beacons on our website to compile anonymous information about our website.
You may also provide additional information to us voluntarily (optional information). This includes content or products that you decide to upload or download from our website or when you enter, training, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.
We collect certain optional information, that you provide when you upload or download content from our website or when you enter training, take advantage of promotions, respond to surveys or register and subscribe for certain additional services.
We may monitor and record any telephone calls that you make to us.
Purpose of collection
We may use or process any goods information, services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various purposes, including:
- booking purposes - such as collecting orders for, supplying, and supporting your booking for consultation or supervision;
- training purposes – such as collecting orders for, supplying, and supporting our training;
- services purposes – such as collecting orders for and providing our services;
- marketing purposes – such as pursuing lawful related marketing activities;
- business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and
- legal purposes – such as handling claims, complying with regulations, or pursuing good governance.
We may use your usage information for the purposes described above and to:
- remember your information so that you will not have to re-enter it during your visit or the next time you access the website;
- monitor website usage metrics such as total number of visitors and pages accessed; and
- track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.
We may use any of the personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.
Consent to collection
We will obtain your consent to collect personal information:
- under applicable laws of South Africa;
- when you provide us with any registration information or optional information.
We will get your consent to collect your personal information under applicable laws when you provide us with it.
We may use your personal information to fulfil our obligations to you.
Messages and updates
We may send administrative messages and email updates to you about the website. We may wish to provide you with information about new goods or services in which we think you may be interested. This means that in some cases, we may also send you primarily promotional messages. We will not send you promotional messages unless you have chosen to opt-into them. But, we may send you one message asking you to opt-into promotional messages without you having opted-into promotional messages.
We may use your information to send you administrative messages and email updates to you regarding the website and for marketing purposes where lawful.
While you are logged into the website, we may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser can collect your personal information. We generally do not use targeted advertising, but third party sites might utilise that. Please familiarise yourself with the third-party policies.
We may use your information for targeted content in certain, specified instances.
We may share your personal information with:
- other divisions or companies within the group of companies to which we belong to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their goods or services);
- our goods suppliers or service providers under contract who help supply certain goods or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods suppliers or service providers only use your information in connection with the goods they supply or services they perform for us and not for their benefit);
- credit bureaus to report account information, as permitted by law;
- banking partners as required by credit card association rules for inclusion on their list of terminated merchants (if you utilise the services to receive payments and you meet their criteria); and
- other third parties who provide us with relevant services where appropriate.
We may share your personal information with third parties to fulfil our obligations to you among other purposes.
We may disclose your personal information as required by law or governmental audit.
We may disclose personal information if required:
- by a subpoena or court order;
- to comply with any law;
- to protect the safety of any individual, minors or the general public; and
- to prevent violation of our customer relationship terms.
We may disclose personal information to third parties if required for legal reasons.
We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to business partners.
We may need to disclose personal information to our employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel.
Change of ownership
If we change ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.
We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate.
Our website is hosted on a secure server and uses security measures to prevent interference by intruders.
Accurate and up to date
We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal information on the website. You can review or update any personal information that we hold on you by accessing your account online, emailing us, or phoning us. Please note that to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.
Please keep your personal information accurate and up to date by accessing your account online, emailing us, or phoning us.
We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:
- retention of the record is required or authorised by law; or
- you have consented to the retention of the record.
During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.
We may retain your personal information in physical or electronic records at our discretion.
We will only retain your personal information for as long as is necessary.
Transfer to another country
We may transmit or transfer personal information outside of the country in which it was collected to a foreign country and process it in that country. Personal information may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal information may not be as stringent as the laws in the country in which it was collected. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent.
We may not transfer your personal information outside the country in which it was collected to a foreign country without your permission. OR We may transfer your personal information outside the country in which it was collected to a foreign country.
Updating or removing
You may choose to correct or update the personal information you have submitted to us, by clicking the relevant menu in any of the pages on our website or contacting us by phone or email.
You may choose to update or remove the personal information you have submitted to us.
We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.
If you are visiting aquillsa.co.za from a location outside of the Republic of South Africa, your connection will be through and to servers located in South Africa
Last updated: 30 August 2020
- Category: Policies
Aquilla Wellness Solutions (Pty) Ltd [AWS] Responsible Disclosure Policy
At AWS, we’ve built our business on the simple principle that our customers come first. We aim to keep our website, mobile site and related software applications (“Website”), as well as the service offered on our Website (“Service”) safe for everyone to use, and data security is of the utmost importance. If you have discovered a security vulnerability in our Website or Service, we encourage you to contact us and disclose it to us in a responsible manner.
When security vulnerabilities are reported to us in compliance with this policy, Aquilla Wellness Solutions (Pty) Ltd [AWS] will validate and fix such vulnerabilities as soon as reasonably possible, in line with our commitment to the privacy, safety and security of our customers. We will not take legal action against you or terminate your access to the Service if you discover and report security vulnerabilities responsibly in compliance with this policy. AWS reserves all of its legal rights in the event of any noncompliance with this policy.
If you are looking to report another type of issue, which falls outside of the scope of this policy, for example, if you are a current customer and you suspect fraudulent activity or suspect that your account may have been compromised, please contact us. Your issue will be investigated immediately and thoroughly.
Reporting a Security Vulnerability
If you think that you have found a security vulnerability in our Website or Service, please contact us immediately via . When reporting a security vulnerability, you must do the following:
- Include as much information as possible in your report, as we require a way to reproduce the security vulnerability to validate and fix it. “Proof-of-Concept” programs, tools, or test accounts that you’ve created are welcome, and the following information is required:
- the URL where the vulnerability occurs;
- if applicable, the parameter where the vulnerability occurs;
- the type of vulnerability;
- step-by-step instruction on how to reproduce the vulnerability;
- a demonstration of the vulnerability, by screenshots or video; and
- if applicable, an attack scenario (an example attack scenario may help demonstrate the risk and get the issue resolved faster).
- Do not share your findings with anyone until AWS has had adequate time to investigate and deploy a fix. We will notify you when the security vulnerability has been patched.
- Consider telling us how to identify you.
We’re particularly interested in:
- XSS attacks
- SQL injection
- Remote code execution
- Circumventing permission limitations
- CSRF attacks
At AWS, we welcome “white hat” security researchers, and appreciate your research and proactive responsible disclosure. Please note however that AWS does not permit you to do any of the following:
- access, modify or destroy an AWS customer’s account or data;
- interrupt or degrade our Service;
- execute a “Denial of Service” attack;
- post, transmit, upload, link to, send or store any malicious software;
- send any unsolicited or unauthorized mail or messages;
- violate any applicable law;
- perform any testing that would result in any of the above; or
- attempt to do any of the above.
Contravening this policy in any way may result in us suspending or terminating your access to the service, contacting the relevant authorities and/or pursuing any other remedies we have at law.
If you identify a security vulnerability in compliance with this policy, AWS commits to:
- acknowledging receipt of your vulnerability report in a timely manner;
- confirming the validity of your report; and
- notifying you when the vulnerability is fixed.
We will unfortunately not offer any monetary rewards.
Last updated: 30 August 2020
- Category: Policies
Aquilla Wellness Solutions Website Usage Terms & Conditions
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE AQUILLA WELLNESS SOLUTIONS WEBSITES OR ANY PART THEREOF IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST LEAVE THE AQUILLA WELLNESS SOLUTIONS WEB SITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM:
DEFINITIONS AND INTERPRETATION
- a) “Aquilla Wellness Solutions website” means the Aquilla Wellness Solutions (Pty) Ltd located at www.aquillasa.co.za and includes any part or element thereof.
- b) “User” means any person who enters, uses or registers on the Aquilla Wellness Solutions website, notwithstanding the fact that such a person only visited the home page of Aquilla Wellness Solutions website;
- c) References herein to the singular includes the plural and vice versa; and
- d) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these terms and conditions.
Aquilla Wellness Solutions (Pty) Ltd, is a registered South African company. Aquilla Wellness Solutions are the Copy Right Holder of all training and workshop material, webinars, videos, e-books, tools and other material and or electronic information in all formats on this website.
ALLOWED USE AND LICENSE
Aquilla Wellness Solutions licenses the User to view the content of the Aquilla Wellness Solutions web site, make bookings, purchase workshops, webinars, online training courses and/or other material provided that such content is used for personal, purposes only.
Content from the Aquilla Wellness Solutions web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Aquilla Wellness Solutions.
Users may only access and use the Aquilla Wellness Solutions web site for bookings, online workshop, webinar, online training registration and purchases.
The caching of the Aquilla Wellness Solutions web site shall only be allowed if:
- The purpose of the caching is to make the onward transmission of the content from the Aquilla Wellness Solutions web site more efficient;
- The cached content is not modified in any manner whatsoever;
- The cached content is updated at least every 12 (twelve) hours; and
- The cached content is removed or updated when so required by Aquilla Wellness Solutions
If any User uses content from the Aquilla Wellness Solutions web site in breach of the provisions detailed herein:
- Aquilla Wellness Solutions reserves the right to claim damages from the User;
- Aquilla Wellness Solutions reserves the right to institute criminal proceedings against the User; and
- Aquilla Wellness Solutions shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
Hyperlinks to the Aquilla Wellness Solutions web site from any other source shall be directed at the home page of the Aquilla Wellness Solutions web site. Aquilla Wellness Solutions shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Aquilla Wellness Solutions web site, if such content was accessed through a hyperlink not directed at the home page of the Aquilla Wellness Solutions web site. Persons that wish to link to content beyond the home page of the Aquilla Wellness Solutions web site shall do so at their own risk and indemnify Aquilla Wellness Solutions against any loss, liability or damage that may result from the use of content from the Aquilla Wellness Solutions web site if such content was accessed through a hyperlink not directed at the home page of the Aquilla Wellness Solutions web site.
Aquilla Wellness Solutions’ non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
Users may quote small and reasonable amounts of content available from the Aquilla Wellness Solutions web site only if such quote is placed in inverted commas and acknowledged.
No person may frame the Aquilla Wellness Solutions web site, in any manner whatsoever, without the prior written consent of Aquilla Wellness Solutions .
Apart from bonafide search engine operators and use of the search facility provided on the Aquilla Wellness Solutions web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Aquilla Wellness Solutions web site for any purposes, without the prior written consent of Aquilla Wellness Solutions .
All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Aquilla Wellness Solutions at any time without giving reasons therefore.
INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
All intellectual property on the Aquilla Wellness Solutions web site, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Aquilla Wellness Solutions (Pty) Ltd and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Aquilla Wellness Solutions web site are expressly reserved.
“Aquilla Wellness Solutions (Pty) Ltd ”, ‘is a registered entity and Users agree not to use these as elements of a domain name or subdomain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to Aquilla Wellness Solutions at the cost of the User.
SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts to access the Internet and the Aquilla Wellness Solutions web site and/or purchase or download content from this web site.
DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the Aquilla Wellness Solutions web site is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Aquilla Wellness Solutions has the duty to disclose the following information:
- The full name and legal status of the web site owner: Aquilla Wellness Solutions (Pty) Ltd, reg. no. 2015/282402/07;
- Street address: 425A Ronald Street, Garsfontein Pretoria, Gauteng, 0081, South Africa
- Postal address: PO Box 165, Garsfontein, Pretoria, Gauteng, 0042, South Africa;
- Physical address for receipt of legal service: 425A Ronald Street, Garsfontein Pretoria, Gauteng, 0081, South Africa
- Main business: The main business of Aquilla Wellness Solutions is the provision of online and face-to-face professional services, education and information;
- The web site address of the Aquilla Wellness Solutions web site is: www.aquillasa.co.za;
- The official e-mail addresses of the Aquilla Wellness Solutions web site are ;
- The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA MANUAL) of the owner of the Aquilla Wellness Solutions web site may be downloaded from our website as listed at the end of this document:
- Dr LB Louw – CEO
- The costs associated with the access and use of the Aquilla Wellness Solutions web site are as follows: Booking registration fees as indicated on the website, with each booking.
- Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
- Access to the Aquilla Wellness Solutions web site;
- 11.2 The inability to access the Aquilla Wellness Solutions web site;
- 11.3 The services and content available from the Aquilla Wellness Solutions web site; or
- 11.4 These terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Pretoria in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: https://www.arbitration.co.za;
- Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this web site;
- Users may lodge complaints concerning the Aquilla Wellness Solutions web site with Aquilla Wellness Solutions at .
CHANGES AND AMENDMENTS
Aquilla Wellness Solutions expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
- change these terms and conditions;
- change the content and/or services available from the Aquilla Wellness Solutions web site;
- discontinue any aspect of the Aquilla Wellness Solutions web site or service(s) available from the Aquilla Wellness Solutions web site; and/or
- change the software and hardware required to access and use the Aquilla Wellness Solutions web site.
Aquilla Wellness Solutions shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from https://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
Aquilla Wellness Solutions may electronically collect, store and use the following personal information of Users:
- Name and surname;
- Contact numbers and other personal information required by the company for booking purposes;
- Non-personal browsing habits and click patterns;
- E-mail address; and
- IP address.
- Aquilla Wellness Solutions collects, stores and uses the abovementioned information for the following purposes:
- Communicate requested information to the User;
- Provide the User with access to restricted pages on this web site where available; and
- To compile non-personal statistical information about browsing habits, click patterns and access to the Aquilla Wellness Solutions web site.
The information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
Aquilla Wellness Solutions may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions in line with the POPIA:
- Aquilla Wellness Solutions shall not disclose personal information from Users unless the User consents thereto;
- Aquilla Wellness Solutions shall disclose information without the User’s consent only through due legal process; and
- Aquilla Wellness Solutions may compile, use and share any information that does not relate to any specific individual.
Aquilla Wellness Solutions owns and retains all rights to the non-personal statistical information collected and compiled by Aquilla Wellness Solutions.
HYPERLINKS TO THIRD PARTY SITES
Aquilla Wellness Solutions may provide hyperlinks to web sites not controlled by Aquilla Wellness Solutions (target sites). Such links do not imply any endorsement, agreement on or support for the content of such target sites but merely for learning or illustration purposes.
Aquilla Wellness Solutions does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
Aquilla Wellness Solutions shall take all reasonable steps to secure the content of the Aquilla Wellness Solutions web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Aquilla Wellness Solutions does not make any warranties or representations that content shall be 100% safe and secure.
Aquilla Wellness Solutions is under no legal duty to encrypt any content or communications from and to the Aquilla Wellness Solutions web site and is also under no legal duty to provide digital authentication of any page on the Aquilla Wellness Solutions web site.
Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Aquilla Wellness Solutions web site or the server and computer network that support the Aquilla Wellness Solutions web site.
Notwithstanding criminal prosecution, any person who delivers any damaging code to the Aquilla Wellness Solutions web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Aquilla Wellness Solutions harmless against any and all liability, damages and losses Aquilla Wellness Solutions and its partners/affiliates may suffer as a result of such damaging code.
Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and Aquilla Wellness Solutions reserves the right to claim damages any and all persons concerned with a security failure or breach.
Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Aquilla Wellness Solutions and its partners / affiliates. The ECT Act may be downloaded from https://www.polity.org.za/pdf/ElectronicCommunications.pdf
DISCLAIMER AND LIMITATION OF LIABILITY
Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Aquilla Wellness Solutions (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
- Access to the Aquilla Wellness Solutions web site;
- Access to web sites linked to the Aquilla Wellness Solutions web site;
- Inability to access the Aquilla Wellness Solutions web site;
- Inability to access web sites linked to the Aquilla Wellness Solutions web site;
- Content available on the Aquilla Wellness Solutions web site;
- Services available from the Aquilla Wellness Solutions web site;
- Downloads, purchases and use of content from the Aquilla Wellness Solutions web site;
- Any other reason not directly related to Aquilla Wellness Solutions’ gross negligence.
The Aquilla Wellness Solutions web site is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Aquilla Wellness Solutions, that the content available from and through the Aquilla Wellness Solutions web site meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
Information, ideas and opinions expressed on the Aquilla Wellness Solutions web site should not be regarded as professional advice or the official opinion of Aquilla Wellness Solutions and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Aquilla Wellness Solutions web site.
Aquilla Wellness Solutions does not make any warranties or representation that content and services available from the Aquilla Wellness Solutions web site will in all cases be true, correct or free from any errors. Aquilla Wellness Solutions shall take all reasonable steps to ensure the quality and accuracy of content available from the Aquilla Wellness Solutions web site.
Aquilla Wellness Solutions does not make any warranties or representations that the Aquilla Wellness Solutions web site shall be available at all times. Users acknowledge that the Aquilla Wellness Solutions web site may be unavailable due to updates or other causes beyond the reasonable control of Aquilla Wellness Solutions, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.
REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Aquilla Wellness Solutions web site to Aquilla Wellness Solutions and Aquilla Wellness Solutions undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
INTERCEPTION OF COMMUNICATIONS
Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Aquilla Wellness Solutions’ right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Aquilla Wellness Solutions web site, its staff and employees.
The User agrees and acknowledges that the consent provided by the User satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
ENTIRE AGREEMENT AND SEVERABILITY
Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between Aquilla Wellness Solutions and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Aquilla Wellness Solutions from the User.
Any failure by Aquilla Wellness Solutions to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and Aquilla Wellness Solutions agree that:
- the User shall be bound to these terms and conditions and such agreement is concluded in Pretoria (South Africa) at the time the User enters the Aquilla Wellness Solutions web site for the first time or immediately after the User indicated consent as required in Content Use Agreement;
- data messages (as defined in the ECT Act) addressed by the User to Aquilla Wellness Solutions shall only be deemed to have been received if and when responded to;
- data messages (as defined in the ECT Act) addressed to the User by Aquilla Wellness Solutions shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
- data messages (as defined in the ECT Act) addressed by the User to Aquilla Wellness Solutions shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
- electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Aquilla Wellness Solutions; and
- the User agrees and warrants that data messages that are sent to Aquilla Wellness Solutions from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
APPLICABLE AND GOVERNING LAW
The Aquilla Wellness Solutions web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Aquilla Wellness Solutions web site, its content, services and these terms and conditions.
Aquilla Wellness Solutions shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© 2020. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.
These are terms and conditions that belong to Aquilla Wellness Solutions
Last Updated: 30 August 2020
- Category: Policies
Social Media Policy
Aquilla Wellness Solutions and Dr Barbara Louw fully respect the rights of all peoples including current, former or potential clients to engage in online activities. This social media policy is designed to provide guidelines regarding interacting with our “online presence”. The objectives are to protect your confidentiality, privacy and maintain appropriate professional boundaries.
If you have any questions about anything within this document, let us discuss your questions when we meet. As new technology develops and the Internet changes, there will be times an updated policy published on this website.
Social Media Accounts
Aquilla Wellness Solutions and Dr Barbara Louw’s online presence include several professional social media accounts including but not limited to Facebook Pages, Google Business Pages, LinkedIn profiles, Twitter, Instagram, YouTube, Pinterest, Slide Share, and professional blogs.
We communicate through social media. These communications are referred to as social media disclosures. These social media disclosures are intended for general information purposes, connecting with the public and networking. We do not publish any personal or private information about clients on social media. All social media contacts or connections are not automatically client or colleagues, because platforms are used for networking.
You are welcome to view our social media and read or share articles we posted. Please be wise in interacting on the page in order not to compromise your client confidentiality. The sole purpose of social media interaction is to network and to share general information to encourage and empower people in general.
How you choose to interact with us online:
You are under no obligation to find and engage with us through social media in any manner. If you choose to engage with us through social media, for example commenting on a post, and you can be identified, this may compromise your confidentiality. You agree not to use any of our Social Media platforms to communicate to us any information about our professional relationship including but not limited to changing appointment times, discussing issues that occurred in the counselling sessions or to indicate that you are having a crisis.
Email, Texting and Voicemail
Use our online booking system to arrange or modify appointments. You must be aware that emails, texting and cell phone voicemails are NOT 100% tamper-proof and can be accessed by the service providers’ network administrators. By choosing to e-mail, text and leave messages on my voicemail, you acknowledge and accept, however small, the risks with communicating using these methods. Due to the nature of the counselling process, we recommend that the use of email and text messages be restricted to logistical information such as sending and receiving forms and worksheets.
If you use e-mail and/or text messages to communicate non-logistical information you acknowledge and accept the risks. Communication through email and/or text messaging may serve as a support to your counselling sessions and do not replace face-to-face or online sessions. You should also know that any emails we receive from you and any responses that we return to you become a part of your counselling record. You agree not to use email to communicate that you are having a crisis.
In the event of an emergency call 10111 or go to the nearest hospital.
If you used location-based or tracking services on your mobile phone, you need to be aware of the privacy issues related to utilising these services. We do not place our practice as a check-in location on various sites such as Google, etc. However, if you have GPS tracking enabled on your device, others may surmise that you are a counselling client due to regular check-ins at our office. Please be aware of this risk if you are intentionally “checking in,” from our office or if you have a passive LBS (Location-based service) application enabled on your phone.
We urge you to take your privacy as seriously as we take our commitment of confidentiality to you.
Last updated 30/08/2020
- Category: Policies
aquillasa.co.za [Aquilla Wellness Solutions (Pty) Ltd] Terms of Service
These Terms and Conditions (T&C’s) constitute the entire agreement between you, the client, and aquillasa.co.za (Aquilla Wellness Solutions) "us", "we", "our".
If you visit and register on our website and make a booking at aquillasa.co.za, or if you create hyperlinks to aquillasa.co.za, you accept and agree to comply with the most recent version of this agreement in its entirety.
When registering and/or making a booking, the agreement in force at the time of you registering on the website will apply to that registration/booking and its related transactions. Any hypertext links from this agreement to text elsewhere on this site shall be deemed to form part of this agreement.
We reserve the right to amend this agreement or any parts thereof at any time and without notice. Amendments to this agreement take effect 24 hours after the agreement has been amended on our web site, and your continued use of the site implies your acceptance of the agreement as amended.
No hidden fees or buying obligations
There are no fees for registering an account on the website where allowed. Fees are charged and must be paid in advance when bookings are made on Aquilla Wellness Solutions on aquillasa.co.za.
No unsolicited emails
You do not have to agree to sign up for our mailing list/s or general newsletter at www.aquillasa.co.za.
Website Usage Policy
This is the website usage policy for aquilla.co.za. We invite you to contact us if you have any questions about the website usage policy. Read More…
Protection of Private Information (POPI) Policy
This is the protection of personal information policy for aquillasa.co.za. We invite you to contact us if you have any questions about this policy. Please read the full POPI policy as it applies to you. Read more...
We take security very seriously. Our servers have been rigorously checked to ensure that they are not vulnerable to unauthorised access and activity on the servers is continually monitored by our service providers. Read more...
Social Media Policy
Please refer to our Social Media Policy for more information about cancelling consultation or counselling. Read more...
Disclosure of Financial Policies
Prior to entering into the therapeutic or supervisory relationship, counsellors and coaches, disclose and explain to clients:
(a) all financial arrangements and fees related to professional services, including charges for cancelled or missed appointments;
(b) the use of collection agencies or legal measures for non-payment; and
(c) the procedure for obtaining payment from the client to the extent allowed by law, if payment is denied by the third-party payer.
Once services have begun, Aquilla wellness Solutions will provide reasonable notice of any changes in fees or other charges.
Counsellors do not participate in fee-splitting, nor do they give or receive commissions, rebates, or any other form of remuneration when referring clients for professional services.
We require a minimum of 24 hours notice for any cancellations or changes to your appointment /session. Please contact us at or call us as per our contact details on your invoice within 24 hours to inform us of what needs to be changed.
Clients who provide less than 24 hours notice, or miss their appointment, will be charged a full session cancellation fee that must be paid in full before a replacement session is scheduled. If payment is not received in full before a session a late charge payment may be applicable if the payment is not received the same day of the scheduled appointment.
If you have made a booking, for the wrong day, you have to contact us immediately to rectify the situation. If you have made and paid for the booking and you do not turn up for that appointment, we cannot change or alter the booking. You will forfeit your payment. We will alter your booking if the change or cancellation is received at least 24 hours before the appointment date and time.
Aquilla Wellness Solutions’ goal is to provide fair & equitable rates for all our clients. This payment policy is in effect to preserve the quality of the counselling, therapy, wellness -, supervision & consulting services we provide to individuals, families & organisations.
The rates displayed for consultation/counselling bookings are not vatable at this stage but might change at any stage after which you will be notified on the next renewal.
Aquilla Wellness Solutions offers a standard pricing model. We do not ask for income testing to respect the privacy of our clients. We simply offer a reasonable rate to all our clients. We do not offer free consultations.
Though we endeavour to ensure that the rates displayed on the website are accurate. Displaying a rate on the website does not constitute any undertaking by us to maintain that rate for any length of time. We will always endeavour to complete your registration at the rate quoted at the time of the booking.
We are constantly working to improve our processes. We invite you to communicate with us to share thoughts or concerns.
We offer privately paid counselling services by qualified and credentialed counselling professionals.
The no-show fee or late cancellation fee will be billed directly to you and not recovered by the third party. See cancellation policy for more detail.
Aquilla Wellness Solutions does not offer or accept kickbacks, rebates, bonuses, or other remuneration for referrals.
Aquilla Wellness Solutions ordinarily refrain from accepting goods and services from clients in return for services rendered. Bartering for professional services may be conducted only if: (a) the supervisee or client requests it; (b) the relationship is not exploitative; (c) the professional relationship is not distorted, and (d) a clear written contract is established.
If you make any payment through Payfast by credit card, we will authorise (reserve) the amount of the order at the time of the order being placed and we will debit the card as soon as we start processing the order. Any subsequent cancellations will be refunded to the card if refunds are approved.
Payfast and/or your bank may require further authentication on credit card payments, which they will request from you after you have submitted your payment details in accordance to your bank’s requirements.
All refunds will be credited to your customer account. There is no interest payable on the balance in your customer account.
Services billed to a Third-Party are subject to different rates or and administrative fees. Individuals or Corporate Clients without a valid Third-Party written agreement in place are required to pay session/service fees are payable before the session starts or the service being rendered without exceptions.
Corporate or public third-party payers
Third-party billing is subject to pre-approval by our office. Prices are subject to changes at any time or/and a yearly increase. Depending on the terms of payments or the Third-party payer service delivery requirements all prices can be subject to adjustment(s) or additional charges at any given time.
Late payment(s) are subject to additional charges, such as interest at 2% per month or part thereof. Corporate credit is subject to credit verification and the privilege can be revoked at any time without prior notice.
Should an account become overdue, or partial payment is received, we reserve the right to suspend or refuse service until the payment concerns are resolved.
Any corporate clients will receive a coupon to make an appointment on our booking system when it suits them per the available consulting/counselling slots.
Representation of Services
Aquilla Wellness Solutions represents facts clearly to clients and third-party payers, in accordance with appropriate policies and procedures, regarding services rendered.
Aquilla Wellness Solutions explicitly explains to clients the nature of all services provided. We inform clients about issues such as, but not limited to, the following:
- the purposes,
- potential risks, and
- benefits of services;
- the counsellor:
- relevant experience, and
- approach to counselling;
- continuation of services upon the incapacitation or death of the counsellor;
- the role of technology; and
- other pertinent information.
Additionally, counsellors inform clients about:
- fees and billing arrangements, including procedures for non-payment of fees.
- Clients have the right to confidentiality and
- to be provided with an explanation of its limits (including how supervisors and interdisciplinary team professionals are involved),
- to obtain clear information about their records,
- to participate in the ongoing counselling plans, and
- to refuse any services or modality changes and to be advised of the consequences of such refusal.
For service delivery, we use the Joomdonation OS Service Booking software for delivery of all relevant booking information and/or forms.
The consultation/counselling sessions will be online via Zoom or other electronic platform or face-to-face at our offices or employer where applicable and agreed to.
We reserve the right to use any other service providers as needed to deliver the deliverables in exceptional circumstances.
You need to ensure that you provide us with valid information such as:
- your full names and surname;
- your email address;
- your telephone number/s;
- your street address;
- or other relevant information
during the checkout process.
You accept that for us to prove the service delivery for the booking, we need the relevant information. You agree not to avail your personal information and login and registration details to any other person who has not originally applied for or booked our service/s to access any privileged information intended for your status of the booking.
Once you attended a session, no refunds will be made and no cancellations will be accepted. Cancellations must be done 24 hours before the service booking time. Any late cancellation will not be refunded nor credited to your account.
Age restrictions and age suitability
Aquilla Wellness Solutions and its services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.
The onus is on you to ensure that you and/or the person for whom you may buy a booking/consultation session on the Website, meet any age restrictions applicable to such services ordered by you on the Website.
These restrictions are observed:
- that you are over 18 and
- that any product and or service bought is age-appropriate.
Individuals under the age of 18 can use our services only in conjunction with and under the supervision of a parent/legal guardian. In this case, the parent is responsible for all activities of the client.
Accordingly, you indemnify aquillasa.co.za and Aquilla Wellness Solutions from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the aquillasa.co.za Website service booking process.
Online and Telephone Counselling
Our system complies with the Protection of Personal Information Act (POPIA). While efforts will be made to protect privacy, information transmitted via the internet may not be secure (e.g., hackers) since we are using third party software, websites and other relevant mediums to deliver the service.
For safety purposes, clients must be prepared to provide Aquilla Wellness Solutions with their exact location address of where you are during the online or telephone session. This is necessary should any unforeseen safety concerns arise. Please also keep your emergency contact on file up to date (care provider, family member, etc.) as requested in writing.
Risks and Limitations to Online and Telephone Counselling
Data rates may apply, this function uses streaming data. The client is responsible for data rates. The client is responsible to have the capacity on their network and ensuring their safety.
There are therapeutic limitations to online services. For example, there is the potential for misunderstandings when two people are not in the same room and there are limitations to the technology that may impact services (e.g., time delays, equipment failure).
Online and Telephone Counselling is as effective as in-person counselling, however, appropriateness of online services to meet your needs will be routinely reviewed. It may be determined that in-person services are better suited to your specific needs. In this case, the concerns and the solutions would be discussed in-session.
No video, audio or chat communication can be recorded during telephone conversations and online sessions. The system does not include a recording function.
Records of your sessions with a counsellor will be maintained in the same way as that of in-person sessions under privacy legislation.
Should either party wish to make any other type of recording of the session, this must be arranged and discussed in-session, with a written consent that reflects the agreement and limitations.
Online sessions are delivered using a third party platform in which the data transmitted is encrypted and secured. Our online third party software is using a standard that provides person to person communication in most cases. This means that all the traffic flows directly between each user’s web browser and completely bypasses our servers. The traffic is also encrypted in transit and none of the data is stored anywhere.
Being Late for a Session
Aquilla Wellness Solutions agrees to hold your session for 15 minutes without contact from the client. After 15 minutes, the session is considered a late cancellation and a full session fee will be charged.
All fees are payable in advance of your session, or at the beginning of each session. We accept only the following payment methods: debit and credit card payments.
Delayed or cancelled orders
Most consultation/counselling bookings are fulfilled on time but unfortunately, unexpected delays can occur and we may not always be able to fulfil for whatever reason, within the schedule provided. The system can be down for maintenance and updates, or the service providers might have an internet challenge or the counsellor might get sick or have a family or other crisis. We will do our best to keep you informed of any unexpected delays or postponements.
Agreement of booking/cancellations
The consultation/counselling booking is activated with us only after you have clicked on the [Pay for this order] button and we have received notification from our bankers or Payfast that such monies were received into our account. Your order is an offer to purchase the membership, webinar or training services from us. We only accept your offer once we have communicated our acceptance to you after the fulfilment of the payment.
Placing a booking item in your cart does not constitute an order and we cannot be held liable if the timeslot is no longer available, or if the price has changed by the time, the checkout process is completed. General your cart will remain active for 15 to 60 minutes, whereafter the item in the cart will no longer be available.
We reserve the right to cancel a booking at any point in time without giving any reasons. In this case, we shall be liable to refund any money already paid in respect of that booking for example if a consultation/counselling is cancelled for whatever reason by us.
Please note, however, that we may not be able to cancel membership, workshop/s, webinar or online course from an order if you have already accessed or downloaded the membership portal, workshop/s, webinar or online course material.
Counsellors receive specialised training in many areas of practice and develop expertise and competence in specific areas. At times, counsellors refer to other counsellors with expertise in specialised areas of practice. In this case, a reasonable attempt will be made to provide a referral to a counsellor(s) or resources with specialized training or expertise in the specific area of concern for which help is sought. A counsellor may refer client(s) elsewhere if the concern(s) falls outside his/her scope of practice.
Where Aquilla Wellness Solutions are working in organisations (e.g., school, agency, institution) to provide counselling services, we do not refer clients to our colleagues unless the policies of a particular organisation make explicit provisions for self-referrals. In such instances, the clients must be informed of other options available to them should they seek private counselling services.
Termination of account
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Using and accessing aquillasa.co.za
This site is for personal use only. You may not make use of content from this site, whether direct or derived, for any commercial purpose whatsoever. You may not use any form of automated search or download technology to access this site unless it is according to the guidelines outlined in our https://www.aquillasa.co.za/robots.txt file. You may not frame or utilise framing techniques to enclose any content on this site without our express written consent from us.
You are granted a limited, revocable, and nonexclusive right to create hyperlinks to aquillasa.co.za web pages as long as such links do not portray aquillasa.co.za or its affiliates or products or services in a false, misleading, derogatory, or otherwise offensive matter.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Aquilla Wellness Solutions its subsidiaries, affiliates, employees, affiliates, associates, partners, agents nor suppliers and its licensors do not warrant that:
- a) the Service will function uninterrupted, secure or available at any particular time or location;
- b) any errors or defects will be corrected;
- c) the Service is free of viruses or other harmful components; or
- d) the results of using the Service will meet your requirements.
We make no representations or warranties of any kind, whether express or implied.
Limitation of Liability
In no event shall Aquilla Wellness Solutions, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- your access to or use of or inability to access or use the Service;
- (ii) any conduct or content of any third party on the Service;
- (iii) any content obtained from the Service; and
- (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
No party will be responsible for any breach of this agreement caused by circumstances beyond its control, including flood, fire, earthquake, war, tempest, hurricane, industrial action, government restrictions, or acts of God.
If there is an event of force majeure, the party affected will tell the other immediately, and they will meet either face-to-face or by online meeting, within seven days to negotiate other ways to carry out any affected responsibilities under this agreement. The parties will continue to comply with the responsibilities that are not affected by the circumstances.
If a party cannot fulfil a material (significant) part of its responsibilities under this agreement for more than 60 days because of force majeure, the other party may cancel this agreement by written notice.
Changes and acceptance of terms
We may change the terms at any time and where this affects your rights and obligations, we will notify you of any changes by placing a notice in a prominent place on our website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.
If you do not agree with the changes, you must stop using the service. If you continue to use the service following notification of a change, the changed terms will apply to you and you will be deemed to have accepted them.
Legal & Court Proceedings Related Services
We do not get involved with any legal proceedings such as divorce and custody matters. We do not prepare court reports.
Any favour we may allow you will not affect or substitute any of our rights against you.
If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of this agreement if it does not change its purpose.
This agreement shall be governed by and interpreted according to the laws of the Republic of South Africa.
Our domicilium citandi et executandi (physical address) for all purposes under this agreement is 425A Ronald Street, Garsfontein, Gauteng, 0081 ZAR. Our P.O. Box address is PO Box 165, Garsfontein, Gauteng, 0042 ZAR.
Contacting Aquilla Wellness Solutions
If you are in a life-threatening situation, contact your nearest hospital or police on 10111. www.aquillasa.co.za or www.barbaralouw.com are not emergency management services.
Last updated: 25 May 2021
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