Terms and Conditions

1. Purpose and nature of this website

1.1 Libalele Health and Social Welfare (Pty) Ltd (“Libalele”, “we”, “us” or “our”) operates this website to provide general information about our wellness and mental-health support services, resources and community programmes.

1.2 The information on this website is provided for general informational and educational purposes only. It does not constitute professional medical, psychological, psychiatric, therapeutic, legal, financial or other professional advice.

1.3 Content on this website, including articles, resources and descriptions of programmes, is intended to complement, and not replace, the individualised advice and care of a qualified and registered health, mental-health or other professional. You should always consult a qualified professional before making decisions based on information found on this website.

1.4 Libalele makes no warranty, express or implied, regarding the suitability of any information or service described on this website for your specific circumstances.

2. Not an emergency service

2.1 Libalele is not equipped or staffed to handle psychiatric or medical emergencies. Response times to enquiries submitted through the website may be delayed. Do not use this website to seek emergency assistance.

3. No practitioner–client relationship

3.1 A formal professional relationship between you and a Libalele practitioner (if applicable) is established only upon signature of a formal service agreement, completion of relevant onboarding documentation, and confirmation of a scheduled appointment or programme enrolment.

3.2 Information, resources, worksheets or tools made available on this website for free download or access do not constitute therapeutic services, assessments, diagnoses, treatment plans or clinical supervision, and are provided for general educational and self-help purposes only.

3.3 Communications through the website (including contact form submissions and email enquiries) do not create a therapeutic relationship, and any responses provided by Libalele staff are of a general and administrative nature only, unless you are an enrolled client with an active service agreement.

4. Accuracy of information

4.1 Libalele endeavours to ensure that all information on this website is accurate, complete and current at the time of publication. However, the wellness and mental-health sectors are dynamic, and information may become outdated. We reserve the right to update or remove content at any time without notice.

4.2 Libalele does not warrant that the website will be free of errors, that defects will be corrected, or that the website or its server are free of viruses or other harmful components.

4.3 Testimonials, case studies and outcome descriptions on this website reflect individual experiences and are not a guarantee of results. Individual outcomes will vary based on personal circumstances.

5. Intellectual property

5.1 All content on this website, including text, graphics, logos, photographs, downloadable materials, audio clips, digital downloads and software, is the property of Libalele Health and Social Welfare (Pty) Ltd or its content suppliers and is protected under the Copyright Act 98 of 1978 and applicable intellectual-property laws.

5.2 You may access and view content on this website for personal, non-commercial purposes only. You may print or download a reasonable number of pages for personal reference. You may not:

• copy, reproduce, distribute, publish or transmit any content in any form or by any means without our prior written consent;
• modify, adapt, translate or create derivative works from any content;
• commercially exploit any content, including resale, sublicensing or inclusion in paid training materials;
• remove, alter or obscure any copyright, trademark or proprietary rights notice.

5.3 The Libalele name, logo and brand identity are trademarks of Libalele Health and Social Welfare (Pty) Ltd. Unauthorised use is strictly prohibited.

6. Acceptable use

6.1 By using this website, you agree not to:

• use the website in any manner that could damage, disable, overburden or impair the website or interfere with any other party’s use of the website;
• use any robot, spider, scraper or other automated means to access the website for any purpose without our prior written consent;
• attempt to gain unauthorised access to any portion of the website or any other system or network connected to the website;
• transmit any material that is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene or otherwise objectionable;
• impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
• collect or harvest personal information of other users;
• use the website for any purpose that violates any applicable local, national or international law or regulation.

7. Third-party links

7.1 This website may contain links to third-party websites or resources for informational purposes. These links are provided as a convenience only and do not constitute an endorsement or recommendation by Libalele of those websites, their content, or the products or services offered on them.

7.2 Libalele has no control over the content, privacy practices or terms of use of third-party websites and accepts no liability for any loss or damage that may arise from your access to or use of them. You access those websites at your own risk.

7.3 You should review the terms and conditions and privacy policy of any third-party website you visit.

8. Limitation of liability

8.1 To the maximum extent permitted by applicable law, and subject to the exclusions set out in clauses 8.3 and 8.4 below, Libalele, its directors, employees and agents shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages arising from:

• your use of, or inability to use, this website or any content on it;
• any error, omission or inaccuracy in content on the website;
• any reliance placed by you on information or resources published on this website;
• any third-party content, products or services accessible through links on this website;
• any unauthorised access to or alteration of your data or transmissions.

8.2 Where liability cannot be excluded, our total liability to you for any claim arising from your use of this website shall not exceed the amount you have paid to Libalele in the three (3) months immediately preceding the event giving rise to the claim. For free or zero-cost use, liability is limited to the maximum extent permitted by law.

8.3 Nothing in these Terms and Conditions excludes or limits our liability for:

1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation;
3. gross negligence (any attempt to exclude liability for gross negligence is void under section 51(1)(c) of the Consumer Protection Act 68 of 2008);
4. any other liability that cannot lawfully be excluded or limited under applicable South African law, including your rights under the Consumer Protection Act 68 of 2008.

8.4 Any exclusion or limitation in these Terms and Conditions that conflicts with or contravenes a provision of the Consumer Protection Act 68 of 2008 or any other applicable legislation is deemed to be severed from these Terms to the extent of the conflict, and the remainder of these Terms continues in full force and effect.

9. Indemnity

9.1 You agree to indemnify and hold harmless Libalele Health and Social Welfare (Pty) Ltd and its directors, employees, contractors and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in any way connected to:

• your use of or access to the website;
• your violation of these Terms and Conditions;
• your violation of any third-party right, including any intellectual property or privacy right;
• any content you submit, post or transmit through the website.

10. Hyperlinking and framing

10.1 You may link to the homepage of this website (libalelewellness.co.za), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not link in a manner that suggests association, approval or endorsement on our part where none exists.

10.2 You must not:

• establish a link to this website from any website that is not owned by you without prior written consent;
• frame this website on any other website, nor create a link to any part of this website other than the homepage, without prior written consent;
• link to this website from any website that contains content that is unlawful, offensive or harmful.

10.3 Libalele reserves the right to withdraw linking permission without notice.

11. Changes to these terms

11.1 We reserve the right to revise and update these Terms and Conditions at any time, in our sole discretion. Any changes will be posted on this page with the revised date noted at the top.

11.2 Your continued use of the website after the posting of revised Terms and Conditions constitutes your acceptance of those changes. We encourage you to review this page periodically.

11.3 Where changes are material, affecting your rights or our liability, we will endeavour to provide reasonable prior notice, which may be by means of a notice displayed on the website.

12. Severability

12.1 If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, unlawful or unenforceable, that provision will, to the extent required, be deemed to be severed from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.

12.2 The parties agree to negotiate in good faith to replace any severed provision with a valid provision that reflects, as closely as possible, the original intent of the severed provision.

13. Privacy Policy

13.1 Libalele is committed to protecting your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Your use of this website is also governed by our Privacy Policy, which forms part of these Terms and Conditions.

13.2 Please review our Privacy Policy, available at libalelewellness.co.za/privacy-policy, which describes how we collect, use and safeguard your personal information and how you may exercise your rights as a data subject.

13.3 By using this website, you consent to the processing of your personal information as described in our Privacy Policy.

14. Governing law and dispute resolution

14.1 These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict-of-law provisions.

14.2 Any dispute arising from or in connection with these Terms and Conditions or your use of this website shall, in the first instance, be referred to a senior representative of Libalele for good-faith resolution. If the dispute is not resolved within 30 (thirty) days, either party may refer it to mediation administered by the Arbitration Foundation of Southern Africa (AFSA) before commencing litigation.

14.3 You agree that the courts of the Republic of South Africa shall have exclusive jurisdiction to settle any dispute that cannot be resolved by mediation.

14.4 Notwithstanding the above, nothing in this clause prevents Libalele from seeking urgent or interim relief from a court of competent jurisdiction.

14.5 You may also submit a complaint to the National Consumer Commission (NCC) or a relevant consumer-protection authority in terms of the Consumer Protection Act 68 of 2008.

15. Contact details

If you have any questions about these Terms and Conditions or wish to exercise any of your rights, please contact us: