Terms and Conditions of Use

1. INTRODUCTION AND ACCEPTANCE

1.1 Identification

These Terms and Conditions ("Terms") govern your use of the Primal Protocols website located at www.primalprotocols.com ("Website"). The Website is owned and operated by Wayne Woodman, operating within the Republic of South Africa ("we," "us," or "our").

1.2 Purpose & Compliance

The purpose of these Terms is to clearly define the legal relationship between Primal Protocols and you, the user. These Terms are drafted in compliance with the laws of the Republic of South Africa, including but not limited to:

• The Consumer Protection Act 68 of 2008 ("CPA"): Ensuring fair and reasonable terms for our users.
• The Electronic Communications and Transactions Act 25 of 2002 ("ECTA"): Governing digital communications and online transactions.

1.3 Acceptance of Terms

By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you must immediately cease using the Website.

1.4 Capacity to Contract

By using this Website, you warrant that you are at least 18 (eighteen) years of age and possess the legal right and capacity to enter into these Terms. If you are under the age of 18, you may only use this Website with the active involvement and consent of a parent or legal guardian.

1.5 Modification of Terms

We reserve the right to modify, add, or remove portions of these Terms at any time to remain compliant with South African law or to reflect changes in our services.

• Notification: Material changes will be indicated by an updated "Last Updated" date at the top of this page. In certain cases, we may provide a prominent notice on our homepage.
• Continued Use: Your continued use of the Website following the posting of changes constitutes your acceptance of those changes.

2. USE OF SERVICES & CONDUCT

2.1 Permitted Use

You agree to use the Website strictly for personal, non-commercial purposes. You may browse the content, view nutritional data, and use the interactive features (such as search and filtering) solely for your own information and education.

2.2 Prohibited Use

You may not use the Website for any purpose that is unlawful or prohibited by these Terms. Specifically, in accordance with South African law, you agree NOT to:

• Violate ECTA: Engage in any activity that violates the Electronic Communications and Transactions Act 25 of 2002, such as intercepting data, unauthorized access to our servers, or distributing malicious software (viruses, trojans).
• Illegal Activity: Use the Website to further any illegal purpose, including fraud, identity theft, or the promotion of illegal acts.
• Spam & Marketing: Use the Website to transmit unsolicited commercial communications (spam) or engage in any form of automated marketing without our express written consent.
• Harassment & Hate Speech: Transmit any material that is defamatory, obscene, threatening, abusive, or hateful. We strictly prohibit content that constitutes hate speech or discrimination based on race, gender, religion, or any other grounds protected by the Constitution of the Republic of South Africa.

2.3 Intellectual Property Rights

• Our Rights: The entire content of the Website, including but not limited to the text, nutritional databases, design, layout, look, appearance, and graphics, is owned by or licensed to us. This content is protected by South African and international copyright laws.
• No Reproduction: You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.
• Trademarks: "Primal Protocols" and our logo are trademarks of our business. You may not use these marks without our prior written permission.

2.4 User Conduct

To the extent that the Website allows you to post content or interact with others (now or in the future), you agree to conduct yourself respectfully. We reserve the right to remove any content that we determine, in our sole discretion, violates these community standards or South African law.

2.5 Third-Party Links

The Website may contain links to third-party websites (e.g., references to scientific studies, supplement retailers, or health organizations).

• No Endorsement: These links are provided for your convenience only. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
• Liability: We accept no responsibility for the content of third-party sites or for any loss or damage that may arise from your use of them. Accessing third-party sites is done entirely at your own risk.

3. CONTENT AND INTELLECTUAL PROPERTY

3.1 Ownership of Content

Unless otherwise indicated, the Website and all content and other materials on the Website, including, without limitation, the Primal Protocols logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Primal Protocols or our licensors and are protected by the Copyright Act 98 of 1978 of South Africa and international copyright laws.

3.2 Trademarks

"Primal Protocols," the Primal Protocols logo, and any other product or service name or slogan contained in the Website are trademarks of Primal Protocols and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners.

3.3 User Submissions (Future-Proofing)

While we do not currently host user accounts, should you submit any feedback, suggestions, ideas, or other content ("Submissions") to us via email or contact forms:

• License: You grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any media.
• Legality: You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post; that the content is accurate; and that use of the content you supply does not violate these Terms or South African law.

3.4 Copyright Complaints (ECTA Take-Down Notice)

We respect the intellectual property rights of others. In accordance with Section 77 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), if you believe that your work has been copied in a way that constitutes copyright infringement, please lodge a notification of unlawful activity with us.

Your notification must be in writing and include:

• Identification: Full names and address of the complainant.
• Signature: The written or electronic signature of the complainant.
• Right: Identification of the right that has allegedly been infringed.
• Material: Identification of the material or activity that is claimed to be the subject of unlawful activity (usually a URL).
• Remedial Action: The remedial action required to be taken by the provider (e.g., remove the content).
• Contact: Telephonic and electronic contact details.
• Statement: A statement that the complainant is acting in good faith.

Please submit Take-Down Notifications to: legal@primalprotocols.com

4. DISCLAIMERS AND LIMITATION OF LIABILITY

4.1 Medical & Health Disclaimer (Crucial)

This Website provides general information for educational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

• Consult a Professional: You should always seek the advice of your physician, dietician, or other qualified health provider with any questions you may have regarding a medical condition, nutritional changes, or starting a new fitness program.
• No Doctor-Patient Relationship: Use of this Website does not establish a doctor-patient relationship between you and Primal Protocols.

4.2 "As Is" Disclaimer

To the fullest extent permitted by South African law:

• The Website and all content are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied.
• We expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that the Website will be uninterrupted, secure, or error-free, or that the servers that make it available are free of viruses or other harmful components.

4.3 Limitation of Liability

Subject to the provisions of Section 61 of the Consumer Protection Act (CPA):

• General Limit: neither Primal Protocols nor its directors, employees, or agents shall be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this Website or the content contained therein.
• Specific Exclusion: We are not liable for any damages resulting from reliance on any information found on this Website, including nutritional data which may differ based on food sources, processing, or individual biological factors.
• Gross Negligence Exception: Nothing in these Terms shall limit or exclude our liability for gross negligence, or for death or personal injury caused by our negligence, where such liability cannot be excluded by South African law.

4.4 Accuracy of Information

While we strive to ensure that the nutritional data and health information on this Website are accurate and up-to-date:

• No Warranty of Accuracy: We do not warrant that the content is accurate, complete, reliable, current, or error-free. Nutritional science is constantly evolving, and data (such as USDA values) may change.
• User Responsibility: You acknowledge that any reliance on such material is at your own sole risk.

4.5 Indemnification

You agree to defend, indemnify, and hold harmless Primal Protocols and our affiliates, directors, and employees from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to:

• Your use of or inability to use the Website;
• Your violation of these Terms;
• Your violation of any rights of another party, including any copyright or privacy right; or
• Your violation of any applicable laws, rules, or regulations.

5. TERMINATION

5.1 Termination by Us

We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Website, with or without notice, for any reason, including, without limitation:

• Breach of Terms: If we believe you have violated these Terms or applicable South African laws (such as ECTA).
• Security Risk: If your use of the Website poses a security risk to us or other users (e.g., bot attacks, scraping).
• Discontinuation: If we decide to cease operating the Website or any part thereof.

5.2 Termination by You

You may terminate these Terms at any time by simply discontinuing your use of the Website. If you have subscribed to any newsletters or future services, you may unsubscribe via the link provided in those communications.

5.3 Effects of Termination & POPIA Compliance

Upon termination of your access:

• Right to Use Ends: All rights granted to you in these Terms will immediately cease.
• Data Retention: In accordance with the Protection of Personal Information Act 4 of 2013 (POPIA), we will only retain your personal information (if any has been collected) for as long as is necessary to fulfill the purposes for which it was collected, or as required by law (e.g., for tax or legal record-keeping).
• Data Deletion: Once the retention period expires, your personal information will be securely deleted or de-identified.

6. GOVERNING LAW AND DISPUTE RESOLUTION

6.1 Governing Law

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the Republic of South Africa. You irrevocably consent to the jurisdiction of the courts located in South Africa for any action arising out of or relating to these Terms.

6.2 Dispute Resolution (Informal First)

In the event of any dispute, claim, or controversy arising out of or relating to these Terms:

• Step 1: You agree to first contact us directly at legal@primalprotocols.com and attempt to resolve the dispute informally for a period of at least thirty (30) days.
• Step 2: If the matter is not resolved informally, the dispute shall be referred to the Consumer Goods and Services Ombud (CGSO) if applicable, or legally instituted in the Magistrate’s Court or High Court of South Africa having jurisdiction.

6.3 Jurisdiction

You hereby consent and submit to the non-exclusive jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town) [Note: Change "Western Cape" to your specific province if different] in any dispute arising from or in connection with these Terms.

7. STATUTORY CONSUMER RIGHTS (CPA & ECTA)

7.1 Consumer Protection Act 68 of 2008 (CPA)

We are committed to operating in full compliance with the Consumer Protection Act.

• Right to Information: You have the right to receive information in plain and understandable language. If any part of these Terms is unclear, please contact us.
• No Unfair Terms: Nothing in these Terms is intended to unlawfully restrict, limit, or avoid any right or obligation created for either you or us in terms of the CPA.

8. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT (ECTA) DISCLOSURES

Access to the content and services available on this Website is classified as an "electronic transaction" in terms of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"). In accordance with Section 43(1) of ECTA, users are entitled to the following information:

• Full Name & Legal Status: Primal Protocols
• Physical Address: [Insert Physical Address] (Note: This address will be considered your domicilium citandi et executandi for legal service).
• Telephone Number: 069 042 7477
• Website Address: www.primalprotocols.com
• Email Address: legal@primalprotocols.com
• Dispute Resolution: Any dispute regarding access to or use of this Website or its content shall be referred to us via the contact details above for informal resolution. If the dispute cannot be resolved, it shall be governed by the laws of South Africa and subject to the jurisdiction of the courts as set out in Section 7 of these Terms.

9. PRIVACY POLICY

9.1 Incorporation by Reference

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by this reference.

9.2 POPIA Compliance

By using the Website, you acknowledge and agree to the processing of your personal information as described in our Privacy Policy, which has been drafted in compliance with the Protection of Personal Information Act 4 of 2013 (POPIA).

9.3 Access to Policy

You may view our full Privacy Policy at any time by clicking the link in the footer of our Website or by visiting: www.primalprotocols.com/privacy-policy

10. CONTACT INFORMATION

If you have any questions about these Terms, please contact us.

• Email: legal@primalprotocols.com
• Physical Address: [Insert Physical Address for Legal Service]
• Website: www.primalprotocols.com

11. MISCELLANEOUS PROVISIONS

11.1 Entire Agreement

These Terms constitute the sole and entire agreement between you and Primal Protocols regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

11.2 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

11.3 Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ours to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.