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Terms of use

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PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OUR WEBSITE - SINCE BY SIGNING UP AND REGISTERING YOU CLAIM YOU HAVE READ THIS INFORMATION.  YOU ARE ALSO AGREEING AND SIGNING THE COACHING AND COUNSELLING AGREEMENT AND CONTRACT OF JUSTLIVE COACHING AND COUNSELLING (JUSTLIVE (PTY) LTD) (Clause13)

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This page states the "Terms of Use" under which you may use this website, which is an interactive on-line service operated under the domain of © 2006-2020 Wix.com, Inc. and trading as JustLive© ("us"), consisting of information services and content provided by us and other third parties (the "Site"). These Terms of Use include the Site Privacy Policy and form a binding agreement between you and JustLive©, a sole proprietorship. Your access to or use of the Site indicates your acceptance of these Terms of Use.

  1. Acceptable Use. This Site is intended to provide users with general information. We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on Site at our invitation or other visitors to the Site is solely at your own risk. Your use of the Site is a privilege.

  2. Rules of Conduct. We are the sole interpreter of the Site rules of conduct described in these Terms of Use. Users who violate these rules may have their access and use of the Site suspended or terminated at our discretion. We may at any time take any action concerning user materials that we deem in our sole discretion to be necessary or appropriate.

    • Posting Rules.

      1. Materials you post to the Site may not contain (1) URLs or links to websites that compete with the Site; (2) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (3) trade secrets (unless you own them or have the owner's permission to post them); (4) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (5) anything sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful; or (6) anything embarrassing or offensive to another person, group or entity.

      2. You may not use the information on the Site or your Materials to (1) impersonate another person, living or dead; (2) post false, inaccurate or misleading information; (3) except as provided in your directories of you own services, post advertisements or solicitations of business (including, but not limited to, franchises, "club memberships," distributorships, or anything requiring a monetary investment, including a request for payment to obtain job listings); (4) post chain letters or pyramid schemes; or (5) post opinions or notices, commercial or otherwise.  

      3. The Protection of Personal Information (P.O.P.I.) Act No. 4 of 2013, governs the good practice of privacy and confidentiality of user’s private information. This legislation protects the user, and company, individuals and the clients from the distribution or use/misuse of their private and confidential information, such as a person’s name, address, phone number or email address, a photograph of a person, any video recording of a person without their consent. JustLive© adheres to the legislation of the P.O.P.I. Act and respects the information of all its clients and contacts.

      4. Wix Website:  www.justlive.co.za - Wix protects site visitors’ data with the implementation of data encryption using HTTPS, TLS 1.2 and above, and SSL.  All Wix sites come with an SSL certificate.  Wix protects payments and transactions by maintaining PCI DSS Level 1 certification, the highest Payment Card Industry Data Security Standard.  (Wix Security team at security-report@wix.com).

      5. Materials that encourage our users to "email for more details" are not permitted. Materials from any third party charging a fee are not permitted.

      6. We are under no obligation to monitor the materials posted on the Site by users, but we may monitor materials at random. Any materials we find in our discretion to violate these Terms of Use may be removed. If we are notified by a user that any user materials on the Site violate these rules, we may investigate and determine in good faith whether we agree with such allegation, in which case we may remove or request the removal of user materials. We are not required to make any such investigation or to remove any user materials, and we will not be liable to any user for taking or not taking such actions.

    • Conduct Rules:

      • You may not respond to postings by other users in any manner or for any purpose other than that which is expected. Responses soliciting business are prohibited.

      • You may not send (or encourage or help others to send) unsolicited commercial email to our users.

      • Report inappropriate postings or conduct to info@justlive.co.za.

      • You may not delete or revise any material posted by any other person or entity.

      • Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Site is prohibited.

      • We are under no obligation to monitor the conduct of our users, but we may investigate and respond when violations are reported.

      • The user is not permitted to advertise randomly in posts or otherwise on the Site.

    • Security Rules:

    • Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail-bombing" or "crashing"; (4) sending unsolicited e-mail, including promotions and/or advertising of products or services; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

      • Violation of these Security Rules may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

    • Registration Rules.

      • To post certain material to the Site, such as blog posts, professional profiles in the directory, and acceptance of services such as online coaching or counselling, you will be required to register. We will request information from you, including your name, identity/passport number, cellular phone number and email address, for your registration. You must provide us with true and accurate registration information. We will not share your registration information with third parties, except as necessary to provide you with services you request or with your permission as provided in the Site Privacy Policy.

      1. We will assign a user name and password to you. You may not share your account, user name or password with anyone else, and you will be responsible for the actions of anyone who obtains your user name and/or password and uses them to access the Site. You must notify us immediately of any unauthorized use of your user name and password.

      2. If at any time during the term of this agreement we come to the understanding that you: (1) misled us as to your business practices and/or services, or (2) purchased services that do not describe your precise business, we reserve the right to terminate your account. We may terminate your account and/or your access to the Site at any time if we deem in our sole discretion such to be necessary or appropriate.

  3. Rights Reserved.

    • We hereby grant you a limited, terminable, non-exclusive right to access and use the Site only for your personal use. This authorizes you to view and download a single copy of the material on the Site solely for your personal, non-commercial use. You must include the following notice in any downloaded materials: Copyright JustLive© or Life Enrichment Matrix©. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Elvira de Jager, trading as JustLive©.

      • Except as expressly stated in these Terms of Use, we reserve all rights to all materials on the Site, including, without limitation, written content, graphical and design elements (including the Site's "look and feel"), and service marks and trademarks. By submitting material to any area of the Site, you automatically grant or warrant that the owner of such material has expressly granted, to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You may not sell, transfer or assign any products or services or your rights to any products or services provided by us to any third party without our express written authorization. You may not copy, modify, alter, or excerpt (or encourage or help others to copy, modify, alter, or excerpt) the Site materials. You may not use (or encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. You acknowledge and agree that these Terms of Use in no way convey any right, title or interest to you in any materials on the Site, including, without limitation, any statutory or common-law copyright, patent or other intellectual property right in such materials.

  4. Disclaimer.

    • We make no representations or warranties whatsoever regarding the Site and any materials on the Site. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, THE SITE IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE. WE MAKE NO WARRANTY THAT THE SITE'S SERVICE WILL BE UNINTERRUPTED, THE SITE'S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    • The Site is not intended to be a substitute for professional advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on this Site.

    • You are solely responsible for the content of any posting you make to the Site and any consequences arising from such posting. We assume no responsibility for materials posted by our users or any other actions, conduct or omissions of our users. We act as a service provider for users to distribute and publish their materials. We do not undertake responsibility for screening or monitoring our users' materials.

    • Our bloggers who post articles to our Site are not employed by us or JustLive©. Each blogger is solely responsible for the content of his or her articles. We do not undertake responsibility for screening or monitoring our bloggers' materials. The opinions expressed by the bloggers are their own and are not our opinions or endorsed by us.

    • Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Site (a "third-party site"). We may offer links to, or incorporate into the Site, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site since such sites are owned and operated by others. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third-party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a third-party site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.

    • We do not endorse, and nothing on the Site shall be deemed to be an endorsement, representation or warranty of, any third party (including our directory members, users, clients and bloggers), whether concerning such third party's products, services, websites, experience or background or otherwise. We do not make any representations or warranties about any materials posted by our users, directory members or bloggers. The information is provided exclusively by participating professionals, and general contributors, wherein we have made good faith, reasonable efforts to verify individuals and have found no contrary information.

    • ​Some of the material on this Site may be provided by Elvira de Jager trading as, and the publisher of JustLive© and the Life Enrichment Matrix©. You accept that JustLive© disclaims all warranties and limits all liability arising in connection with this Site to the same extent and in the same manner as we do in these Terms of Use. You expressly agree that JustLive© may rely on your acceptance of such disclaimers and limits.

    • Your use of the Site, the Internet, any materials you post or access via our Site and your conduct online or offline is at your own risk.

  5. Indemnification. You shall indemnify and defend us, and our coaches, officers, employees, consultants and trainers against any costs, expenses (including reasonable attorneys' fees whether arising out of a third-party claim or in enforcing this indemnification), claims, judgments, settlements and damages (including all damages awarded to third parties payable by us, but in all cases only our direct damages) arising out of, or related to, your use of the Site, any materials posted to the Site or provided to other users by you or any violation of these Terms of Use.

  6. Limitation of Liability.

    • NEITHER WE NOR ANY OF OUR COACHES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WILL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ("NON-DIRECT DAMAGES"), OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    • THE LIABILITY OF US AND ANY OF OUR COACHES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TO YOU OR TO ANY OTHER PERSON FOR DIRECT DAMAGES SHALL BE WAIVED.

  7. We undertake to comply with the Copyright of content, should you believe that your work has been copied in a way that constitutes copyright infringement or plagiarism, please contact us and advise us of such infringement.  

  8. All the content of JustLive© and the Life Enrichment Matrix© falls under the South African Copyright Act 98 of 1978, and the terms of use of each user and client utilising the Site, confirm adherence to this legislation.

  9. Governing Law and Jurisdiction in South Africa. These Terms of Use and any claim or dispute arising out of, relating to or in connection with these Terms of Use or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed following the laws of South African legislation without giving effect to its conflicts of law principles. Each party irrevocably consents and agrees that any legal action, suit or proceeding against either of them arising out of, relating to or in connection with the transaction contemplated hereby or disputes relating hereto may be brought only in South Africa, and hereby irrevocably accepts and submits to the exclusive jurisdiction of the aforesaid courts in personam, concerning any such action, suit or proceeding. EACH PARTY WAIVES TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO FORMALLY ACCUSE CHARGES AT COURT, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF USE.

  10. Notices. You shall send notices to us by mail or by email to our contact information listed below and addressed to the attention of LEGAL. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by the recipient.

  11. Amendment. We may change these Terms of Use, including the Site Privacy Policy, at any time. We will post notification of changes on the Site and e-mail them to registered users. Your continued use of the Site after the posting on the Site of any changes (whether or not you have also received notice by email) indicates your acceptance of such changes.

  12. General. We and you are independent contractors of each other. Neither party shall be deemed in default for failure to comply with any provision hereof if such failure results from acts or events beyond its reasonable control, other than payment of money. If any provision of these Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. All provisions of these Terms of Use, except provisions that grant you access to or use of the Site, shall survive the termination of the agreement between us and you. These Terms of Use shall be binding upon the parties, their legal representatives, successors and permitted assigns, but may not be assigned by you. Except as may be expressly stated in any other written agreement signed by you and us, these Terms of Use, including the Site Privacy Policy (as amended from time to time by us as provided in these Terms of Use) contain the entire understanding between you and us and supersede any prior agreement between you and us, whether written or oral.

  13.   Confidentiality Agreement & Coaching Contract

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Coaches strive to reach the JustLive Vision and Mission.

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NATURE OF THE COACHING RELATIONSHIP

 

Coaching is a process where the client wishes to achieve personal growth and self-awareness in their life, and the coach is there to interact as a guide and to give structure and strategy to the way toward examining the challenges and assisting the client in creating strategies and perspectives to achieve changes. The client drives their changes, the coach can not actually do this for the client.

 

Coaching can include any dimension of the client's life, including mental, relational and social, spiritual and emotional, physical and nutritional, financial and career.  The client holds full responsibility regarding these dimensions, together with their own well-being and is exclusively responsible for any actions, choices or decisions they make because of the coaching process. The client recognizes that the coach is not and can not be held liable for any action, inaction or decision, or any immediate or indirect consequence or result of the coaching process. The client recognizes that coaching can not 'fix' or 'cure' anything, mental or physical and it is not a substitution or replacement for professional treatment, therapy, clinical or medical assistance.

 

CONFIDENTIALITY AND PRIVACY

 

It is essential that confidentiality be maintained and trust established between coach and Client. Our work together will remain completely confidential, and what is discussed in session will not be discussed outside of that session. The only exception to this rule is where a coach may discuss issues arising from sessions with their own mentor or coach, although when this happens anonymity is maintained.  Life threatening situations or abuse will be dealt with appropriately and with privacy and advised or referred to the necessary professional authorities as required.  The coach and counsellor commits to adhering to the ethical conduct and behaviour as instituted by the necessary registered authorities.

The client agrees to not share JustLive's coaching material outside of the coaching environment, but rather encourage others to join the Life Balance courses so that the writer of the course material could benefit from it.

 

RECORD KEEPING AND DATA PROTECTION

 

The coach may take notes in sessions and record sessions (for self-improvement and quality control) in order to better understand the client and aid in preparation for subsequent sessions. These notes or recordings will never be passed on, discussed or shared to a third party.

 

On commencing with coaching sessions the client agrees to these notes and recordings being used for the coach’s own perusal and the coach commits to the client confidentiality and privacy as agreed upon and within the restricted ethical conduct and behaviour.

 

Any notes will be retained for the period of coaching, and then a period of two years, in case the client wishes to return to coaching at a later date.

 

Within our strict code of confidentiality, the coach will need to keep your name, contact details, and attendance data on record in the JustLive cloud. The coach keeps a record of all appointments offered, attended, and cancelled, and of the payments made. This is done so that we can run an efficient booking system and make sure that the online appointments are encrypted and safe, and that the in-person premises are safe for everyone.  This information is also required for complying with ethical conduct and behaviour.

 

Subject to local regulation (country), the client has the right to see their notes and records. If the information that the coach has about you is required, please ask to view at any point throughout the counselling process.

 

In accepting the offer of coaching you agree to these records been kept.

 

COACHING FRAMEWORK / PROCEDURE

 

This may vary on a case by case basis. It is possible for coaching to be approached on a session to session basis, or in blocks of sessions. By its nature, coaching can be open ended, but committing to blocks of coaching may reap greater rewards as it represents a greater investment in the process on the part of the client.

 

The client will complete and return email a page reflecting the appropriate arrangement, more or less including the following:-

We will work on the following basis, either:  Session to session basis /or; Commitment to _x_ number of sessions over a period of _x_ weeks [‘a Block’]

The details of the agreed process will be written or emailed - by which sessions will be arranged (by email/or in-person) – each person’s process is tailored to their needs and requirements and agreed upon.

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Each session will be 1 hour (60 minutes) long.

 

AGREED FEES

 

Please enquire within what our current fees are, and to find out about our special Pricing Plans and Vouchers/Coupons for counselling and life coaching.  Companies can purchase Subscription Plans which contain a various amount of sessions per plan - info@justlive.co.za.

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CHANGES AND CANCELLATION POLICY

 

When cancelling and rescheduling the client must please consider that there may not be another appointment available soon, and the first available session will be considered.  Cancelled sessions without notification - will not be refunded. 

Single Session to session arrangements can be cancelled at any time with at least one day/24 hours notice - prior to an arranged session. If you do not notify JustLive of your cancellation within 24 hours, you will be liable to pay for the session. 

However, if you have paid for and booked a Block of sessions, you will only be permitted one cancellation and reschedule, thereafter no refunds will be available.  The coach will utilize discretion considering illness and disease. 

Where a Block has been paid for, cancellation is not possible as it would defeat the purpose of committing to a block. A break in a Block may only be arranged by mutual consent.

 

However, changes in session times should be made one day/24 hours before the agreed time and in accordance with agreed procedure - we will discuss cancellation procedure on signing up for a coaching agreement in-person – however for this online acceptance of coaching the procedure is – emailing JustLive 24 hours beforehand with a proposed rescheduled date and time: info@justlive.co.za

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CHALLENGES

 

If at any time you experience problems with the coaching or counselling process, it is best to bring it up with the coach immediately within the session or at the next session - and attempt to overcome any obstacles that have arisen.  It is best for client and coach to discuss their expectations.  The coach and client undertake in good faith to resolve any problems immediately to the best of their ability and to the satisfaction of both parties.

 

THE ONLINE UNDERTAKING OF THE COACH

 

I undertake to act to the best of my ability as your coach and to work with you to help identify your personal and professional goals. I undertake to offer you my full and undivided attention during our sessions together, to offer no judgement, only observation. I will never tell you what to do, as you will always decide for yourself, I will only seek to help you explore the possibilities available to you. I promise to adhere to the values, principles and ethics of JustLive, and to do my very best to ensure you have a productive and transformative experience in alignment with your own values, goals and stated desires. I will be totally committed to your desire for change and fulfillment and celebrate your every success.

I can not offer any expertise in relation to mental health or physical health, and if these are concerns I will always advise and refer you to visit a relevant professional. 

The coach might share information from third parties and other companies, but does not claim to be a professionally registered individual on the subject of medical, mental or physical health, and herewith encourages members and readers who do require professional mental or physical health related consultancy or medical related assistance, to obtain professional guidance and advice on the specific subject, supplement or medication - please contact us if necessary so that we can refer you for professional help should it be required – info@justlive.co.za.

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I look forward to a fulfilling and exciting coaching journey with you.

 

Name:  Elvira A. de Jager   South African Identity number: 7205060020086

Signature:  signed by Elvira de Jager and finalization of Booking with specific Client

Date: (on finalization)

 

THE ONLINE UNDERTAKING OF THE CLIENT

 

I am motivated and committed to the coaching process. I understand that in order to achieve results, my full participation and commitment will be required.

I accept full responsibility for myself and any actions I take that might result from Coaching and I promise that I am healthy enough physically and mentally to engage in coaching.

I know that I must take responsibility and accountability for my life in order to empower myself to achieve the change I desire to make and that no one else can do this for me.

I can afford the Coaching fee at this time.  I will pay the agreed fees upfront as required.  I agree to honor my scheduled session times and follow the rescheduling procedures. If my circumstances change I will tell my coach as soon as possible.

I have read and agree with the Coaching and Counselling Agreement and JustLive's Terms of Use, at my Online Registration.

Taking into account that the coach might share information from third parties and other companies, I acknowledge that the coach does not claim to be a professionally registered individual on the subject of medical, mental or physical health.  The coach herewith encourages members, clients and readers who do require professional mental or physical health-related consultancy or medical-related assistance, to obtain professional guidance and advice on the specific subject, supplement or medication - herewith the coach is indemnified by me (The Client) against any liability or claim concerning information that has been shared as said above. I take the responsibility on me to consult with a professional on any information that has been shared (as mentioned above) or application thereof.

 

Name:  Client on finalization, registration and Booking confirmation included Passport/Identity number

Signature: signed by Client

Date: (on finalization)

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JUSTLIVE COACHING & COUNSELLING (JUSTLIVE (PTY) LTD))

Member of the ASCHP (Association for Supportive Counsellors and Holistic Practitioners) Specialist Wellness Counsellor membership no: SWC22/1587.

The ASCHP (ID 984) is a SAQA (South African Qualifications Authority) recognized professional body with listed designations in the National Qualifications Framework (Act 67 of 2008).  In addition they are affiliated to the Council for Counsellors in South Africa and the Natural Healers Association. 

 

Life Coach Practitioner (The Academy of Modern Applied Psychology).  Emotional Intelligence Life Coach Accredited (Transformation Academy); Cognitive Behavioural Life Coach Accredited (Transformation Academy);

 

JustLive (Pty) Ltd, Reg. no: 2016/270960/07 trading as, JustLive© Coaching & Counselling and Life Enrichment Matrix© is a service mark of JustLive© Coaching & Counselling, Johannesburg, South-Africa. 2023

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