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DIGITAL PRODUCTS TERMS, CONDITIONS, & LICENSING POLICY

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Last Updated: July 16, 2026

Provider: Claude Fourie (trading as Claude Fourie Sexologist)

Website: www.claudesexologist.com

Contact Email: info@claudesexologist.com

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1. Introduction and Scope

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This Digital Products Terms, Conditions, and Licensing Policy (the "Agreement") governs your purchase, download, access, and use of all digital products, including but not limited to self-help short courses, online programs (such as the Rekindle Intimacy Program), downloadable PDFs, audio guides, video modules, and gated community content (collectively, the "Digital Products") hosted on or sold through [www.claudesexologist.com](https://www.claudesexologist.com) (the "Website").

By purchasing or accessing any Digital Product, you (the "Client", "User", or "Purchaser") agree to be legally bound by this Agreement.

⚖️ Dual-Jurisdiction Compliance:

This Agreement is drafted in compliance with the laws of the Republic of South Africa (specifically the Electronic Communications and Transactions Act 25 of 2002 ["ECTA"] and the Consumer Protection Act 68 of 2008 ["CPA"]) and the United States of America (specifically federal copyright law, state-level consumer protection statutes, and the Uniform Commercial Code ["UCC"]).

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2. Nature of the Digital Products (The "No Medical/Therapeutic Relationship" Disclaimer)

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Because of the nature of sexology, relationship coaching, and intimacy education:

  • Educational Purpose Only: All Digital Products, courses, and materials are strictly for educational, informational, and self-help purposes.

  • No Professional-Client Relationship: Purchase or use of any Digital Product does not establish a formal doctor-patient, therapist-client, or clinical psychologist-client relationship with Claude Fourie.

  • Not Medical or Mental Health Advice: The Digital Products are not intended to diagnose, treat, cure, or prevent any sexual dysfunction, clinical psychological disorder, mental health condition, or physical illness. The content is not a substitute for professional medical, psychiatric, or therapeutic advice, diagnosis, or treatment.

  • Seek Professional Help: You are advised to consult with a qualified medical practitioner or licensed mental health professional regarding any specific physical or mental health concerns.

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3. Intellectual Property Rights & Limited License Grant

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All Digital Products, including text, graphics, videos, code, audio, worksheets, and course structures, are the exclusive intellectual property of Claude Fourie and are protected under South African copyright laws, U.S. Copyright law, and international treaties.

  • Grant of License: Upon receipt of full payment, the Provider grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide Single-User License to access and use the Digital Product solely for your own personal, non-commercial use.

  • Prohibited Uses: You may NOT:

    1. Share, sell, rent, lease, distribute, or sublicense the Digital Products or your account login credentials to any third party (including partners, friends, or colleagues, unless explicitly sold as a "couple's license").

    2. Repackage, adapt, translate, or create derivative works from the Digital Products.

    3. Use any of the content for commercial coaching, counseling, teaching, or training purposes without explicit written authorization and a commercial licensing agreement from the Provider.

  • Remedies for Breach: Any unauthorized sharing or commercial exploitation constitutes copyright infringement. The Provider reserves the right to terminate access immediately without a refund and pursue statutory damages under South African and/or U.S. copyright laws.

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4. Fees, Payment, and Billing

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  • Currency and Pricing: All prices are displayed on the Website and will be billed in the currency specified at checkout.

  • Payment Processors: Payments are processed securely via integrated third-party gateways (e.g., Stripe, PayPal, or Peach Payments). The Provider does not store your raw credit card or banking details.

  • Subscriptions and Recurring Billing: If you purchase a subscription-based Digital Product (e.g., ongoing membership or monthly program access), you authorize the Provider to automatically bill your designated payment method at the intervals specified at checkout.

  • Declined Payments: If a payment is declined, the Provider reserves the right to suspend or terminate your access to the Digital Product immediately until payment is resolved.

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5. No-Refund and Cancellation Policy (Strict Digital Products Rule)

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Due to the digital, instantly downloadable, and consumable nature of the Digital Products, a strict refund policy is enforced to protect intellectual property.

  • South African Law Context (ECTA Section 42(1)(g)): In terms of the South African Electronic Communications and Transactions Act (ECTA), the statutory 7-day cooling-off period does not apply to electronic transactions where the goods are downloaded, unsealed, or consumed. Once access to a Digital Product is granted, the transaction is final.

  • U.S. Consumer Protection Context: Under U.S. consumer laws, digital downloads are classified as digital goods, and "instant access" voids standard return rights.

  • The Rule: All sales of Digital Products are final and non-refundable. No refunds, partial refunds, or chargeback agreements will be honored once access is granted or the product is downloaded.

  • Exceptions: Exceptions are made only if:

    • There is a proven technical defect in the file/delivery that the Provider cannot resolve within five (5) business days of being notified in writing.

    • A specific "Money-Back Guarantee" is explicitly advertised on the sales page for a particular course, subject to the strict completion terms detailed on that sales page.

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6. Technical Access and System Requirements

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  • System Requirements: To access our online courses or digital downloads, you must have a reliable, high-speed internet connection and compatible hardware/software (e.g., updated web browsers, PDF readers). The Provider is not responsible for your inability to access materials due to outdated personal hardware or poor internet connectivity.

  • Access Duration:

    • Lifetime Access: If a product is sold with "lifetime access," this means access will be maintained for as long as the Website is active and the specific product continues to be offered by the Provider.

    • Program Retirement: If the Provider decides to retire a course or digital product, you will be given at least thirty (30) days' notice via email to download any offline-accessible materials.

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7. Limitation of Liability & Indemnity

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  • "As Is" Basis: The Digital Products are provided on an "as-is" and "as-available" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.

  • No Guarantee of Outcomes: Relationships and human intimacy are highly individual and complex. The Provider makes no guarantees, promises, or representations regarding specific outcomes, results, behavioral changes, or relationship improvements arising from the use of the Digital Products.

  • Limitation of Liability: To the maximum extent permitted by applicable law (including the South African CPA and U.S. state tort laws), Claude Fourie shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, emotional distress, or relationship breakdown, whether incurred directly or indirectly, resulting from your use of or inability to use the Digital Products.

  • Liability Cap: In no event shall the Provider's total liability for any claim related to the Digital Products exceed the actual amount paid by you to the Provider for the specific Digital Product in question.

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8. Data Privacy (POPIA, GDPR, and CCPA)

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Your personal and billing data is handled strictly in accordance with our Privacy Policy.

  • Because the Digital Products explore sensitive topics, we apply heightened operational care to protect your data.

  • We process and secure your personal information in compliance with South Africa's Protection of Personal Information Act (POPIA), the European Union's General Data Protection Regulation (GDPR), and applicable U.S. state privacy laws.

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9. Dispute Resolution and Governing Law

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In the event of any dispute, controversy, or claim arising out of or relating to this Agreement:

  • Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the Republic of South Africa, without regard to its conflict of law principles.

  • Initial Amicable Resolution: Before initiating formal legal action, both parties agree to attempt to resolve the dispute in good faith through direct, private negotiation over a period of at least thirty (30) days.

  • Jurisdiction: If amicable resolution fails:

    • For clients residing in South Africa or outside the United States, the parties consent to the non-exclusive jurisdiction of the High Court of South Africa (Gauteng or Western Cape Division, matching the Provider's domicile).

    • For clients residing in the United States, any legal action must be brought in a court of competent jurisdiction within South Africa, unless both parties mutually agree in writing to binding international arbitration.

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10. General Clauses

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  • Severability: If any provision of this Agreement is found to be invalid or unenforceable by a court of law, the remaining provisions will continue in full force and effect.

  • Entire Agreement: This Agreement, along with the Website's Privacy Policy and Terms of Use, constitutes the entire agreement between you and Claude Fourie regarding Digital Products.

  • Amendments: The Provider reserves the right to update or modify this Policy at any time. Any changes will be posted to this page with an updated "Last Updated" date. Continued use of the Digital Products after changes are posted constitutes acceptance of the new terms.

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