This Terms and Conditions Agreement (the “Agreement”) is between you and Fitness26 International (Pty) Ltd, doing business as Fitness26.com (“Fitness26.com”). The Fitness26.com network is comprised of various websites, associated widgets, mobile applications and other distribution platforms (the “Sites”) operated by Fitness26.com.
Acceptance of Terms
The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services constitutes your agreement to all such terms, conditions, and notices.
The services provided by the Sites (the “Services”) are made available for your personal, non-commercial use only. You may not use the Services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of our Services, you must enter into an agreement and do so in advance. Please contact us for more information.
Use of the Service
You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity.
You voluntarily assume any and all risks, known or unknown, associated with your use of the Service (collectively “Your Participation”). You acknowledge that Your Participation may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties.
Notwithstanding the foregoing, you hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with Your Participation. You agree that by participating in physical exercise or training activities you do so entirely at your own risk.
You expressly agree to release and discharge the instructor and Fitness26.com and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.
Fitness26.com reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Services. Fitness26.com may increase the subscription price, according to inflation, at a rate of 10% to 20% per year. All existing members be given 2 months notice, at their registered email address, should a price increase be put into place. Should you not cancel your subscription or not reply to the notification it will be taken that you agree to the price increase and will continue with your membership at the new adjusted price.
The Sites are not directed at children under eighteen years of age, and by providing information about yourself to Fitness26.com you are representing that you are eighteen years of age or older and that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Sites and (b) maintain and promptly update your information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fitness26.com reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
No Sharing of Account Information
You agree that you will not share your username and password with others. Excessive usage of the Sites will be assumed by Fitness26.com to be fraudulent use and your account will be immediately cancelled without a refund.
Only One Free Promotional Period
You will only use any free trial coupons, free month coupons or discount coupons once only. The coupons may not be shared or re-used and expire after one initial use. Fitness26.com will terminate without refund any account that is attempting to use more than one free promotional coupon.
You will not be able to re-activate your account and use a promotional coupon to gain a second free-trial period.
You can cancel your subscription at anytime and you will not be charged again. Fitness26.com does not refund any paid and unused subscription.
Links To Third Party Websites
The Sites may contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of Fitness26.com and Fitness26.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fitness26.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fitness26.com of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Sites, you warrant to Fitness26.com that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites.
You may not send automated queries of any sort to the Sites without express permission in advance from Fitness26.com. Similarly, you are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.
The Sites contain copyrighted material owned by Fitness26.com. You may not obtain or attempt to obtain any copyrighted materials or information through any means not intentionally made available or provided for through the Sites.
Trademarks, Names and Logos
All trademarks, names and logos used on the Sites or delivered via the Services are either owned by Fitness26.com or a use right has been granted to Fitness26.com. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or as a result of your use of the Sites or Services. Without the prior permission of Fitness26.com, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names and logo featured on the Sites for which you do not have personal rights.
Use of Communication Services
The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
* Advertise or offer to sell or buy any goods or services for any business purpose.
* Conduct or forward surveys, contests, pyramid schemes or chain letters.
* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
* Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication Services.
* Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
* Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
* Violate any applicable laws or regulations.
Fitness26.com has no obligation to monitor the Communication Services. However, Fitness26.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Fitness26.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Fitness26.com reserves the right at all times, in it’s sole discretion, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided To Fitness26.com Or Posted On The Sites
Fitness26.com does not claim ownership of the materials you provide to Fitness26.com (including feedback and suggestions) or post, upload, input or submit to the Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Fitness26.com permission to use your Submission in connection with the operation of their business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Fitness26.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Fitness26.com’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FITNESS26.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
FITNESS26.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FITNESS26.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS26.COM FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination and Access Restriction
Fitness26.com reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the Laws of The Republic of South Africa, and you hereby consent to the exclusive jurisdiction and venue of courts in Gauteng, South Africa in all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the Gauteng, South Africa before one arbitrator with no less than 10 years of active litigation practice. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the South Africa and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the Gauteng, South Africa.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Fitness26.com with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fitness26.com with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of Fitness26.com and its affiliates, successors or assigns.