Website Terms and Conditions
BODYTEC Your Time Your Fitness
(Registration Number: 2007/050799/23)
These terms and conditions are binding and enforceable against all persons that access the BODYTEC Your Time Your Fitness website or any part thereof in terms of section 11(3) of the Electronic Communications and Transactions Act 25 of 2002 (“the ECT Act”).
If you do not agree to these terms and conditions you must leave the BODYTEC Your Time Your Fitness website now, as further use will automatically bind you to these terms and conditions.
A copy of the ECT Act may be downloaded from http://www.polity.org.za under the heading “Legislation and Policy”.
Definitions and interpretation
- “BODYTEC” means BODYTEC Your Time Your Fitness (Company Reg No. 2007/050799/23);
- “BODYTEC Your Time Your Fitness website” means the BODYTEC site located at www.bodytec.co.za and includes any part or element thereof;
- “User” means any person who enters or uses the BODYTEC website, notwithstanding the fact that such a person only visited the home page of the BODYTEC website;
- References herein to the singular includes the plural and vice versa; and
- Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
BODYTEC was established in 2011 as a health and fitness operator and currently operates a number of studios within the Republic of South Africa.
2. ALLOWED USE & LICENSE
2.1. BODYTEC licenses the User to view, download and print the content of the BODYTEC website, provided that such content is used for personal, educational and/or non-commercial purposes only.
2.2. Content from the BODYTEC website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of BODYTEC.
2.3. Users may only access and use the BODYTEC website for legal purposes.
2.4. The caching of the BODYTEC website shall only be allowed if:
2.4.1. purpose of the caching is to make the onward transmission of the content from the BODYTEC website more efficient;
2.4.2. The cached content is not modified in any manner whatsoever;
2.4.3. The cached content is updated at least every 12 (twelve) hours; and
2.4.4. The cached content is removed or updated when so required by BODYTEC.
2.5. If any User uses content from the BODYTEC website in breach of the provisions detailed herein:
2.5.1. BODYTEC reserves the right to claim damages from the User;
2.5.2. BODYTEC reserves the right to institute criminal proceedings against the User; and
2.5.3. BODYTEC shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.6. Hyperlinks to the BODYTEC website from any other source shall be directed at the home page of the BODYTEC website. BODYTEC shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the BODYTEC website, if such content was accessed through a hyperlink not directed at the home page of the BODYTEC website. Persons that wish to link to content beyond the home page of the BODYTEC website shall do so at their own risk and indemnify BODYTEC against any loss, liability or damage that may result from the use of content from the BODYTEC website, if such content was accessed through a hyperlink not directed at the home page of the BODYTEC website. BODYTEC non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.7. Users may quote small and reasonable amounts of content available from the BODYTEC website only if such quote is placed in inverted commas and acknowledged.
2.8. No person may frame the BODYTEC website, in any manner whatsoever, without the prior written consent of BODYTEC.
2.9. Apart from bona-fide search engine operators and use of the search facility provided on the BODYTEC website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the BODYTEC website for any purposes, without the prior written consent of BODYTEC.
2.10. All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by BODYTEC at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS & DOMAIN NAME USE
3.1. All intellectual property on the BODYTEC website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to BODYTEC and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the BODYTEC website are expressly reserved.
3.2. BODYTEC is a registered trademark and Users agree not to use the trademark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to BODYTEC at the cost of the User.
4. SOFTWARE & EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the BODYTEC website and/or download content from this website.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the BODYTEC website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and BODYTEC has the duty to disclose the following information:
5.1. The full name and legal status of the website owner: BODYTEC Your Time Your Fitness;
5.2. Street address: North Wharf Building, 42 Hans Strijdom Avenue, Cape Town, 8001;
5.3. Postal address: P.O. Box 16061, Vlaeberg, 8018;
5.4. Physical address for receipt of legal service: North Wharf Building, 42 Hans Strijdom Avenue, Cape Town, 8001;
5.5. Main business: The main business of BODYTEC is detailed at http://www.bodytec.co.za;
5.6. The website address of the BODYTEC website is: http://www.bodytec.co.za;
5.7. The official e-mail address of the BODYTEC website is: email@example.com;
5.8. Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.8.1. access to the BODYTEC website;
5.8.2. the inability to access the BODYTEC website;
5.8.3. the services and content available from the BODYTEC website; or
5.8.4. these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za;
5.10. Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do apply to this website; and
5.11. Users may lodge complaints concerning the BODYTEC website with BODYTEC at (telephone) 021 418 3479 or (email) firstname.lastname@example.org.
6. CHANGES AND AMENDMENTS
BODYTEC expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1. change these terms and conditions;
6.2. change the content and/or services available from the BODYTEC website;
6.3. discontinue any aspect of the BODYTEC website or service(s) available from the BODYTEC website; and/or
6.4. change the software and hardware required to access and use the BODYTEC website.
7.1. BODYTEC shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za.
7.2. BODYTEC may electronically collect, store and use the following personal information of Users:
7.2.1. name and surname;
7.2.2. contact numbers;
7.2.3. non-personal browsing habits and click patterns;
7.2.4. e-mail address; and
7.2.5. IP address.
7.3. BODYTEC collects, stores and uses the abovementioned information for the following purposes:
7.3.1. communicate requested information to the User; and
7.3.2. to compile non-personal statistical information about browsing habits, click-patterns and access to the BODYTEC website.
7.4. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
7.5. BODYTEC may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1. BODYTEC shall not disclose personal information from Users unless the User consents thereto;
7.5.2. BODYTEC shall disclose information without the User’s consent only through due legal process; and
7.5.3. BODYTEC may compile, use and share any information that does not relate to any specific individual.
7.6. BODYTEC owns and retains all rights to non-personal statistical information collected and compiled by BODYTEC.
8. HYPERLINKS TO THIRD PARTY SITES
8.1. BODYTEC may provide hyperlinks to websites not controlled by BODYTEC (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
8.2. BODYTEC does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
9.1. BODYTEC shall take all reasonable steps to secure the content of the BODYTEC website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, BODYTEC does not make any warranties or representations that content shall be 100% safe and secure;
9.2. BODYTEC is under no legal duty to encrypt any content or communications from and to the BODYTEC website and is also under no legal duty to provide digital authentication of any page on the BODYTEC website;
9.3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the BODYTEC website or the server and computer network that support the BODYTEC website. Notwithstanding criminal prosecution, any person who delivers any damaging code to the BODYTEC website, whether on purpose or negligently, shall, without any limitation, indemnify and hold BODYTEC harmless against any and all liability, damages and losses BODYTEC and its partners / affiliates may suffer as a result of such damaging code;
9.4. Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and BODYTEC reserves the right to claim damages any and all persons concerned with a security failure or breach; and
9.5. Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by BODYTEC and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za.
10. DISCLAIMER & LIMITATION OF LIABILITY
10.1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, BODYTEC (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1. access to the BODYTEC website;
10.1.2. access to websites linked to the BODYTEC website;
10.1.3. inability to access the BODYTEC website;
10.1.4. inability to access websites linked to the BODYTEC website;
10.1.5. content available on the BODYTEC website;
10.1.6. services available from the BODYTEC website;
10.1.7. downloads and use of content from the BODYTEC website;
10.1.8. any other reason not directly related to BODYTEC gross negligence.
10.2. The BODYTEC website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with BODYTEC, that the content available from and through the BODYTEC website meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
10.3. Information, ideas and opinions expressed on the BODYTEC website should not be regarded as professional advice or the official opinion of BODYTEC and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the BODYTEC website.
10.4. BODYTEC does not make any warranties or representation that content and services available from the BODYTEC website will in all cases be true, correct or free from any errors. BODYTEC shall take all reasonable steps to ensure the quality and accuracy of content available from the BODYTEC website.
10.5. BODYTEC does not make any warranties or representations that the BODYTEC website shall be available at all times. Users acknowledge that the BODYTEC website may be unavailable due to updates or other causes beyond the reasonable control of BODYTEC, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God”.
11. REMOVAL & CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the BODYTEC website to BODYTEC via email on email@example.com and BODYTEC undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
12. INTERCEPTION OF COMMUNICATION
Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to BODYTEC’ right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the BODYTEC website, its staff and employees; and
13. ENTIRE AGREEMENT & SEVERABILITY
13.1. Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between BODYTEC and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by BODYTEC from the User.
13.2. Any failure by BODYTEC to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.3. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and BODYTEC agree that:
14.1. the User shall be bound to these term and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the BODYTEC website for the first time or immediately after the User indicated consent as required in Content Use Agreement;
14.2. data messages (as defined in the ECT Act) addressed by the User to BODYTEC shall only be deemed to have been received if and when responded to;
14.3. data messages (as defined in the ECT Act) addressed to the User by BODYTEC shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
14.4. data messages (as defined in the ECT Act) addressed by the User to BODYTEC shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
14.5. electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and BODYTEC; and
14.6. the User agrees and warrants that data messages that are sent to BODYTEC from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
15. APPLICABLE & GOVERNING LAW
Subject to clause 5.13, the BODYTEC website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the BODYTEC website, its content, services and these terms and conditions.
16. LEGAL COSTS
BODYTEC shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© 2018. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.