THE CLIENT, BY HIS/HER BODY20 MEMBERSHIP/VOUCHER PURCHASE AND PARTICIPATION CONFIRMS THAT HE/SHE IS PHYSICALLY AND MEDICALLY FIT TO PROCEED WITH THE ELECTRO MUSCLE STIMULATION EXERCISE AND THE TRAINING ROUTINE (THE “EMS TRAINING”). TO THE EXTENT THAT IT MAY BE NECESSARY AND/OR REQUIRED, THE CLIENT SHALL OBTAIN THE NECESSARY CLEARANCE FROM HIS/HER MEDICAL DOCTOR PRIOR TO UNDERTAKING THE EMS TRAINING. THE CLIENT CONFIRMS THAT HE/SHE IS AWARE OF THE RISKS THAT HE/SHE MAY BE EXPOSED TO BY UNDERTAKING THE EMS TRAINING, AND BY PARTICIPATING THEREIN, ACKNOWLEDGES, CONFIRMS AND ACCEPTS THAT THE EMS TRAINING IS UNDERTAKEN ENTIRELY AT THE CLIENT’S OWN RISK AND INDEMNIFIES AND HOLDS BODY20 GLOBAL (PTY) LTD, ITS FRANCHISEES, AGENTS, APPOINTEES, ASSOCIATES AND TRAINERS COMPLETELY HARMLESS AGAINST ANY CLAIM, LIABILITY, DAMAGES OR THE LIKE, HOWSOEVER ARISING, WHETHER DIRECT OR INDIRECT, RESULTING FROM OR RELATED TO THE EMS TRAINING OR FROM BEING IN ANY BODY20 FRANCHISE PREMISES.
Specific Terms & Conditions:
MEMBERSHIPS – At the commencement of and for the duration of the Membership Agreement, the Member may select and book a preferred EMS time slot, subject to availability, at the Member’s chosen Body20 Studio. In the event that the Member is unable to attend a pre-booked training session for any reason, the Member shall, for the duration of the Membership Agreement, be entitled to the prescribed number of moves or make-up sessions at times other than the Member’s pre-booked time slot, subject to availability, and as per the membership option.
Memberships are not transferable from one person to another.
ADDITIONAL TOP-UP EMS SESSIONS – the Member may purchase top-up sessions at any time at a pro-rata fee equal to the cost per session of their respective selected Membership package.
VOUCHERS - have their own redemption period criteria. Voucher Holder’s do not receive a dedicated time slot but are accommodated on a first-come-first-serve basis, and sessions will be booked on a session-by-session basis, subject to the Voucher Holder’s request and the chosen Body20 Studio’s availability.
12/6 HOUR NOTICE RULE - Body20 enforces a strict 12 hour notice rule for all morning time slots and a strict 6 hour notice rule for all afternoon time slots, which requires a Member to notify their chosen Body20 Studio should they not be able to attend their booked session, in order to qualify for a move or make-up session credit.
MEMBERSHIP AGREEMENT CANCELLATION - A Member may cancel a Membership Agreement on 20 business days’ written notice, to be delivered by the Member to their chosen Body20 Studio by email. SMS/WhatsApp messages shall not be considered as proper written notice. Upon cancellation the member will be liable for a 30% cancellation fee of the remaining contract value, if the membership is within its initial contractual period.
On completion of the initial contractual period, a Member may cancel a Membership agreement by giving 20 business days’ written notice, to be delivered by the Member to their chosen Body20 Studio by email, where no cancellation fee is applicable.
Body20 may cancel the Membership Agreement by giving 20 business days written notice delivered to the Member, in the event that the Member fails to comply with any terms of the Membership Agreement, unless the Member rectifies the failure within the notice period.
MEMBERSHIP AGREEMENT EXPIRY & RENEWAL: upon the expiry of the Membership Agreement, unless the Member shall have notified Body20 no less than 20 business days before its expiry date, the Membership Agreement shall automatically continue on a month-to-month basis, on any amended terms and conditions as notified by Body20 to the Member, until the Member either: 7.1 cancels the Membership Agreement by giving 20 business days written notice, it being specifically recorded that no cancellation fee (as set out in clause 6 above) shall be applicable in these circumstances, or enters into a new Membership Agreement with Body20 on the prevailing terms and conditions thereof.
REDEMPTION OF VOUCHERS - Vouchers cannot be cancelled or redeemed for cash once purchased and are valid for a period of 3 years from the date of purchase and must be redeemed in the specific terms thereof.
PAYMENT METHODS – The Member shall be required to pay his/her membership fees via debit order on either the 25th day of each month, in advance for the upcoming month, or on the 1st day of the current month. In the event that any debit order/payment is returned and/or declined for any reason whatsoever, or in the event that the Member has cancelled the Membership Agreement but does not pay the agreed and reasonable Cancellation Fee (as set out in above) in accord with the express terms of the signed Membership Agreement, Body20 shall be entitled to hand the Client over for immediate Legal Action in order to recover the moneys owing to Body20 in terms hereof, and in doing so shall also be entitled to recover all of their associated legal costs on the attorney and own-client scale. Vouchers are billed and payable for upfront and payment will be taken against invoice, via cash, credit card or EFT, directly by your chosen Body20 studio.
CHOSEN ADDRESS FOR SERVICE: The Member/Voucher Holder shall provide his/her chosen address for service on the cover page of the Membership / Voucher Purchase Agreement, as may be applicable. Body20’s chosen address for service shall likewise be set out therein. Both parties shall be entitled to change their address for service, provided they shall have provided the other party with no less than 30 calendar days written notice thereof.
GENERAL AND WEBSITE TERMS & CONDITIONS
These terms and conditions are binding and enforceable against all persons that access the Body20 Global (Pty) Ltd (“Body20”) web site or any part thereof ("the Body20 web site") 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 Body20 web site and/or any Body20 apps now, as further use will automatically bind you to these terms and conditions (“T&C’s”).
Body20 reserves the right, at its sole discretion, to change, modify, add or remove portions of these T&C’s, at any time. It is your responsibility to check these T&C’s, from time-to-time, for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes.
1. DEFINITIONS AND INTERPRETATION
1.1 "Body20" means Body20 Global (Pty) Ltd (Company Reg No. 2014/139840/07);
1.2 "Body20 web site" means the Body20 site located at www.body20.co.za and includes any part or element thereof;
1.3 "User" means any person who enters or uses the Body20 web site, notwithstanding the fact that such a person only visited the home page of the Body20 web site, irrespective of whether such user is a Member or Voucher Holder;
1.4 References herein to the singular includes the plural and vice versa; and
1.5 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.
Body20 operates, via a network of Franchisees, a health club facility offering Electro Muscle Stimulation (EMS) technology, proprietary and unique training programmes, modern personal training and rapid fitness results.
3. PERMITTED USE OF WEBSITE AND APP
3.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (hereinafter referred to as “content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the site is owned, controlled or licensed by or to Body20, and is protected by trademark and copyright laws, together with other intellectual property rights in terms of both South African Statute and Common Laws.
3.2 Except where expressly permitted, no part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Body20’s express prior written consent.
3.3 The User may use the content on the site provided that the User shall:
3.3.1 only use such content for personal, non-commercial informational purpose;
3.3.2 not copy or post such information on any networked computer or broadcast it in any media;
3.3.3 not make any such information;
3.3.4 not make any additional representations or warranties relating to such content; and
3.3.5 acknowledge and honour the copyright of the Proprietor in respect of any such downloaded information.
3.4 Content from the Body20 web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Body20.
3.5 Users may only access and use the Body20 web site for legal purposes.
3.6 The caching of the Body20 web site shall only be allowed if:
3.6.1 purpose of the caching is to make the onward transmission of the content from the Body20 web site more efficient;
3.6.2 the cached content is not modified in any manner whatsoever;
3.6.3 the cached content is updated at least every 12 (twelve) hours; and
3.6.4 the cached content is removed or updated when so required by Body20.
3.7 If any User uses content from the Body20 web site in breach of the provisions detailed herein:
3.7.1 Body20 reserves the right to claim damages from the User;
3.7.2 Body20 reserves the right to institute criminal proceedings against the User; and
3.7.3 Body20 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.
3.8 Hyperlinks to the Body20 web site from any other source shall be directed at the home page of the Body20 web site. Body20 shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Body20 web site, if such content was accessed through a hyperlink not directed at the home page of the Body20 web site. Persons that wish to link to content beyond the home page of the Body20 web site shall do so at their own risk and indemnify Body20 against any loss, liability or damage that may result from the use of content from the Body20 web site, if such content was accessed through a hyperlink not directed at the home page of the Body20 web site. Body20 non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
3.9 Users may quote small and reasonable amounts of content available from the Body20 web site only if such quote is placed in inverted commas and acknowledged.
3.10 No person may frame the Body20 web site, in any manner whatsoever, without the prior written consent of Body20.
3.11 Apart from bona-fide search engine operators and use of the search facility provided on the Body20 web site 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 Body20 web site for any purposes, without the prior written consent of Body20.
3.12 All access to the website granted in terms hereof is provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Body20 at any time without giving reasons therefore.
3.13 Body20 will not permit any inappropriate, damaging or defamatory comments to be posted on its web site, and reserves the sole and exclusive right to remove any content which it deems inappropriate, damaging or defamatory on its web site.
4. INTELLECTUAL PROPERTY RIGHTS & DOMAIN NAME USE
4.1 All intellectual property on the Body20 web site, including but not limited to content, trademarks, domain names, design elements, application software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Body20 and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 3, all other rights to intellectual property on the Body20 web site are expressly reserved.
4.2 The various Body20 logos used on the website are registered trademarks and Users agree not to use any of the trademarks 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 Body20 at the cost of the User.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the Body20 web site 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 Body20 has the duty to disclose the following information:
5.1 The full name and legal status of the web site owner: Body20 Global (Pty) Ltd;
5.2 Street address: 5 High Street, 4th Floor, Corner of Door de Kraal & Durban Road, Rosenpark, Bellville, 7530;
5.3 Postal address: 5 High Street, 4th Floor, Corner of Door de Kraal & Durban Road, Rosenpark, Bellville, 7530;
5.4 Physical address for receipt of legal service: 5 High Street, 4th Floor, Corner of Door de Kraal & Durban Road, Rosenpark, Bellville, 7530;
5.5 Main business: The main business of Body20 is detailed at www.body20.co.za;
5.6 The web site address of the Body20 web site is: http://www.body20.co.za;
5.7 The official e-mail address of the Body20 web site is: firstname.lastname@example.org;
5.8 Membership of self-regulatory or accreditation bodies: FASA;
5.9 Codes of conduct to which the Body20 web site subscribes: FASA;
5.10 The Manual is published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the Body20 web site may be viewed on the Body20 site;
5.11 Management: The management profile of Body20 is available from email@example.com;
5.12 The costs associated with the Body20 Membership and Vouchers are available from firstname.lastname@example.org;
5.13 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.13.1 access to the Body20 web site;
5.13.2 the inability to access the Body20 web site;
5.13.3 the Body20 Membership and/or Vouchers; or
5.13.4 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 Johannesburg 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 web site: http://www.arbitration.co.za;
5.14 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 web site; and
5.15 Users may lodge complaints concerning the Body20 web site with Body20:
Telephone: 087 231 0359, or
6. CHANGES AND AMENDMENTS
Body20 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 Body20 web site;
6.3 discontinue any aspect of the Body20 web site or service(s) available from the Body20 web site; and/or
6.4 change the software and hardware required to access and use the Body20 web site.
7.1 Body20 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 Body20 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 banking details.
7.3 Body20 collects, stores and uses the abovementioned information for the following purposes:
7.3.1 to transact with the User, as a Member or voucher Holder;
7.3.2 to communicate requested and/or relevant information to the User; and
7.3.3 to compile non-personal statistical information about browsing habits, click-patterns and access to the Body20 web site.
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 Body20 may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 Body20 shall not disclose any User’s personal information to any third party unless the User consents thereto;
7.5.2 Body20 may use/disclose information without the User’s consent only in the event of due legal process; and
7.5.3. Body20 may compile, use and share any personal information that does not relate to any specific individual ie where such information shall have been de-identified.
7.6 Body20 owns and retains all rights to non-personal statistical information collected and compiled by Body20.
7.7 Google Adwords - in accordance with Google’s recent compulsory policies, please be informed that:
7.7.1 Body20 may be tracking your cookies. By visiting this site, you agree that Google AdWords remarketing and or other advertisements may follow you as you visit other web sites that form part of Google’s Display Network (GDN);
7.7.2 Body20 shall not utilise and/or share with any third party any personally identifiable information as obtained through the Google AdWords remarketing campaign in any other related marketing endeavours – online or otherwise;
7.7.3 Body20 shall not use any of the User’s sensitive information in any remarketing tags. Body20 shall duly endeavour to adhere to all of the current in-effect policies of Google related to remarketing or any other form of Google advertising in all of its Google AdWords marketing campaigns, and in any instance of possible non-conformity to such, Body20 shall endeavour to rectify such non-conformity promptly;
7.7.4 The User may opt out of seeing advertisements for web the site, by simply clicking here: - http://www.google.com/policies/technologies/ads/;
7.7.5 Body20 has implemented certain Google Analytics features for the primary purpose of attempting to ascertain the success of our online marketing endeavours via the Google AdWords platform.
8. HYPERLINKS TO THIRD PARTY SITES
8.1. Body20 may provide hyperlinks to web sites not controlled by Body20 (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
8.2. Body20 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 Body20 shall take all reasonable steps to secure the content of the Body20 web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Body20 does not make any warranties or representations that content shall be 100% safe and secure;
9.2. Body20 is under no legal duty to encrypt any content or communications from and to the Body20 web site and is also under no legal duty to provide digital authentication of any page on the Body20 web site;
9.3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Body20 web site or the server and computer network that support the Body20 web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Body20 web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Body20 harmless against any and all liability, damages and losses Body20 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 any of the security measures employed by Body20, which reserves the right to claim damages from 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 Body20 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, Body20 (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 Body20 web site;
10.1.2 access to web sites linked to the Body20 web site;
10.1.3 inability to access the Body20 web site;
10.1.4 inability to access web sites linked to the Body20 web site;
10.1.5 content available on the Body20 web site;
10.1.6 services available from the Body20 web site;
10.1.7 downloads and use of content from the Body20 web site;
10.1.8 any other reason not directly related to Body20 gross negligence.
10.2 The Body20 web site 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 Body20, that the content available from and through the Body20 web site 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 Body20 web site should not be regarded as professional advice or the official opinion of Body20 and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Body20 web site.
10.4 Body20 does not make any warranties or representation that content and services available from the Body20 web site will in all cases be true, correct or free from any errors. Body20 shall take all reasonable steps to ensure the quality and accuracy of content available from the Body20 web site.
10.5 Body20 does not make any warranties or representations that the Body20 web site shall be available at all times. Users acknowledge that the Body20 web site may be unavailable due to updates or other causes beyond the reasonable control of Body20, 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 Body20 web site to Body20 and Body20 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. Body20 strictly reserves all rights in this regard, including the right to remove and/or render such content unavailable.
12. INTERCEPTION OF COMMUNICATION
12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Body20’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Body20 web site, its staff and employees; and
12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the "writing" requirement as detailed in the ECT Act and the RIC Act.
Users undertake that they will refrain from soliciting or approaching any of Body20’s and any of its franchisee’s employees, agents, consultants, trainers, or any other person associated with the delivery of the EMS training, to provide any services related to those provided by Body20 or within any Body20 Studio outside of the operations of Body20 and those of its franchisees.
14. ENTIRE AGREEMENT & SEVERABILITY
14.1 These terms and conditions constitute the entire agreement between Body20 and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Body20 from the User.
14.2 Any failure by Body20 to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
14.3 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.
15. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and Body20 agree that:
15.1 the User shall be bound to these term and conditions and such agreement is concluded in Johannesburg (South Africa) at the time the User enters the Body20 web site for the first time or immediately upon the execution of a membership or Voucher Purchase Agreement;
15.2 data messages (as defined in the ECT Act) addressed by the User to Body20 shall only be deemed to have been received if and when responded to;
15.3 data messages (as defined in the ECT Act) addressed to the User by Body20 shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
15.4 data messages (as defined in the ECT Act) addressed by the User to Body20 shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
15.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Body20; and
15.6 the User agrees and warrants that data messages that are sent to Body20 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.
16. APPLICABLE & GOVERNING LAW
Subject to clause 5.13, the Body20 web site 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 Body20 web site, its content, services and these terms and conditions.
17. LEGAL COSTS
Body20 shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
In accordance with some of Google’s recent compulsory policies, we herewith inform you that we might be tracking your cookies as our web site / company is currently undertaking Google AdWords remarketing of any other Google AdWords feature that tracks such cookies. By visiting this site, you agree that certain of our Google AdWords remarketing and or other advertisements can follow you as you visit other web sites that forms part of Google’s Display Network (GDN).
Note that we shall under no circumstances be utilizing any personally identifiable information as obtained through our Google AdWords remarketing campaign in any other related marketing endeavours – online or otherwise. (Such restricted utilization of information includes the sharing of such with third parties.)
The Company shall under no circumstances be using any sensitive information of any nature on any of our remarketing tags. The Company shall duly endeavour to adhere to all of the current in-effect policies of Google related to remarketing or any other form of Google advertising in all of its Google AdWords marketing campaigns. (In instances of possible non-conformity to such, the Company shall endeavour to rectify such in a prompt manner.)
You may opt out of seeing advertisements for web site, by simply clicking here: - http://www.google.com/policies/technologies/ads/. We have implemented certain Google Analytics features for the primary purpose of attempting to ascertain the success of our online marketing endeavours via the Google AdWords platform.
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