Terms & Conditions

Fit World (“us, we, our”) is an online personal training service which allows the customer (“I, you”) access to personal training, including lifestyle and general wellness coaching and online fitness classes, all of which will be presented by our team of qualified and registered personal trainers.   

Our services can be accessed via our mobile application which can be downloaded at:

Play Store: https://play.google.com/store/apps/details?id=com.trainerize.fitworldsa&gl=ZA

App Store:  https://apps.apple.com/sn/app/fit-world-sa/id1554887189

Information about our services and packages are also available at our website: www.fitworld.co.za       

Via our mobile application you will be able to:

  • Receive live specialized one-on-one training from a personal trainer of your choice.
  • Record your workouts and track your progress.
  • Message your personal trainer or engage in a live chat.
  • Access an extensive exercise and workout library.

Please note that the above services may be added to or amended from time to time. Please consult these terms and conditions for the latest list of available services.

SUBSCRIPTION

To access the services provided by Fit World, you will need to subscribe by following the instructions and prompts provided on the website to which you will be re-directed by the mobile application.

All subscription packages are offered on a month-to-month basis.

The subscription packages available as well as the prices payable per month for each subscription package are available on our website.

You will only be able to access the services for which you are subscribed. In addition, you will only be able to access the services which form part of the subscription package for which you are subscribed.

Your subscription will commence once you have completed the subscription process, made your first subscription fee payment and we have accepted your subscription.

We reserve the right, in our absolute and sole discretion to reject any offer made for any of our subscription packages.

When subscribing with Fit World you will be required:

  • to acknowledge that you have read and understood and that you agree to be bound by these terms and conditions, our privacy policy and any extra terms and conditions which apply to the package for which you are subscribing.
  • to acknowledge that you are over the age of 18 and that you have the capacity to enter into an agreement with us alternatively (if you are under the age of 18) that you are entering into the agreement with the specific consent of a parent or legal guardian.
  • to acknowledge that you have the authority of the card holder to use the credit card used to make payment, and that there are sufficient funds available to honour the payment.

Once you are subscribed you will receive login details. You are responsible for keeping your login details safe and must take reasonable steps to prevent them being shared or made public.

You will be responsible for all usage of your Fit World account and login details. You indemnify us for any loss or damage which you may suffer which result from the unauthorised use of your login details.

You are required to notify us immediately should you suspect that your login details have been lost or stolen.

These terms and conditions may change from time to time. As a subscriber we will notify you that the terms and conditions have changed. The changes will take effect from the date on which they are published. 

PAYMENT OF MONTHLY SUBSCRIPTION FEES

All subscription fees payable by you to us are payable monthly in advance. Insofar as is permitted by law, your monthly subscription fee is non-refundable.

Your subscription does not include any devices, internet, mobile data, or any other cost attached to you accessing your Fit World Account.  You or the owner of the device from which you access your Fit World Account are responsible for the payment of all such access charges.

If your monthly subscription fee is not paid then your account may be suspended immediately and without notice, and you will not be able to access any of the services offered by Fit World for as long as your account is suspended. Any amounts owing to us at the date of the suspension of your account will remain due and payable.

You are responsible for ensuring that there are sufficient funds in your account to pay the monthly subscription fee.

Payment will be made by way of a recurring credit card payment. By providing us with your payment details, you authorise us to debit your account and charge you the monthly subscription fee and/or any additional payment due to us at the rate prevailing from time to time.

In each month that you are subscribed to our service, your payment date will be the date on which you made payment of your first subscription fee.

You hereby give us your consent to authenticate your payment details.

Your card information will be processed by Paygate, who are compliant with the Payment Card Industry Data Security Standard. (https://www.paygate.co.za/pci-compliant/)

If your payment details change you must update them by logging into the Fit World website (

Subscription fees may increase from time to time. In the event of an increase, subscribers will receive at least 30 days’ notice of the increase. Notice will be given via push notification and/or email. Should you not wish to subscribe for the services at the increased price you must cancel your subscription by following the instructions and prompts at www.fitworld.co.za/cancel.

WARRANTIES AND UNDERTAKINGS

Your access to Fit World services is dependant on third parties including, but not limited to the bandwidth provided by your internet service provider. We make no warranties about your ability to access our services, or the quality of the services once accessed.

While we will make every effort to ensure that our services are continuously available, our ability to provide the service is dependent on third parties, and we make no warranties in this regard. You agree not to hold us liable for the service being off-line due to unforeseen circumstances which are not within our reasonable control.

Without limiting the above, we specifically make no warranties that the use of our services will yield any particular result or meet your requirements or expectations.

We also reserve the right to suspend our services to perform maintenance or in compliance with any law or court ruling. We will make every effort to notify you in advance of any such suspension and to make our services available again with the least possible disruption.

You undertake not to introduce or attempt to introduce any “viruses”, “trojan horses”, computer code, malware, or any other form of instruction designed to interfere with the operation of our website or mobile application.

You undertake not to collect or attempt to collect information from our website or mobile application, the collection of which would be a violation of legislation or of our privacy policy which forms part of these terms and conditions.

You consent to our use of any technology to monitor your use of the services and ensure compliance with these terms and conditions.

Our services may include links to or access to the software and products of third parties. Even though you may access these through our service you acknowledge that your use thereof is in terms of an agreement between you and the third party and that we are not a party to that agreement.

CANCELLATION

You may cancel your subscription with us at any time. You may do so by logging into your account and following the instructions and prompts provided on the website to process the cancellation. You may access the instructions at www.fitworld.co.za/cancel.

Any monthly subscription fees already collected in accordance with your payment instructions at date of cancellation will be non-refundable. You will however have access to your account and the services offered until your next payment date.

We may suspend and/or cancel your subscription at any time and without notice should you be in breach of any of the terms of this agreement or should we have reasonable grounds to suspect that you are engaged in any prohibited or unlawful act. In this instance, your right to access your account and make use of the services will end immediately with such suspension or cancellation. 

YOUR PHYSICAL CONDITION AND LIMITATION OF LIABILITY

You warrant that you are physically and medically fit to proceed with a normal exercise regime and you hereby indemnify and hold us harmless against any claim for damages, injury or death resulting from a breach of this clause.

You acknowledge that our personal trainers, while qualified, have no medical training. In case of any doubt regarding your physical fitness or your ability to do physical exercise, you should, and you agree to seek independent medical advice.

Without limiting any of the above, you make use of the website, mobile application and services offered by Fit World entirely at your own risk. You indemnify and hold harmless Fit World, its directors, employees, contractors, independent consultants or other subscribers for loss, damage, or injury (including death) suffered directly or indirectly by you or any third party and arising from or contributed to by any act or cause whatsoever, including but not limited to, negligence (save for wilful misconduct or gross negligence) and/or any omission by us and/or any breach of this agreement by us. The terms of this clause will continue to apply following the cancellation of the agreement as set out above.

PERSONAL INFORMATION

We are the party responsible for your personal information.

Your personal information is collected and processed, with your express consent, which is given by your agreeing to these terms and conditions.

Your personal information will only be used for the purpose of:

  • carrying out the actions necessary for the conclusion of or performance of your subscription.
  • conducting statistical surveys.
  • marketing the services and goods of Fit World (subject to your consent below).
  • controlling the quality of our services.
  • protecting your legitimate interests.

We undertake to process your information in accordance with the law. 

Your personal information will only be made available to authorised staff and operators, who act in terms of a written mandate, and who will process your information only for the purposes of performing the terms of your subscription and making the services available to you. You hereby consent to the sharing of that information.

We may also share limited personal information with the third parties via whom you subscribed to our service. These third parties act in terms of a written mandate and will process your information only for the purposes of performing the terms of this subscription or the terms of an agreement which you have entered directly with the said third party. You hereby consent to the sharing of that information.

You are providing us with your personal information voluntarily and you hereby grant your consent to receive direct marketing from us with services and products being offered.

You have the right to access your personal information, to change it, amend and control it, as well as to raise objections against us processing your personal information for marketing purposes or against us passing your information to other organizations.

You have the right to lodge a complaint with the Information Regulator.

You have the right to demand that we stop processing your personal information when it is no longer required for the performance of this agreement.

A request for access to your personal information must be accompanied by adequate proof of identity.

INFORMATION

  • FIT WORLD means K2020219410 (SOUTH AFRICA) (Pty) Ltd (2020/219410/07) trading as Fit World.
  • The address of the company [at which the service of notices and processes will be accepted] is 518, Boschenmeer Estate, Wemmershoek Road, Paarl, Western Cape, South Africa.
  • The contact telephone number for the company
  • The website address is www.fitworld.co.za and

the email address is mailroom@fitworld.co.za

  • Schalk James Burger Hugo (Director).
  • In accordance with the provisions of Section 44(1) of the Electronic Communications and Transactions Act (ECTA) you will be permitted to cancel your subscription at no charge within 7 days of subscribing.

 

 

GENERAL

 

These terms and conditions constitute the whole agreement between you and us. Neither you nor we will be bound by any term or condition not contained herein.

 

If we fail to enforce any term or exercise any right contained in these terms and conditions, that will not constitute a waiver of the said term or condition. 

If any provision of this Agreement is held to be invalid, illegal, contrary to public policy or
unenforceable the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired, and these terms and conditions will remain of full force and effect.

These terms and conditions will be governed by the laws of the Republic of South Africa.

 

ACCEPTANCE OF TERMS AND CONDITIONS

 By subscribing to Fit World, you are confirming that you have read, understood and
agreed to these Terms and Conditions.