INTERPRETATION
We or Our or Us refers to the Live Fit by Kay (Pty) Ltd (2015/443064/07);
You or Your refers to you, the customer or subscriber.
1. ACCEPTANCE OF TERMS
Thank you for visiting LiveFit by Kay (Pty) Ltd (“LiveFit”). These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the LiveFit website at www.livefitbykay.co.za (the “Site”) and any related mobile or software applications including but not limited to delivery of information via the Site whether existing now or in the future that link to the Terms (collectively, the “Services”).
2. GENERAL TERMS
The Site will be available to you in accordance with these Terms. Unless otherwise stated, we, or our licensors, own the intellectual property rights in the Site and the material on the Site. All these intellectual property rights are reserved. You may view, download and print pages from the Site for your own personal use, subject to the restrictions set out in these Terms.
You may not, without our prior written consent:
- re-publish, post or otherwise transmit material from the Site (including re-publication on another website or application);
- sell, rent or sub-license material from the Site;
- show any material from the Site in public;
- edit or otherwise modify any material on the Site, other than editing your own submissions to the Site;
- reproduce, duplicate or otherwise exploit material on the Site for a commercial purpose; or
- redistribute material from this Site, except for content specifically and expressly made available for redistribution,
provided that none of the above applies to material information and/or content submitted by you to the Site by way of submission of your personal information as defined in the Protection of Personal Information Act 4 of 2013 (“Personal Information”) or enquiries.
You may not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You may not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, worm, Trojan horses, keystroke logger, rootkit or other malicious or destructive computer software or code.
You may not misrepresent the source, identity, or content of information transmitted via the Site, including deleting copyright or other intellectual property rights.
We reserve the right to restrict access to areas of the Site, or the whole Site, at our discretion.
Though the Site is usually available, there will be times when the availability of the Site will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond our reasonable control, and you agree that we will not be liable for any inconvenience, loss or damage suffered as a result of such interruptions.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by us arising out of your use or misuse of the LiveFit Site, including, without limitation:
• a breach of these Terms by you or anyone using your account or computer or other device; and
• claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, rights of publicity and/or privacy, copyright infringement, trade mark infringement, other intellectual property infringement, passing off, or misleading or deceptive conduct; and
• violation of these Terms or violation of the rights of any other person.
3. MAILING LIST
By furnishing us with your e-mail address, when accessing or using the Platform, you will automatically be placed on our mailing list, and you consent to us e-mailing you at this address from time to time. If you wish to stop receiving such e-mails, you may “unsubscribe” by clicking on the relevant link in the e-mail sent to you.
4. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event shall the LiveFit Parties be liable to you for any damages resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services including mobile app, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the LiveFit parties are advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms or our privacy policy, (ix) your failure to keep your password or account details secure and confidential, (x) loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services. in no event shall the LiveFit parties be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever.
5. INTELLECTUAL PROPERTY
We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by LiveFit and that you shall not disclose such information without LiveFit’s prior written consent.
6. THIRD PARTY WEBSITES OR APPLICATIONS
The Site includes or may include hyperlinks to other websites or applications owned and operated by third parties. These links are not recommendations or endorsements. We have no control over the contents of third party websites or applications, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
7. PRIVACY POLICY
All information, including your Personal Information, gathered on the Site will not be used by us for anything other than that which is stated in these Terms.
When you visit the Site or send emails to us, you consent to receiving communications from us electronically in accordance with our privacy policy as set out in this clause.
In registering an account with us as a user on the Site , we may require you to provide us with personal information which includes but is not limited to –
1. your name and surname;
2. your email address;
3. your physical address;
4. your mobile number; and
5. your date of birth.
Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
We may disclose and/or retain your Personal Information:
- to the extent that we are required or permitted to do so by law;
- in connection with any legal proceedings or prospective legal proceedings;
- in order to establish, exercise or defend our legal rights (including but not limited to providing information to others for the purposes of fraud prevention and reducing credit risk);
- in the course of our business and commercial activities; and
- to protect the rights, property or personal safety of another LiveFit user, any member of the public, or any shareholder, director, employee, agent or representative of us.
8. CHANGES TO THE TERMS
LiveFit may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Site after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
9. COOKIE TRACKING
[The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site and understanding how visitors use the Site. Cookies can also help customise the Platform for visitors. Personal Information cannot be collected using cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information].
10. ENTIRE AGREEMENT
These Terms, as updated from time to time, constitute the entire agreement between you and us in relation to your subscription to the Service and your use of the Site, and supersede all other agreements made in respect of your subscription to the Service or use of the Site, unless such agreement is reduced to writing and signed by us and you.
11. LAW AND JURISDICTION
These Terms will be governed and construed in accordance with the laws of the Republic of South Africa, and any disputes between you and us relating to these Terms will be subject to the jurisdiction of the High Court of South Africa (South Gauteng High Court).