I, THE MEMBER, HEREBY CONFIRM THAT I AM PHYSICALLY AND MEDICALLY FIT TO PROCEED WITH THE EMS (ELECTRO MUSCLE STIMULATION) EXERCISE AND THE TRAINING ROUTINE. I ACKNOWLEDGE AND ACCEPT THAT I WILL CONDUCT THE EMS TRAINING ENTIRELY AT MY OWN RISK AND HEREBY INDEMNIFY AND HOLD COMPLETELY HARMLESS AND BLAMELESS BODY20 GLOBAL (PTY) LTD, TOGETHER WITH ALL OF ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, FRANCHISEES, TRAINERS, AND ANY OTHER PERSON INVOLVED IN MY EMS TRAINING, AGAINST ANY CLAIM, LIABILITY, DAMAGES OR ANY OTHER LOSS WHATSOEVER RESULTING FROM OR RELATED TO MY EMS TRAINING, WHETHER DIRECTLY OR INDIRECTLY. THIS INDEMNITY EXTENDS TO WAIVING ANY CLAIM OF WHATSOEVER NATURE ARISING PURELY FROM MY PRESENCE AT A BODY20 PREMISES. THIS INDEMNITY SHALL BE BINDING ON MY ESTATE, EXECUTOR, HEIRS, ADMINISTRATOR, PARENTS OR GUARDIANS.
Specific Terms & Conditions
1. VALUE ADDED TAX (VAT) - All Membership fees included in this Agreement are quoted inclusive of VAT and subject to change as regulated by the South African Revenue Services.
2. EMS SESSIONS – 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 or choose to book their EMS sessions via the booking app, at the Member’s Body20 Studio. In the event that the Member is unable to attend a pre-booked training session and the 12/6 hour notice rule has been adhered to, the Member shall be entitled to catch this session up, subject to availability and at the Body20 Studio’s discretion, and as long as the membership is active and all payments are up to date.
3. 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
4. 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 the Member to notify their Body20 Studio should they not be able to attend their booked session, in order to qualify for a catch-up session credit, as detailed above.
Body20 and each of its Franchisee operated Studios may implement general terms and conditions, privacy policies and codes of conduct, which may be amended from time-to-time. The Member is referred to the Body20 Global website (body20.co.za) for the details thereof, and is hereby advised that the provisions thereof are specifically included in the Membership Agreement, as may be applicable, as if incorporated herein.
6. MEMBERSHIP AGREEMENT CANCELLATION - By entering into the Membership Agreement, the Member acknowledges and agrees to abide by the terms of the Agreement, and that should the Member elect to prematurely cancel the agreement for any reason whatsoever, then Body20 shall be entitled to a reasonable cancellation penalty in respect of the services to be provided in contemplation of the agreement enduring for its intended term, as set out below:
6.1 12 and 24 Month Contracts – the Member may cancel a 12 or 24 month contract Membership Agreement by giving one (1) months written notice, to be delivered by the Member to their Body20 Studio by email. SMS/WhatsApp messages shall not be considered 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.
6.2 On completion of the initial contractual period, a Member may cancel a Membership agreement by giving one (1) months written notice, to be delivered by the Member to their Body20 Studio by email, where no cancellation fee is applicable.
6.3 No Minimum Term Contracts - the Member may cancel a no minimum term contract Membership Agreement by giving two (2) months written notice, to be delivered by the Member to their Body20 Studio by email. SMS/WhatsApp messages shall not be considered proper written notice. No cancellation fee is applicable.
6.4 Body20 may cancel the Membership Agreement by giving one (1) months 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. Should the Membership Agreement be cancelled by Body20, as detailed here, the membership will no longer be active.
6.5 Memberships are not transferable to other persons.
7. COOLING-OFF PERIOD - In the event that the Member concluded a Membership Agreement with Body20 in direct response to a Direct Marketing Campaign operated by Body20, which campaign was directed to the Member personally, by way of either mail or other electronic communication, notwithstanding the Member’s other rights to cancel any such Membership Agreement in terms of the provisions of the Consumer Protection Act 68, of 2008, the Member enjoys the right to cancel any agreement resulting from such direct marketing campaign within a 5 day cooling-off period, without reason or penalty, provided that the Member shall not have utilised his/her membership during the cooling-off period, in which case the Member shall be entitled to cancel the agreement in accord with the provisions of clause 6 above.
8. MEMBERSHIP FREEZING – The Member may freeze their Membership for a minimum of 1 month up to a maximum of 3 months in a 12-month cycle for medical reasons only, by providing a medical certificate from a registered medical practitioner, and provided the member is not in arrears. The minimum contract period, where applicable, will be extended by the number of months the membership is frozen.
9. MEMBERSHIP AGREEMENT EXPIRY, RENEWAL & FEE ADJUSTMENTS – 12 and 24 month contracts: upon the expiry of the Membership Agreement, unless the Member shall have notified Body20 no less than one (1) month before its expiry date, the Membership Agreement shall automatically continue on a month-to-month basis, on any amended terms and conditions, including membership fee increases as have been applied during the minimum contract period, until the Member either:
9.1 cancels the Membership Agreement by giving one (1) month written notice, it being specifically recorded that no cancellation fee (as set out in clause 6 above) shall be applicable in these circumstances, or
9.2 enters into a new Membership Agreement with Body20 on the prevailing terms and conditions thereof.
No Minimum Term contracts: membership fees will increase on an annual basis, on the 1st of January, at a rate that is linked to CPI and commercial requirements, at the sole discretion of Body20.
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.
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.
10. PAYMENT METHODS – The following payment methods are applicable:
10.1 Joining Fee: the joining fee is payable by the member on commencement of this agreement and is collected from the member, by the Studio, by card or EFT payment. The joining fee is not refundable and includes a training garment. If the membership is cancelled for any reason and subsequently the member wishes to rejoin, the applicable joining fee will apply again, at that time.
10.2 Membership Agreements: the Member agrees:
10.2.1 to pay via debit order for all monthly Membership fees due;
10.2.2 that debit orders are run by the Body20 Global Accounts Department on either:
10.2.2.1 the 25th day of each month, in advance for the upcoming month, or
10.2.2.2 on the 1st day of the current month.
10.2.3 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 clause 6 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.
POPI – AC TO LAYOUT IN A POPI ‘COMPLIANT’ STRUCTURE – ADD IN THE 3RD PARTY USAGE.
HLULI – FINANCIAL INFORMATION REGULATIONS –
PERSONAL INFORMATION – Body 20 understands that the Member wishes the personal information provided herein to remain confidential, and Body20 undertakes to take all reasonable and necessary steps to protect the personal information. The Member understands that such measures may not be successful in protecting the information completely, and to the extent that there is any breach of Body20’s security measures, the Member shall have no claim against Body20 in respect thereof, irrespective of the nature or circumstances of the breach. Body20 will not sell or share the personal information with any third party, but may utilise the personal information in order to manage your Membership, as well as to provide you with further information or news on the products, services, special promotions and the like (“promotional communication”) offered by Body20 from time-to-time. Should you not wish to receive any such promotional communication from either Body20 or one of its Franchisees, please send Body20 an email advising them accordingly, and Body20 shall remove you from any such promotional distribution lists, but shall remain in contact with you in respect of your Membership.
Body20 Studio Code of Conduct
BODY20 STUDIO RULES
The Body20 Studio rules and regulations are applicable to all members, guests and visitors, to ensure the enjoyment, safety and well-being of everyone.
Please always carry a sweat towel.
CHECKING YOUR HEALTH STATUS
- Before you start exercising confirm with your healthcare provider if you have any health risks.
- All members must ensure they complete a Fitness profile and Indemnity form when arriving for a demo.
- Should your health status change it is your responsibility to inform us.
LOCKERS / PERSONAL BELONGINGS
- Lockers are provided to store your clothing, bags and gym gear.
- We do not accept responsibility for any loss or theft of money or loss or damage to personal property of members whether locked in a locker or otherwise.
- Any belongings removed from lockers/left unattended and handed to reception, will be available at lost property at your Studio for 30 days.
- If you do not collect it within this time, we will donate it to charity.
BEHAVIOUR IN OUR STUDIOS
- Access is prohibited whilst under the influence of alcohol, illegal drugs or performance enhancing drugs. You will be asked to leave the Studio, or in extreme cases your membership will be cancelled.
- Our Studios operate on an appointment basis, please arrive before your scheduled appointment.
- You may not use foul, loud, or abusive language.
- You may not physically/sexually/verbally abuse or harass other members, guests, visitors or any Body20 staff member.
- You will be liable for any damage caused by you. Please refrain from unstrapping yourself or adjusting the settings on the EMS device.
- An EMS training garment must be worn during all Body20 sessions.
- If you do not comply, we can, at our own discretion, deny access, cancel memberships or ask you to leave the Studio.
- Respect the privacy and the rights of your fellow members when taking photos or video footage of yourself within the Studio, and do not take photos or videos of other members without their express and prior permission.
If you believe that anyone is not playing by the rules, please let one of our staff members know, they will handle the matter on your behalf.
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 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: email@example.com;
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 firstname.lastname@example.org;
5.12 The costs associated with the Body20 Membership and Vouchers are available from email@example.com;
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 Email: firstname.lastname@example.org
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.
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
Last updated: September 4, 2020
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Body20 Global (Pty) Ltd, Hampton Office Park, Aberdeen House, 20 Georgian Crescent, Bryanston, South Africa.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: South Africa
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to Body20, accessible from https://body20.co.za
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 16. We do not knowingly collect personally identifiable information from anyone under the age of 16. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 16 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
By visiting this page on our website: https://body20.co.za/privacy-policy
This website uses Google AdWords.
This website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site.
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. 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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