©Mokoena Fitness Ltd. All rights reserved and asserted.

Terms and Conditions  -  Privacy Policy

TERMS AND CONDITIONS

 

BACKGROUND:

 

This agreement applies as between you, the User of this Website and Mokoena Fitness Limited, the owner(s) of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

 

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a confirmation email to you indicating that your order has been accepted.

 

 

1. Definitions and Interpretation 

In this Agreement the following terms shall have the following meanings:  

 

 


 

2. Business Customers

These Terms and Conditions apply to business customers only. Your continued use of the Website is affirmation that you are a business customer.

 

 

3. Intellectual Property

  1. Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content and Paid Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Mokoena Fitness Limited, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

  2. Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Mokoena Fitness Limited.

  3. The purchase of Paid Content entitles the Purchaser to a non-exclusive non-transferable licence in perpetuity relating to the Intellectual Property subsisting therein. The Purchaser may not sub-license, transfer, disseminate or distribute Paid Content in any way to any third party without the prior written consent of Mokoena Fitness Limited.

 

 

4. Third Party Intellectual Property

  1. In some cases, certain Content and the Intellectual Property Rights subsisting therein, including but not limited to Copyright and Trademarks, belongs to other parties.  

  2. Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant party.

 

 

5. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

 

 

6. Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Mokoena Fitness Limited or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

 

 

7. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.fitmalion.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Mokoena Fitness Limited.  To find out more please contact us by email at [info@fitmalion.com].

 

 

8. Use of Communications Facilities

  1. When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

    1. You must not use obscene or vulgar language;

    2. You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

    3. You must not submit Content that is intended to promote or incite violence;

    4. It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

    5. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

    6. You must not impersonate other people, particularly employees and representatives of Mokoena Fitness Limited  or our affiliates; and

    7. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

  2. You acknowledge that Mokoena Fitness Limited reserves the right to monitor any and all communications made to us or using our System.

  3. You acknowledge that Mokoena Fitness Limited may retain copies of any and all communications made to us or using our System.

  4. You acknowledge that any information you send to us through our System or post on the forums, chat or similar may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

  5. Our Acceptable Use Policy is fully incorporated into these Terms and Conditions and by subscribing to Our Website you indicate that you have read and accept Our Acceptable Use Policy.

 

 

9. Accounts

  1. In order to procure Services on this Website and to use the forums, chat or similar facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase.  By continuing to use this Website you represent and warrant that: 

1. all information you submit is accurate and truthful; 

2. you have permission to submit Payment Information where permission may be required; and 

3. you will keep this information accurate and up-to-date. 

 

Your creation of an Account is further affirmation of your representation and warranty.

 

2. It is recommended that you do not share your Account details, particularly your username and password.  Mokoena Fitness Limited accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

 

3. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Mokoena Fitness Limited immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending.  Please be aware that orders or payments can only be cancelled up until provision of Services has commenced.  In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, Mokoena Fitness Limited accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information.

 

4. When choosing your username you are required to adhere to the terms set out above in Clause 8.  Any failure to do so could result in the suspension and/or deletion of your Account.

 

 

10. Subscriptions to Member’s Area

  1. Subscription Fees are at the discretion of Mokoena Fitness Limited and when payable shall be notified on Our Website. Subscription charges commence on the date that you activate your subscription.  Your credit / debit card will be billed on activation and yearly thereafter until you cancel your recurring subscription under sub-Clause 10.6.

  2. Your first payment will be at the price advertised on the Website.  Mokoena Fitness Limited  reserves the right to change Subscription Fees from time to time and any such changes may affect your subscription rate:

    1. increases in price will be reflected in your subscription on the date of the immediately subsequent renewal; and

    2. decreases in price will be reflected in your subscription on the date of the immediately subsequent renewal.

  3. No part of this Website constitutes a contractual offer capable of acceptance.  Your order for a subscription constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending to you a subscription confirmation email.  Only once We have sent you a subscription confirmation email will there be a binding contract between Mokoena Fitness Limited  and you.

  4. Subscription confirmations under sub-Clause 10.3 will be sent to you immediately upon your activation of a subscription and shall contain the following information:

    1. Confirmation of the subscription including full details of the main characteristics of the Service available through your subscription;

    2. Fully itemised pricing for your subscription including, where appropriate, taxes and any other additional charges;

    3. The applicable times and dates for your subscription (including the commencement date, expiry and/or renewal date);

  5. Provision of access to the Member’s Area shall commence immediately upon Our confirmation of your subscription.  

  6. You may cancel at any time after subscribing, subject to sub-Clause 10.7, no refunds can be provided and you will continue to have access to the Member’s Area for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.

  7. You must cancel your subscription at least 48 hours prior to the expiry of your current Subscription Period. If you do not cancel before this time you will be charged for the subsequent Subscription Period.

 

 

11. Termination and Cancellation

  1. Either Mokoena Fitness Limited or you may terminate your Account and (where relevant) your subscription.  If Mokoena Fitness Limited terminates your Account or subscription, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

  2. If Mokoena Fitness Limited terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

  3. If Mokoena Fitness Limited terminates your Account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee.  Such a refund will be calculated based upon the Subscription Fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.

  4. If Mokoena Fitness Limited terminates your Account or subscription, you will cease to have access to the System and the Member’s Area from the date of termination.

  5. If you terminate your Account or subscription, you will continue to have access to the System and the Member’s Area for the remainder of your Subscription Period as per sub-Clause 10.6.

  6. Mokoena Fitness Limited  reserve the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

  7. If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases and promptly informed of the cancellation.

  8. If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.

 

 

12. Payment

  1. Any and all monies are due for payment on completion of the order or on the dates, or intervals specified in that order as may be appropriate, unless alternative arrangements are agreed between the Purchaser and Mokoena Fitness Limited.

  2. Interest will be charged on a daily basis, commercial interest at 3% above the base rate of the Bank of England obtaining at the time.

 

 

13. Services, Pricing and Availability

  1. Whilst every effort has been made to ensure that all descriptions of Services available from Mokoena Fitness Limited correspond to the actual Services, Mokoena Fitness Limited is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.  

  2. Where appropriate, you may be required to select the required Services.

  3. Mokoena Fitness Limited does not represent or warrant that Services will be available. 

  4. All pricing information on the Website is correct at the time of going online.  Mokoena Fitness Limited reserves the right to change prices and alter or remove any special offers from time to time and as necessary.  

  5. In the event that prices are changed during the period between an order being placed for Services and Mokoena Fitness Limited processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.

 

 

14. Provision of Services

  1. Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

  2. Mokoena Fitness Limited shall use its best endeavours to provide the Services with reasonable skill and care.

  3. Provision of all Services shall be subject to the Terms and Conditions pertaining directly to those Services.

  4. In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake.  Mokoena Fitness Limited will ensure that any necessary corrections to the Services provided are made within 7 working days.

  5. Mokoena Fitness Limited reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 14.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

    1. Any use or enjoyment that you may have already derived from the Services;

    2. Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Mokoena Fitness Limited.

 

 

15. Privacy

  1. Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.  

 

 

16. Disclaimers

  1. Mokoena Fitness Limited makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

  2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

  3. No part of this Website is intended to constitute a contractual offer capable of acceptance.

  4. Whilst Mokoena Fitness Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

 

 

17. Changes to the Service and these Terms and Conditions

Mokoena Fitness Limited reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If Mokoena Fitness Limited is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

 

 

18. Availability of the Website

  1. The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

  2. Mokoena Fitness Limited  accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

 

19. Limitation of Liability

  1. To the maximum extent permitted by law, Mokoena Fitness Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

  2. Mokoena Fitness Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the cancellation of events.

  3. Nothing in these Terms and Conditions excludes or restricts Mokoena Fitness Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Mokoena Fitness Limited.

  4. Nothing in these Terms and Conditions excludes or restricts Mokoena Fitness Limited’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.

  5. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

 

 

20. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

 

21. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

 

22. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  A person who is not a party to this agreement will not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. The agreement created by these Terms and Conditions is between you and Mokoena Fitness Limited.

 

 

23. Communications

  1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [info@fitmalion.com].  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

  2. Mokoena Fitness Limited may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click on the ‘unsubscribe’ link in any email you receive from us.  

 

 

24. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Mokoena Fitness Limited shall be governed by and construed in accordance with the Law of England and Wales and Mokoena Fitness Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.