Terms of Use

  1. INTRODUCTION

Welcome to the Internet sites of Gymspo.com, and any other Internet sites including applications on which these terms of use are posted. Gymspo.com sites are collectively referred to herein as “Site,” Sites,” “we,” “us” or “our.” “You” refers to any user of any Site for any purpose whatsoever. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY SITE. By using any Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. The use of the Sites is conditioned upon your acceptance in full without modification. If you do not agree to these terms of use, you may not use the Sites. Before using the Sites, you agree that you have complied fully with Section 10 and have consulted with the applicable professionals before starting any fitness programme. We may change or modify these terms of use in the future as more fully described in Section 18 and you understand and acknowledge that each time you use any Site you accept any updated or modified terms. Be sure to return to this page periodically to review the most current terms. You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Sites and receipt of data, materials and information available at or through the Sites, the possibility of our use or display of your Solicited Submissions (as defined below in Section 3, entitled “SUBMISSIONS”) and the possibility of the publicity and promotion from our use or display of your Solicited Submissions. If you do not understand or do not agree to any statement in these terms of use, you understand that you have the right and responsibility to consult the appropriate legal professional and your acceptance of these terms of use indicates that you understand and accept what is written herein. We may suspend or terminate your account and your ability to use any Site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

  1. USE OF CONTENT

All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled “SUBMISSIONS”) (“Content”) contained on Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Sites or delete Content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content from any Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, except that where a Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, non-commercial home use only, provided that you

  • (a) keep intact all copyright and other proprietary notices,
  • (b) make no modifications to the Content, and
  • (c) do not use the Content in a manner that suggests an association with any of our products, services or brands.

Any business use, “re-mailing” or high-volume or automated use of any Site is prohibited. In the event that we offer downloads of software on a Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

  1. SUBMISSIONS

In these terms of use, we use the word “Submissions” to mean text, messages, ideas, concepts, pitches, suggestions, stories, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through a Site. You agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration). Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

  1. LICENCES AND REPRESENTATIONS

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on our Sites and third party web sites) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).

By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth below in Section 7 labelled “RULES OF CONDUCT”)) and other requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These terms of use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions. To the extent that we solicit Submissions through features or activities on or through Sites (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 6, labeled “PUBLIC FORUMS AND COMMUNICATION”)) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void.

You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

  1. ACCOUNTS

Some services on the Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at hello@gymspo.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Site.

  1. PUBLIC FORUMS AND COMMUNICATION

“Forum” means an area, site or feature offered as part of any Site that offers the opportunity for users to Distribute Submissions for viewing by one or more Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails). You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you Distribute on or through any Site under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty to monitor any Forum. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.

  1. RULES OF CONDUCT

The following Rules of Conduct apply to the Sites. By using the Sites, you agree that you will NOT use Sites in any manner that:

  • (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
  • (b) is bigoted, hateful, or racially or otherwise offensive;
  • (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or
  • (d) otherwise harms or can reasonably be expected to harm any person or entity;
  • (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, suicide, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  • (f) infringes or violates any right of a third party including:
    • (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights;
    • (2) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or
    • (3) any confidentiality obligation;
  • (g) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  • (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Sites;
  • (i) does not generally pertain to the designated topic or theme of the relevant Forum to which it is submitted;
  • (j) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or
  • (k) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet. We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
  1. COOPERATION; REMOVAL OF SUBMISSIONS

We reserve the right, but disclaim any obligation or responsibility, to

  • (a) refuse to post or communicate or remove any Submission from any Site that violates these terms of use (including the Rules of Conduct) and
  • (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either
    • (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or
    • (ii) help to enforce these terms of use (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including any Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
  1. CONTENT ACCESSIBLE VIA LINKS FROM SITES AND SEARCH RESULTS

You should be aware that when you are on a Site, there may be links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Site or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

  1. DISCLAIMERS

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO OUR SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

The Content is not intended to be a substitute for the services of trained professionals in any field, including, but not limited to, medical matters. We are not medical professionals Always consult and seek the advice of your physician with any questions you may have regarding your physical or mental health and wellness. If you think you may have a medical emergency, call your doctor or the relevant emergency services immediately. We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided within or through the Sites. Reliance on any information appearing on a Site is strictly at your own risk. Site content is intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or wellness condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Sites without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a doctor or other trained health care professional licensed in your state, country or other appropriate licensing jurisdiction. None of us, our affiliates nor any of the officers, directors, owners, employees, agents, representatives and assigns of each will be liable for any direct, indirect, consequential, special, exemplary or other losses or damages that may result including, but not limited to, economic loss, injury, illness or death. Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we do not endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. None of the provisions of these terms shall be deemed to constitute a partnership or agency between you and us and you shall have no authority to bind us in any form or manner whatsoever. We shall be entitled to cede, sign and delegate all and any of our rights and obligations in terms of these terms and conditions.

  1. TESTIMONIALS

Not all testimonials contained in or made available through the Sites have been prepared by us (including, but not limited to, information contained on message boards, in forums, text files, chats, etc.). As a result, we have not checked to determine whether or not a specific endorser’s experience is what an average or typical consumer may expect to achieve. Not all consumers may achieve the same results.

  1. PARENTAL PERMISSION

The sites are not directed to children under the age of 18, and we will not knowingly collect personally identifiable information from children under 18. Without parental permission, we collect only such limited information from children 17 and under necessary to allow us to obtain parental permission. For example, we may also ask a child to provide an email address of a parent so we can notify the parent and seek consent. We will not collect more detailed information from a child 17 and younger, such as a postal address or a telephone number, without the consent of a parent or guardian. You agree to abide by any such restrictions, and not to help anyone avoid such restrictions.

WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER’S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.

  1. PRIVACY POLICY

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy (below).

  1. INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

  1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR (R1’000.00) $100.00 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO SITES OR CHANGE THE SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  1. DIRECT DEBIT ORDER

You agree that:

  • (1) Payment will be directly and automatically debited from the account you used to first purchase your subscription at the beginning of each month. For the same amount as your monthly subscription.
  • (2) You will receive an emailed invoice for your monthly automatic debit order.
  • (3) Gymspo may immediately cancel your subscription should your automatic debit order fail to be processed.
  • (4)Gymspo may reprocess any automatic debit order which did not process.
  • (5)You will be required to pay any arrears on any and all failed automatic debit orders and you will be solely responsible for any and all fees charged to you by your bank for any failed automatic debit orders and any reprocessing of any failed debit order.
  • 6)You may cancel your subscription at any time and Gymspo will cancel your automatic debit orders.
  • (7)Gymspo will not be responsible for any non-cancelled automatic debit orders if you have not cancelled your subscription.

17 .DISPUTE RESOLUTION

Subject to the foregoing, you agree that:

  • (1) any and all disputes, claims, and causes of action arising out of or in connection with these terms of use, this or any other Sites shall be resolved individually, without resort to any form of class action, by binding arbitration to take place in Cape Town, Republic of South Africain accordance with the rules of theprovisions of the Arbitration Act, Act No 42 of 1965 and the rules of the Arbitration Foundation of Southern Africa (“AFSA”);
  • (2) any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to Gymspo.com for accessing the Site, but in no event attorneys’ fees; and
  • (3) under no circumstances will you be permitted to obtain awards for, and each Site user hereby waives all rights to claim punitive, incidental, or consequential damages, any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms of use, or the rights and obligations of users and us in connection with these terms of use, shall be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the Republic of South Africa. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions.

18. JURISDICTIONAL ISSUES

We control and operate the Site from our offices in the Republic of South Africa. We do not represent that Site content is appropriate or available for use in other locations. Persons who chose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

19. AMENDMENT

At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Sites covered by these terms of use. Any such amendment to these terms of use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Sites. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

20. WAIVER; TIME WITHIN WHICH CLAIMS MUST BE BROUGHT

No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word “including” is used illustratively, as if followed by the words “but not limited to.”

YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THIS OR ANY OTHER SITES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

21. CLAIMS OF COPYRIGHT INFRINGEMENT

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright pursuant to the copyright law of South Africa. The copyright law of South Africa governs copyright, the right to control the use and distribution of artistic and creative works It is embodied in the Copyright Act, 1978 and its various amendment acts, and administered by the Companies and Intellectual Property Commission in the Department of Trade and Industry. Notification must be submitted to the following Designated Agent: Jess Dickerson. Full Address of Designated Agent to Which Notification Should be Sent: Unit C8, Century Square, Heron Crescent, Century City, Cape Town, South Africa, 8001 (082) 707 2687, legal@gymspo.com To be effective, the notification must be in writing and include each of the following:

  • (a) a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We may give you notice that we have removed or disabled access to certain material by means of a general notice on any Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
    • (aa) your physical or electronic signature;
    • (bb) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
    • (cc) a statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    • (dd) your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a District Court for the judicial district in which your physical address is located, or if your physical address is outside of the South Africa, for any judicial district in which may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. PRIVACY POLICY

A. GYMSPO.COM

We are committed to protecting the privacy and security of the users of our Sites. This Privacy Policy will advise you about our guidelines concerning the use of your personal information, including, without limitation, the reasonable efforts we make to protect your personal information in accord with these guidelines, and about what choices you have concerning our use of such information. Please read this policy carefully. We may need to change this policy from time to time in order to address new issues and reflect changes on our Sites. We will post those changes here so that you will always know our policies regarding what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our Privacy Policy, please send an e-mail to hello@gymspo.com or contact us at: Unit C8, Century Square, Heron Crescent, Century City, Cape Town, South Africa, 8001.

I. SCOPE OF PRIVACY POLICY

This Privacy Policy applies to your use of all the sites and services owned or operated by Gymspo.com (collectively “we,” “us,” or “our”), including Gymspo.com, myhealthychef.co.za and any other site that we may own or operate currently or in the future (collectively, the “Site” or “Sites”). Unless we say otherwise, all references to the Sites in this policy include all such sites. This policy does not apply to your use of sites to which any of the Sites link. This policy covers only information collected on the Sites and does not cover any information collected offline by us.

II. PERSONAL IDENTIFICATION INFORMATION

We may request personal identification information from you (such as your name, street address, telephone number, credit card number, e-mail address, and/or any other identifier that permits the physical or online contacting of you) in connection with your use of, or participation in, membership registration for Gymspo.com, our contests, sweepstakes, promotions, games, surveys, forums, subscription registrations, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, visitors’ requests for free products or services, or additional information (including via e-mail to us), and in connection with other activities, services, features or resources we make available on any of our Sites. In all of these cases, we will collect personal identification information from you only if you voluntarily submit such information to us. Except as otherwise provided in this policy, we reasonably endeavor to ensure that we never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission (through opt-in or similar procedures) except as provided for herein or otherwise as permitted or required under law. Further, we may contact you based on the information you provide online whether in connection with your registration or in such places as the above described forums.

If you do provide us with personal information for any of these activities, we may use it to conduct the activity. We may also use cookie technology and Web beacons (discussed in detail below) to improve your experience of these activities, including to remember your preferences, customize the content and advertisements that you see or authenticate your access to your personal information. In addition, in the event that your personally identifiable information is requested as part of our surveys, polls or promotions, such personally identifiable information may be added to your registration information. We may also contact you to confirm your registration and communicate about your account status, as well as regarding changes to the Sites’ Terms of Use and this Privacy Policy. If you give us your permission, we may also use personal identification information for internal or external marketing and promotional purposes. On occasion, for example, we may send you e-mails to introduce a product or a service that we think might be of interest to the users of our Sites. For us to obtain your permission to send you this information, we will give you an opportunity to “opt-in” at the time our request for your personal information is made. If you do “opt-in,” you may choose to “opt-out” at any time, even after you have provided personal information, by following the procedures set forth below at the end of this Privacy Policy. Please note, however, that under certain circumstances, if you initially do not choose to “opt-in,” or if you later “opt-out,” you may not be eligible for certain benefits for which a name, e-mail address, telephone number or other personal identification information is needed. We have the following exceptions to these policies: We will release specific information about you or your account to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order.

We will also release specific information in special cases, such as if there is an attempted breach of the security of the Sites, or a physical or property threat to you or others. We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division, or other fundamental corporate change. We may provide access to your personally identifiable information to our contractors who are performing services for us in connection with our Sites or the services that you have requested. In addition, on occasion, we may collect personal identification information from you in connection with optional contests, special offers or promotions. We will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion.

Your participation in the contest, special offer or promotion constitutes your consent to such disclosure and use of such information. Further, the information you enter when making a purchase or pay any fee will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions. We may use a third party payment process and we will not be responsible or liable for any damages or losses resulting from your payment to such third party. You agree to accept the methods of payment available on the Sites and shall indemnify and hold us harmless from any and all losses or damages resulting from the payment to or from a third party. Please note that if you give out personal information online – for example, on one of our public forums such as a message board or chat room, folder or chat IM feature – that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post in these forums and have no control over how such third parties may use your information. You disclose such information at your own risk. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.

III. NON-PERSONAL IDENTIFICATION INFORMATION

We collect non-personal identification information through the use of, without limitation, the following types of methodology: “Cookie” technology: A “cookie” is an element of data that a website can send to your browser, which may then store it on your system. “IP address tracking”: An “IP address” is a number that is assigned to your computer when you are on the Internet. When you request pages from our Sites, our servers log your IP address. “Web beacons”: A “Web beacon,” or “clear gif,” is a small graphic image on a webpage or web-based document that a website can use to determine information about a user. Non-personal identification information might include the browser you use, the type of computer, technical information about your means of connection to our Sites such as the operating systems and the Internet service providers utilized, and other similar information. Our systems may also automatically gather information about the areas you visit and search terms you utilize on our Sites and about the links you may select from within our Sites to other areas of the World Wide Web or elsewhere online. We use such information for our business purposes, and, in particular, to administer the Sites, better manage advertising on the Sites, and, in the aggregate, to understand how our users as a group use the services, features and other resources provided on our Sites. This way we know which areas of our Sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our Sites.

We may share this aggregate statistical information with our partners, suppliers and other third parties, but we will not share any individual names, personal navigational or other personal information. For example, we may use a third-party advertising company to serve ads when you visit our Sites. We may share demographic and preference information with this company to allow them to display appropriate advertisements for you. We use a proprietary advertising server to display ads on our Sites. In addition, advertisers may elect to use third-party advertising companies to serve ads onto our Sites. Some of our advertisers may display ads on our Sites that may use cookie technology or Web beacons to

  • (i) identify non-personal information about our users (such as connection speed, browser and country of origin) and
  • (ii) track user behaviour within our Sites. Advertisers generally use such information to customize the display of ads within our Sites. We will not permit such advertisers to collect any personal information from our users within our Sites, however, you may choose to voluntarily provide the advertisers with your personal information. We do not have access to these cookies or any information that they may contain. Further, from time-to-time we may contract with a third party web analytics provider to help manage and optimize our Sites. We use this service to help us measure the effectiveness of our advertising and how visitors use our Sites. To do this, we use Web beacons and cookie technology on the Sites. The type of information we collect includes such information as the number of hits a webpage receives, type of browser used, and number of times a visitor makes a purchase from a particular promotion. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which products and services most interest our users, and what kinds of offers our users like to see. Although this third-party provider logs the information coming from our Sites on our behalf, we control how that data may and may not be used.

IV. LINKS TO OTHER SITES

Users will find advertising or other content on our Sites that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on those sites. In addition, those sites or services, including their content and links, may be constantly changing. Those sites and services may have their own privacy policies and customer service policies, or no policy (policies) at all. We encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information.

V. SECURITY POLICY

Protecting your privacy and your information is a top priority. We have taken reasonable measures to secure both your information and our physical premises. We exercise reasonable care in providing safe transmission of your information from your PC to our servers (unless sent by a means outside of our control, such as e-mail). However, we cannot guaranty that our measures will completely bar unauthorized access to your information, and by using the Sites you assume this risk.

VI. ACCESS TO/CORRECTION OF INFORMATION

If you would like to review any personal information we have retained about you in our database, please send us an e-mail request for this information at hello@gymspo.com. To help us address your request, please specify which information you wish to review. Once you have reviewed this information, at your request we will correct personal information about you that you state is erroneous. To request such a correction, please send an e-mail to hello@gymspo.com. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers although we will always make reasonable efforts to do so upon your request. Please also understand that due to the volume of traffic on the Sites and correspondence received, we cannot make any representations about the timeliness of the making of such modifications. In addition, we are unable to modify your information in the records of any third party who has been provided with your information in accordance with this policy.

VII. CHOICE/OPT-OUT

If you “opt-in” to receive information from us, you can change your mind later. If you do not want to receive e-mail or other mail from us, please be sure to opt out of these features. All of these communications provide the ability for you to opt out of future communications through an ‘unsubscribe’ link at the bottom of the communication. If you sign up to enter a sweepstakes or contest, you are opted in to receive email communications. When submitting your information for these purposes, you will see the following message: “By submitting your email you are agreeing to receive promotional emails from Gymspo.com. You may opt out at any time.” We do not sell your email or other contact information to third parties. Even if you opt out of receiving notices regarding these terms of use and other legal notices from us, such as this Privacy Notice, those notices will still govern your use of Gymspo.com and orders placed with Gymspo.com, and it is your responsibility to review them for changes. You should be aware that it is not always possible to completely remove or modify information in our databases and servers, although we will always make reasonable efforts to do so upon your request, and we are unable to have your information removed from the records of any third party who has been provided with your information in accordance with this policy.

VIII. CONSENT TO TRANSFER

The Sites are operated in the Republic of South Africa. If you are located elsewhere outside of the Republic of South Africa, please be aware that any information you provide to us will be transferred to the Republic of South Africa. By using our Website, participating in any of our services and/or providing us with your information, you consent to this transfer.

IX. YOUR ACCEPTANCE OF THESE TERMS

By using any of the Sites, you signify your acceptance of our Privacy Policy, your promise to comply with the representations you make and contained in the Privacy Policy and Terms of Use, and your understanding of the scope and limitations of the protections provided under the Privacy Policy and Terms of Use. If you do not agree to these policies, please do not use our Sites. Your continued use of the Sites following the posting of changes to our Terms of Use or Privacy Policy will mean that you accept those changes.

X. ELECTRONIC SIGNATURES AND CONTRACTS; SUFFICIENT LEGAL AGE

Your use of the Application includes the ability to enter into agreements electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THIS AGREEMENT. YOU REPRESENT THAT YOU ARE OF A SUFFICIENT LEGAL AGE NECESSARY TO LEGALLY ENTER INTO AND BE BOUND BY LEGAL AGREEMENTS FORMED THROUGH THE APPLICATION. IF YOU ARE UNDER THE AGE OF 18, USE OF THE APPLICATION SHOULD ONLY OCCUR WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

XI. CONTACTING US

If you have any questions about these terms of use, Privacy Policy, iPhone EULA, the practices of our sites, or your dealings with our sites, you may contact:

  • Jess Dickerson
  • Phone: +27 082 707 2687

Email: hello@gymspo.com