Last updated: 01st February 2023
1.1. All reference to "FitVault" in these terms and conditions are deemed to refer to FitVault (Pty) Ltd, Registration No. 2017/426386/07, a private company registered in term of the laws of the Republic of South Africa.
1.2. All references to "you" and "your" are deemed to refer to any user and/or visitor of www.FitVault.co.za ("the Platform").
1.3. "Platform" means the FitVault platform located at www.FitVault.co.za, including our mobile application and similar online and/or digital applications.
You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are 18 years of age or older and that you have the right, authority, and capacity to enter into and comply with these Terms. If you are under 18, you may use the Platform only with the involvement of your parent or legal guardian.
3. Use of Services
The Services are intended for personal use only. You may not use the Services for commercial purposes or in any way that is unlawful or harms FitVault or its affiliates, or any other person or entity, including but not limited to the distribution of material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. You may use the Services only as permitted by law.
4.1. You may use elements of the Platform by simply visiting the FitVault website, but access to most of the Platform is available only to registered users.
4.2. You agree that you will provide truthful and accurate information when registering to use the Platform. The decision to accept a registration is in FitVault's discretion and FitVault may revoke a registration at any time.
4.3. You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Platform by you or any person or entity using your password, whether or not such access or use has been authorised by you.
4.4. You must immediately notify FitVault of any unauthorised use of your password or account or any other breach of security. FitVault will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms and Conditions.
5. User Content
The Services may allow you to submit, upload, publish, or otherwise make available content, including but not limited to text, photographs, and videos (collectively, "User Content"). You retain all rights in and to your User Content. By making any User Content available through the Services, you grant to FitVault a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit such User Content in connection with the Services and FitVault's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
6. User Conduct
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to FitVault's servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services; (iv) taking any action that imposes, or may impose at FitVault's discretion an unreasonable or disproportionately large load on FitVault's infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Services; (vi) collecting or harvesting any personally identifiable information, including account names, from the Services; (vii) using the Services for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Services; (x) accessing any content on the Services through any technology or means other than those provided or authorized by the Services.
7. Intellectual Property
7.1. The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by FitVault, its licensors, or other providers of such material and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms do not grant you any rights to use FitVault's trademarks, logos, domain names, or other distinctive brand features.
7.2. No licence to or right in any of such Services or contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited.
8. Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis. FitVault makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included on the Services. You expressly agree that your use of the Services is at your sole risk. FitVault does not warrant that the Services will be uninterrupted or error-free, and FitVault will not be liable for any interruptions or errors. FitVault also makes no representations or warranties that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and FitVault disclaims any liability relating thereto.
9. Limitation of Liability
To the fullest extent permitted by law, in no event will FitVault, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, any websites linked to it, any content on the Services or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
You agree to indemnify, defend, and hold harmless FitVault, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including User Content submitted by you, or your violation of any rights of another.
11. Linked Third Party Websites
11.1 The Platform may contain links or references to other websites ("Third Party Websites") outside of FitVault's control. These Terms and Conditions do not apply to those Third Party Websites and FitVault is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
11.2. Notwithstanding the fact that the Platform may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and FitVault is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained therein.
12. Governing Law and Jurisdiction
These Terms and your use of the Services are governed under the laws of South Africa. Any disputes arising from or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the High Court of Cape Town, South Africa.
13. Changes to the Terms
FitVault reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, FitVault will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at FitVault's sole discretion.
14.1. Filvault hereby selects the email address cited in clause 19 below as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions ("domicilium").
14.2. You hereby select the addresses, including email addresses specified in your respective registration details as your domicilium.
14.3. All notices sent will be deemed to have been on the day immediately subsequent to the date of delivery thereof.
FitVault may terminate or suspend all or a portion of the Services, or your use of all or a portion of the Services, at any time, with or without notice and with or without cause.
16. Entire Agreement
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FitVault without restriction.
18. Waiver and Severability
The failure of FitVault to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.
19. Contact Information
If you have any questions about these Terms or the Services, please contact FitVault at legal@FitVault.net
These Terms were last updated on 01 February 2023