WHAT’S IN THESE TERMS?
These terms tell you the rules for using our website thefitnesslobby.com (our site).
NATURE OF BUSINESS
The purpose of this site is to provide you with a social media management tool to enable you to schedule and release posts on social media platforms. It also provides analytics tools to help you assess and improve your social media content
RESTRICTED ACCESS
You must be at least [18] years old to use the site. The onus is on you to ensure that you meet and observe the imposed age restriction for the site. If you are a legal entity, the individual accepting these terms on your behalf represent and warrant that they have the necessary authority to bind you to these terms and references to you herein (and all your obligations hereunder) will refer to such legal entity and any individual using the site on the legal entity’s behalf.
PAYMENT
We will charge you a fee based on the plan and/or for additional services you may require.
Before we charge you, you will have an opportunity to review and accept the fees that we charge.
All fees are in US Dollars and are non-refundable
We reserve the right to review and increase our fees and will keep you informed of any changes
thereto.
BY USING OUR SITE YOU ACCEPT THESE TERMS
By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- Be accurate (where they state facts);
- Be genuinely held (where they state opinions) and comply with applicable law in the Republic of South Africa and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- Infringe any copyright, database right or trade mark of any other person
- Be likely to deceive any person
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
- Promote any illegal activity
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
- Be likely to harass, upset, embarrass, alarm or annoy any other person
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These terms of use refer to the following additional terms, which also apply to your use of our site:
- Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were last updated in June 2023
WE MAY MAKE CHANGES TO OUR SITE
We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes to our site.
WE MAY SUSPEND OR WITHDRAW OUR SITE
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via email
HOW YOU MAY USE MATERIAL ON OUR SITE
We are owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
DO NOT RELY ON INFORMATION ON THIS SITE
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
USER-GENERATED CONTENT IS NOT APPROVED BY US
This site may include information and materials uploaded by other users of the site which have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about information and materials uploaded by other users please email us
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable to you for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site
- use of or reliance on any content displayed on our site
- In particular, we will not be liable for
- loss of profits, sales, business, or revenue
- business interruption
- loss of anticipated savings
- loss of business opportunity, goodwill or reputation
- any indirect or consequential loss or damage.
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the Content Standards set out in these terms. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the Content Standards set out in these terms. You are solely responsible for securing and backing up your content. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD When you upload or post content to our site, you grant us the following rights to use that content: LICENCES GRANTED TO THE WEBSITE OWNER.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediatel
INTELLECTUAL PROPERTY
The trade marks, names, logos and marks (hereinafter collectively referred to as “trade marks”) displayed on our site are our registered and unregistered trade marks. Nothing contained on this site should be construed as granting any licence or right to use any trade mark without our prior written consent.
BREACH OF TERMS
If you are in breach of any of these terms, we reserve the right to discontinue all or any part of the site and to restrict or prohibit you access to it. You hereby agree to indemnify us against any cost, claims, losses and damages (including legal fees) incurred by or awarded against us as a result of your misuse of the site or your breach of these terms. Furthermore, if you pay for premium access or advertising space on our site and you breach any one of these terms, your account will be closed and any privileges that you may have will be forfeited.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
Please note that these terms of use, their subject matter and their formation, are governed by South African law. In the event of a dispute of these terms of use, you and we both agree that the courts of the Republic of South Africa will have exclusive jurisdiction.
DISPUTE RESOLUTION PROCESS
All complaints regarding this site will in the first instance be referred to the Website Administrator, who will have all the powers of an arbitrator. The Website Administrator will deal with your complaint within 7 (seven) days of receipt thereof and where necessary, call upon you to provide evidence. Sanctions available to the Website Administrator include the following: Suspending you or discontinuing your access to all or any part of the site; Referring the matter to the appropriate law enforcement agency, where the dispute is of a criminal or illegal nature; or Referring the matter to court if the dispute necessitates same.
TERMINATION OF TERMS OF USE
We shall be entitled to terminate these terms at our sole and absolute discretion and reserve the right to discontinue all or any part of the site and to restrict or prohibit you access to it at any time.