Terms and Conditions

Please take a moment to read these terms and conditions (hereinafter “Terms”) to understand how they apply to your use of our website and any products or services that you may order online.

If you have any questions regarding this, contact us: info@bodygoals.co.za.

1. Website & online programme details

The BodyGoals website, online courses/programmes and guides at www.bodygoalsco.za are owned and operated by Health Window (Pty) Ltd (“Health Window” or “BodyGoals”), a company registered in the Republic of South Africa, which has its head office at First Floor, Building B, The Woods, 41 De Havilland Crescent, Persequor Techno Park, Pretoria, South Africa.

2. Terms and conditions apply

These Terms apply to your use of this website. By using this website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our website if you do not agree to be bound by these Terms.

3. Change in terms

We may periodically update or change the Terms of this website without giving you prior notice. You should check them regularly, as your continued use of our website means that you accept any updated or revised Terms.

4. Applicable law

This agreement is governed by the laws of the Republic of South Africa.

You agree that any dispute or claim arising out of your access to and use of the website will be settled by arbitration by way of the dispute resolution procedure of the Arbitration Foundation of Southern Africa in accordance with its Expedited Rules and directions, which shall all be binding on you and Health Window / BodyGoals.

5. Use of our website (and/or programme)

You are welcome to browse or use our website for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited.

You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain because of your use of our website and/or its contents contrary to these Terms.

We use cookies to identify the computer device with which you connect to our website. We reserve the right to restrict your use and access to our website or part thereof in the event of any unauthorized use.

We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.

Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.

6. Disclaimers

Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services.

You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services.

In the event that any clause contained in these Terms is invalid or unenforceable, then such clause shall not affect the validity or enforceability insofar as the remaining clauses of these Terms are concerned.

We shall not be regarded as having waived or be precluded from exercising any right under these Terms by reason merely that we have provided any indulgence to you or we fail to exercise or delay exercising any right we may have, whether the same right or any other right.

7. Accuracy

All reasonable steps are taken to ensure that the information on our website, social media channels and email marketing is accurate and up to date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current. Errors and omissions excepted.

Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values.

8. Your comments

We value your comments, ideas, suggestions and feedback. We will not compensate you in any way whatsoever for your comments. Once received, your comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your comments.

You warrant that your comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your comments and you shall remain accountable towards any third party regarding any harm caused by your comments.

9. Intellectual property

All rights, including copyright, trademark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us.

All data and information communicated to or from the website including its database also belongs solely to Health Window / BodyGoals. You agree to sign all documents as we may reasonably require to assign any rights that you may acquire in the content of our website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

10. Use of our logos, content and images

You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent.

Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors’ intellectual property rights.

11. Advertising

Advertising and other promotional material of third parties may appear on our website from time to time. We do not necessarily endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.

12. Privacy, password & security

As part of the registration process for any programme offered by BodyGoals you will be required to provide the following personal information:

  • Your name and contact information. BodyGoals will not disclose your name or contact information, except to staff of BodyGoals who have a need to know, without your prior permission.

You agree that the personal information you provide will be accurate and complete and that you will not register under the name of another person.

During your payment process, you will be prompted to create your own account/profile that may contain personal information about you. Within this form, you may be able to select the level of privacy regarding information that you may wish to share with others.

The website will also allow you to post messages and content to designated areas such as the Q&A Forum, and to upload files, images, documents, or other materials. By posting or uploading to the Website, you consent to the disclosure of the information. You understand and agree that information that you share on the Website through your account/profile or through posting or uploading is not information that is collected or shared by BodyGoals, but only by you. BodyGoals is not responsible for disclosure of personal information that you share through your account/profile or the website, and will not be liable for any loss or damage arising from such disclosure.

If you agree to participate in an evaluation of the Website or any programme, with your consent we will collect personal or health information from you, but this information will only be available to our research staff and will not be made available to any third party without your prior permission. Your privacy is important to us.

Refer to our privacy policy for full particulars.

13. Passwords

When you set up your own account/profile you will be required to create a password. We encourage you to use “strong” passwords (use a combination of upper and lower case letters, numbers and symbols) with your account. You will notify us immediately of any unauthorized use of your password at info@bodygoals.co.za.

14. Security

It is important to maintain the security of the Website. As a user of the Website you will not do any of the following:

  • Upload viruses or other malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Solicit another’s password or login information or access an account belonging to someone else;
  • Send or otherwise post unauthorized commercial communications (such as spam) on the website;
  • Collect other Website users’ content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers);
  • Do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack.

You are legally responsible for any and all activities which occur in respect of your account.

15. Indemnity

You hereby agree to indemnify and hold harmless BodyGoals (Health Window) or any of its employees, directors, shareholders or any professional engaged by BodyGoals from and against any loss, liability, damage or expense of whatever nature that you or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use or misuse of the Website or of any information or advice contained on the Website or provided by any professional or consultant employed by or associated with BodyGoals.

16. Termination

BodyGoals has the right to terminate your password and account immediately if you have violated any of the terms and conditions of this Agreement.

17. The BodyGoals Challenge 2022

TERMS AND CONDITIONS

The terms and conditions in respect of the BodyGoals Transformation Challenge (“Challenge”) should be read with the general BodyGoals terms and conditions. Where there are any discrepancies between those relating specifically to this Challenge and the general BodyGoals terms and conditions above, then the terms and conditions specific to this Challenge should take preference.

By entering the Challenge each entrant/participant, regardless of the outcome of the Challenge, agrees and provides her consent in so far as it is necessary, that all intellectual property and information (of a personal and private nature) generated or submitted during or after, and for the purpose of the Challenge (including but not limited to, the participant’s name, social media handle, body measurements, photos, videos, and all social media posts) may be used by BodyGoals (a brand owned by Health Window (Pty) Ltd) for the purposes of marketing, research, and advertising of the BodyGoals brand, its programmes, meal plans, nutrition guides, and/or any other health, fitness and/or wellness products or services belonging to or associated with the BodyGoals brand. The use by BodyGoals of any information and intellectual property shall be in
line with all applicable laws.

The participant further authorises BodyGoals to make use of images/photos, videos, stories, posts created or shared by the participant during its participation in the Challenge, in its further marketing and advertising material. This includes, but is in no way limited to, before & after photos posted on social media, sent to BodyGoals during, after and for the purpose of this Challenge via email or direct message, regardless of which participant transmitted such image, video, post, story, photo in respect of this Challenge.

For the avoidance of doubt, BodyGoals shall be entitled to make use of such images, photos, videos, and text relating to and done during, or
after, and for the purpose of the Challenge and the purpose of its use by BodyGoals during and after the duration of the Challenge shall in no way be limited to the Challenge.

The use of the information and intellectual property by BodyGoals shall in no way create any obligation in respect of payment for such use and shall not be interpreted to mean that any obligation whatsoever shall arise therefrom. 

Taking part in the Challenge is voluntary and each participant assumes all risks of injury, harm and/or loss of any kind that may arise from her participation, including the use of any advice, information, tips, programmes, or meal plans.

BodyGoals will not be held responsible or liable for any loss suffered and/or damage caused or arising from the participation, in any way, of the participant to this Challenge. This includes, but is in no way limited to, such information disclosed by the participant and/or BodyGoals for the purposes set out herein and those relating specifically to the Challenge and the BodyGoals brand.

All participants indemnify and hold harmless Health Window, all its affiliate companies, employees, directors, shareholders, associates, stakeholders, designees and any other persons for whom, in law, they may be liable and all other related parties against any harm and/or damage of any nature including, but not limited to, direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract or otherwise and whether the loss was actually foreseen or reasonably foreseeable), or sustained by the
participant competing in the Challenge.

Health Window (BodyGoals) its employees, designees, agents, affiliates, representatives and/or suppliers shall not be liable for any loss, damage (whether direct, indirect, or consequential), or expense of any nature whatsoever which may be suffered as a result of, or which may be attributable, directly or indirectly, to the participation of this Challenge.

Participants hereby indemnify and keep Health Window indemnified from and against any loss or damage suffered or liability incurred including, without limitation, in respect of any claim or demand by any third party by reason of any act or omission on the part of the participant, including her team member, or that of any family member, agent or representative acting on behalf of such person in connection with this Challenge.

RULES:

 By entering the BodyGoals Transformation Challenge (“Challenge”), each entrant/participant, regardless of the outcome of the Challenge, agrees to comply with the following rules which shall govern this Challenge. Should a participant fail to abide by the rules of the Challenge, such participant together with her team member, if applicable, shall be held liable in terms thereof.

Health Window will be the sole interpreter of the rules of the Challenge and may change such rules should it be in the best interest of the Challenge and where it is so required for the sake of fairness or by law or any agreement to which Health Window or BodyGoals is a party.

Any female over the age of 18 may enter this Challenge.

Only South African citizens who reside within the borders of the Republic of South Africa shall be eligible to win. [AMENDED RULE: AT LEAST ONE OF THE TEAM MEMBERS MUST BE A SOUTH AFRICAN CITIZEN, RESIDING WITHIN THE BORDERS OF THE REPUBLIC OF SOUTH AFRICA IN ORDER TO BE ELIGIBLE TO WIN.]

Any cash prize amount will only be paid to the winners of this Challenge (each team member, separately) if a bank confirmation letter is provided which reflects the name and surname of the person to whom the payment should be made. In the event that the bank account does not reflect the correct surname of the participant to whom the prize money is to be paid, then supporting documentation such as marriage certificate, or divorce order, etc shall be required.

The cash prize amount shall be apportioned and shall be paid directly into the bank account belonging to the team member, separately, and the products shall be delivered to the address chosen and provided by each individual team member, separately.

A selection panel will be compiled by BodyGoals that will select the winners of the Challenge. Many factors will be taken into consideration when selecting the winners, including, but not limited to, improvement in respect of toning, social media activity, marketability, and suitability in line with the brand’s values and future marketing campaigns.  

All decisions made by the selection panel regarding the Challenge, its participants and winners, including winners of spot prizes and the announcements made in respect hereof shall be final and binding.

Save for the F45 Membership prize, none of the prizes shall transferable and there will be no substitutions for any of the prizes in any way.

For the Cloud Nine boutique hotel accommodation prize sponsored by Deluxe Laser & Spa, travel expenses and those not specifically mentioned or provided for shall be for the winners’ own account. BodyGoals and those brands associated with this Challenge as well as those associated with the prizes of this Challenge shall not be held liable for reimbursements of moneys paid out of the participant’s own account.

All prizes are limited to that which is given to the winners and that which is specifically mentioned by BodyGoals.

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