These Terms of Use are effective as of September 2023.
PLEASE READ THESE TERMS OF USE CAREFULLY.
Welcome to the LK FITNESS community!
These terms of use and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the “Terms of Use”) apply to your use of (and subscription to) the LK FITNESS website, LK FITNESS mobile application (“LK FITNESS APP”), articles, LK Fitness App Facebook closed group forum, online shop or one of our other products or services, all of which are part of LK FITNESS platform (the “Platform” or “website”).
These Terms of Use are entered into by and between you as a user (referred to as “User”, “you” or “your”) and Linda Kriel Pty Ltd and its affiliates (referred to as “LK FITNESS”, “we”, “us” or “our”), and supersede and replace any terms and conditions of services that you may have previously agreed with LK FITNESS in connection with the Platform.
Your access to and use of the Platform constitutes your agreement to be bound by these Terms of Use. The offering of the Platform to you is conditional on your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Platform.
For more details about LK FITNESS privacy practices, please refer to our Privacy Policy available on this Platform.
USER
Eligibility
By accessing or using the Platform, you confirm that you are of legal age in your country are not under 16 years old, and have full power, capacity and authority to agree to the Terms and conditions, and have not been previously suspended or removed from using the Platform.
User Account Creation
To use certain features of the Platform, you will need to create a user account (each, a “User Account”) by providing your first and last names, an email address, a password, your date of birth and other information that we may require from time to time. You will also be required to create a username for your User Account in order to access the forum hosted on the Platform. Please provide accurate and current information when creating your User Account.
LK FITNESS may, at its sole discretion:
(a) limit the number of User Accounts that you may create or maintain;
(b) stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or
(c) refuse to create a User Account for you.
Security
By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). LK FITNESS is not responsible for any loss or activity that results from the unauthorised use of your User Account due to your failure to secure your access credentials.
You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the LK FITNESS team in writing at info@lindakriel.co.za of any unauthorised use of your User Account or any other breaches of security.
Suspension and termination
LK FITNESS will have the right to suspend access to your User Account, or to terminate your User Account, at any time and for any reason (including where you are in breach of any of the provisions in this Term of Use), subject to Applicable Laws.
You acknowledge and agree that these Terms of Use continue to apply even after your User Account expires or is terminated, or where you have stopped using the Platform.
SUBSCRIPTION SERVICE
The LK FITNESS APP subscription can be obtained either from this Platform (website) or through your app store.
Subscription
Subscription to LK FITNESS APP through our Platform (website): You can choose to subscribe to the LK FITNESS APP though our Platform (website) on an annual basis, or for such other periods that LK FITNESS may offer from time to time, and the applicable fees are set forth on the LK FITNESS Platform shop.
Subscription to LK FITNESS APP through the app stores: if you subscribe to the app through the Google Play or App stores, you will follow the terms and conditions of your store.
Free trials
7 Day free trials for the LK FITNESS APP is only available if you subscribe to the app through your app store. If you subscribe through the Platform (website), we may however provide a free trial subscription on request, for a fixed period of time, as determined by LK FITNESS in its sole discretion. Unless otherwise stated by LK FITNESS in respect of specific promotions, free trials are only available to new LK FITNESS users, and LK FITNESS reserves the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees.
Payment details
You can pay the fees for your annual subscription on the LK FITNESS Platform (website) by credit card or EFT. Or through your account with the applicable app store if you purchase a subscription of the LK FITNESS APP (i.e. through in-app purchases).
Renewal of subscription
If you purchase the LK FITNESS APP subscription on our Platform (website), it will not be renewed automatically. You’ll have to purchase another yearly subscription though the shop on our website.
If you purchase the LK FITNESS APP subscription through your app store, your subscription will automatically renew unless you cancel in your app store, at least twenty-four (24) hours before the end of the current billing period. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.
Cancellation and refund of subscription fees
If you have subscribed to the LK FITNESS APP through an app store, the cancellation and refund of subscription fees will be governed by the applicable terms and conditions of that app store.
If you have subscribed to the LK FITNESS APP through our Platform (website), you may change your mind and receive a full refund of the amount you have paid for the subscription within seven (7) days starting from the day you subscribed to the through our website (the “Cooling-off Period”):
(a) if you sign up for a free trial in the app stores, you agree that the Cooling-off Period for the paid subscription that you are receiving the free trial in connection with ends seven days after you start the free trial – if you use the LK FITNESS APP during the free trial and don’t cancel the paid subscription before the free trial ends, you lose your right of withdrawal; and
(b) if you purchase a subscription on the Platform (website), you agree that the Cooling-off Period is available for seven (7) days after you have paid for the subscription, but the Cooling-off Period expires once you cancelled your paid subscription, and asked for a refund before the end of the Cooling-off period.
To exercise this right, please contact the LK FITNESS team at email address: info@lindakriel.co.za.
Following expiry of the Cooling-off Period, subscriptions are non-refundable and there is no right to refunds.
USE OF THE PLATFORM
By using the Platform, you confirm that you will not use the Platform for any of the following:
(a) Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which LK FITNESS or the User are bound in any jurisdiction applicable to the access and use of the Platform (“Applicable Laws”).
(b) Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.
(c) Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details.
(d) Fraud – any act that: (i) attempts to defraud LK FITNESS or any other person; or (ii) provides false, inaccurate or misleading information to LK FITNESS.
Contributed Content
(a) You are solely responsible for all content or materials that you submit or otherwise upload to or through the Platform or to us (including any information contributed by you in respect of any blog, forum or chatroom, and any comments, feedback or ideas that you send to LK FITNESS) (“Contributed Content”) and expressly agree not to submit or upload any Contributed Content which:
(i) advertises or promotes any services or brands (with respect to you or any third party);
(ii) contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal;
(iii) you know not to be true and honest, or which spreads false or misleading statements;
(iv) you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any party;
(v) impersonates any person or entity or otherwise associates, infers or misrepresents the User’s affiliation with a person or entity;
(vi) contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;
(vii) contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files;
(viii) constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute “spam”;
(ix) may expose LK FITNESS or other Users to any harm or liability of any kind; or
(x) is contrary to any Applicable Laws.
(b) LK FITNESS has the right, but not the obligation, to monitor all conduct and content submitted to or through the Platform, and may in its sole discretion: (i) refuse to publish, remove or disable access to Contributed Content that it considers breaches these Terms of Use; or (ii) suspend or discontinue your opportunity to submit, post or upload content to the Platform
(c) You acknowledge and agree that some of your Contributed Content might continue to be publicly available on the Platform after your User Account is closed or otherwise terminated, subject to your right to have your Contributed Content removed upon request in accordance with Applicable Laws.
(d) If you believe that any Contributed Content violates these Terms of Use or any Applicable Laws, including any copyright laws, you should report it to the LK FITNESS team at info@lindakriel.co.za
AVAILABILITY OF SERVICES, SECURITY
- LK FITNESS shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of LK FITNESS’s control. LK FITNESS will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
- You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.
- You acknowledge and agree that LK FITNESS shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.
- You must immediately notify the LK FITNESS team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.
INTELLECTUAL PROPERTY, USE LICENCE
LK FITNESS’s ownership of the Platform
All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, “Intellectual Property Rights”) in the Platform and the material published on and through it (except the Contributed Content) are owned by LK FITNESS, its licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.
User’s licence to use Platform.
You are not granted any right to use, and may not use, any of LK FITNESS’s Intellectual Property Rights other than as set out in these Terms of Use and subject to the following conditions:
(a) you are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from LK FITNESS.
(b) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platform; and
(c) you may not use any data mining, robots or similar data-gathering or extraction methods.
LK FITNESS reserves the right to monitor your use of the Platform and to alter or revoke your license or your access to the Platform at any time and for any reason. Your license shall terminate upon the expiry or termination of your User Account.
Contributed Content.
(a) By posting or otherwise providing Contributed Content, you grant LK FITNESS a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.
(b) You represent and warrant that you own and control all of the rights to the Contributed Content, and have the lawful right to post or otherwise provide such Contributed Content on and through the Platform and otherwise provide LK FITNESS with such Contributed Content.
THIRD PARTY SERVICES AND CONTENT
In using the Platform, you may view content provided by third-parties, including links to web pages and services of such parties (“Third Party Content”). Unless expressly stated otherwise, LK FITNESS does not control, endorse or adopt any Third Party Content and has no responsibility for Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.
Your dealings or correspondence with such third parties are solely between you and the third party. LK FITNESS is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.
If you access the Platform through or using any services or software provided by third parties, you acknowledge and agree that LK FITNESS is not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services or software.
DISCLAIMER, INDEMNITY
Disclaimers
(a) To the maximum extent permitted under Applicable Laws, the Platform and any product, service or other item provided by or on behalf of LK FITNESS are provided on an “as is” and “as available” basis and LK FITNESS expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, LK FITNESS does not represent or warrant that the Platform is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.
(b) The features on the Platform that promote physical activity, nutrition or general wellness are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your diet or lifestyle, we suggest seeking advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on the Platform. To the maximum extent permitted under Applicable Laws, LK FITNESS is not responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the Platform.
Indemnification
To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand LK FITNESS and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with directly or indirectly:
(a) your use of, or conduct in connection with, the Platform;
(b) your breach of these Terms of Use or any other policy;
(c) the Contributed Content you provide; or
(d) your violation of any Applicable Laws or the rights of any other person or entity.
You will provide LK FITNESS and the Associated Parties with any assistance that LK FITNESS and the Associated Parties reasonably requests in defending any such action or proceeding.
CHANGES AND UPDATES TO PLATFORM, TERMS OF USE
LK FITNESS may terminate or modify any feature or part of the Platform at any time without notice. LK FITNESS may also revise and update these Terms of Use at any time in its sole discretion by posting an updated Terms of Use on the Platform. All such changes to the Terms of Use are effective immediately when posted to the Platform and apply to all access to and use of the Platform (including orders placed on the Platform) thereafter. Your continued use of the Platform following the posting of such revised Terms of Use constitutes your acceptance and agreement to the changes which are binding on you.
COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION
If you have any questions, feedback or complaints, please contact the LK FITNESS team at the following email address: info@lindakriel.co.za.
These Terms of Use (including a dispute relating to its existence, validity or termination) and any non-contractual obligation or other matter arising out of or in connection with it are governed by South African law. The courts of South Africa have exclusive jurisdiction to settle any dispute arising from or connected with these Terms of Use.
GENERAL
FORCE MAJEURE EVENT
A “Force Majeure Event” means any event beyond LK FITNESS’s reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
If a Force Majeure Event occurs that affects LK FITNESS’s ability to perform its obligations under these Terms of Use, the LK FITNESS team will contact you as soon as reasonably possible to notify you and LK FITNESS’s obligations under these Terms of Use will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.
Data Privacy
We will only use your personal information as set out in LK FITNESS’s Privacy Policy (as amended from time to time). Link to privacy policy
Transfers
LK FITNESS may transfer its rights and obligations under these Terms of Use to another entity, but this will not affect your rights or LK FITNESS’s obligations under these Terms of Use. You may not transfer your rights and obligations under these Terms of Use to another person.
Validity
If any provision of these Terms of Use is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
Waiver
No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
Relationship of the parties
Nothing in the Terms of Use: (a) is intended to, nor shall create or be deemed to create, any partnership, joint venture, agency, consultancy or trusteeship, or (b) shall give rise to any fiduciary or equitable duties owed by LK FITNESS to you.
Third party rights
A person who is not a party to these Terms of Use has no right whether by applicable statute or otherwise to enforce any term of these Terms of Use.