WEBSITE TERMS AND CONDITIONS

 

Zenzele Fitness South Africa

These terms and conditions are binding and enforceable against all persons that access the Zenzele Fitness South Africa web site or any part thereof (“the Zenzele Fitness web site”) in terms of section 11(3) of the E​​lectronic Communications and Transactions Act 25 of 2002 (“the ECT Act”).

By use of this website and the transmission of your personal information herein, you agree to the use of If you do not agree to these terms and conditions you must leave the Zenzele Fitness web site now, as further use will automatically bind you to these terms and conditions.

A copy of the ECT Act may be downloaded from http://www.polity.org.zaunder the heading “Legislation and Policy”.

 

Definitions and interpretation:
a. “Zenzele Fitness” means Zenzele Fitness South Africa.
b. “Zenzele Fitness web site” means the Zenzele Fitness site located at https://zenzelefitness.co.za and includes any part or element thereof;
c. “User” means any person who enters or uses the Zenzele Fitness web site, notwithstanding the fact that such a person only visited the home page of the Zenzele Fitness web site;
d. References herein to the singular includes the plural and vice versa; and
e. Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
f: “Personal information” is defined within the Protection of Personal Information Act , as information which relates to an identifiable, living natural persona and identifiable juristic persons, such as names, contact details , identification numbers and nationality, email addresses and gender where applicable of such persons.
g. “data subject” is defined in the Protection of Personal Information Act , as the person to whom the personal information relates;
h. de-identify – in relation to personal information of a data subject means to delete any information that indentifies the data subject, can be used or manipulated by a reasonably foreseeable method to indentify the data subject or can be linked by a reasonably foreseeable method to other information which identifies the data subject.
i. “operator’’ means a person who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party;
j. ‘‘processing’’ means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including—

(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

(b) dissemination by means of transmission, distribution or making available in any other form; or

(c) merging, linking, as well as restriction, degradation, erasure or destruction of information;

k. ‘‘public record’’ means a record that is accessible in the public domain and which is in the possession of or under the control of a public body, whether or not it was created by that public body;
l. ‘‘responsible party’’ means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information , and for purposes of this agreement shall be Zenzele Fitness and its operators and unique identifiers.
m. ‘restriction’’ means to withhold from circulation, use or publication any personal 2information that forms part of a filing system, but not to delete or destroy such information;
n. ‘‘unique identifier’’ means any identifier that is assigned to a data subject and is used by a responsible party for the purposes of the operations of that responsible party and that uniquely identifies that data subject in relation to that responsible party

 

  1. GENERAL
    Zenzele Fitness was established in 2014 as a health and fitness operator and currently operates several health club facilities within the Republic of South Africa.

 

  1. ALLOWED USE & LICENSE
    2.1. Zenzele Fitness licenses the User to view, download and print the content of the Zenzele Fitness web site, provided that such content is used for personal, educational and/or non-commercial purposes only.

2.2. Content from the Zenzele Fitness web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Zenzele Fitness.

2.3. Users may only access and use the Zenzele Fitness web site for legal purposes, and online registration for membership.

2.4. The caching of the Zenzele Fitness web site shall only be allowed if:

2.4.1. purpose of the caching is to make the onward transmission of the content from the Zenzele Fitness web site more efficient;

2.4.2. The cached content is not modified in any manner whatsoever;

2.4.3. The cached content is updated at least every 12 (twelve) hours; and

2.4.4. The cached content is removed or updated when so required by Zenzele Fitness.

2.5. If any User uses content from the Zenzele Fitness web site in breach of the provisions detailed herein:

2.5.1. Zenzele Fitness reserves the right to claim damages from the User;

2.5.2. Zenzele Fitness reserves the right to institute criminal proceedings against the User; and

2.5.3. Zenzele Fitness shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content or online registration,  by the User or any third party who obtained any content from the User in any unlawful manner by accessing the database of Zenzele without authorisation.

2.6. Hyperlinks to the Zenzele Fitness web site from any other source shall be directed at the home page of the Zenzele Fitness web site. Zenzele Fitness shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Zenzele Fitness web site, if such content was accessed through a hyperlink not directed at the home page of the Zenzele Fitness web site. Persons that wish to link to content beyond the home page of the Zenzele Fitness web site shall do so at their own risk and indemnify Zenzele Fitness against any loss, liability or damage that may result from the use of content from the Zenzele Fitness web site, if such content was accessed through a hyperlink not directed at the home page of the Zenzele Fitness web site.  Zenzele Fitness non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.

2.7. Users may quote small and reasonable amounts of content available from the Zenzele Fitness web site only if such quote is placed in inverted commas and acknowledged.

2.8. No person may frame the Zenzele Fitness web site, in any manner whatsoever, without the prior written consent of Zenzele Fitness.

2.9. Apart from bona-fide search engine operators and use of the search facility provided on the Zenzele Fitness web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Zenzele Fitness web site for any purposes, without the prior written consent of Zenzele Fitness.

2.10. All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Zenzele Fitness at any time without giving reasons, therefore.

 

  1. INTELLECTUAL PROPERTY RIGHTS & DOMAIN NAME USE
    3.1.  All intellectual property on the Zenzele Fitness web site, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Zenzele Fitness and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Zenzele Fitness web site are expressly reserved.

3.2.  Zenzele Fitness is a registered trademark and Users agree not to use the trademark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to Zenzele Fitness at the cost of the User.

 

  1. SOFTWARE & EQUIPMENT
    It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the Zenzele Fitness web site and/or download content from this web site.

 

  1. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
    Access to the services, content, software and content downloads available from the Zenzele Fitness web site is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Zenzele Fitness has the duty to disclose the following information:

5.1.  The full name and legal status of the web site owner: Zenzele Fitness South Africa;

5.2.  Zenzele Head Office, 1 Jan Smuts Avenue, Braamfontein, Johannesburg, 2001

5.3.  Main business: The main business of Zenzele Fitness is detailed at https://zenzelefitness.co.za

5.4.  The web site address of the Zenzele Fitness web site is: https://zenzelefitness.co.za;

5.5.  The official e-mail address of the Zenzele Fitness web site is: info@zenzelefitness.co.za;

5.6.  Membership of self-regulatory or accreditation bodies: IHRSA;

5.7.  Codes of conduct to which the Zenzele Fitness web site subscribes: IHRSA;

5.8. Management: The management profile of Zenzele Fitness is available from: https://zenzelefitness.co.za;

5.9. The costs associated with the access and use of the Zenzele Fitness Product is available from https://zenzelefitness.co.za;

5.10. Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

5.10.1. access to the Zenzele Fitness web site;

5.10.2. the inability to access the Zenzele Fitness web site;

5.10.3. the services and content available from the Zenzele Fitness web site; or

5.10.4. these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za;

5.11. Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do apply to this web site; and

5.12. Users may lodge complaints concerning the Zenzele Fitness web site with Zenzele Fitness at (telephone) +27(0)87 700 2501or (email) info@zenzelefitness.co.za.

 

  1. CHANGES AND AMENDMENTS
    Zenzele Fitness expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

6.1.  change these terms and conditions;

6.2.  change the content and/or services available from the Zenzele Fitness web site;

6.3.  discontinue any aspect of the Zenzele Fitness web site or service(s) available from the Zenzele Fitness web site; and/or

6.4.  change the software and hardware required to access and use the Zenzele Fitness web site.

 

  1. PRIVACY
    7.1. Zenzele Fitness shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za.

7.2. Zenzele Fitness may electronically collect, store and use the following personal information of Users:

7.2.1. name and surname;

7.2.2. contact numbers;

7.2.3. non-personal browsing habits and click patterns;

7.2.4. e-mail address; and

7.2.5. IP address.

7.3. Zenzele Fitness collects, stores and uses the abovementioned information for the following purposes:

7.3.1. communicate requested information to the User; and

7.3.2. to compile non-personal statistical information about browsing habits, click-patterns and access to the Zenzele Fitness web site.

7.4. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

7.5. Zenzele Fitness may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

7.5.1. Zenzele Fitness shall not disclose personal information from Users unless the User consents thereto;

7.5.2. Zenzele Fitness shall disclose information without the User’s consent only through due legal process; and

7.5.3. Zenzele Fitness may compile, use and share any information that does not relate to any specific individual.

7.6. Zenzele Fitness owns and retains all rights to non-personal statistical information collected and compiled by Zenzele Fitness.

 

7.7 PRIVACY POLICY AND COMPLIANCE WITH THE PROTECTION OF PERSONAL INFORMATION ACT:

The Zenzele fitness group, has drafted this policy for implementation and protection of the privacy and confidentiality of all members and clients. This policy shall be implemented and enforced by all fitness clubs managed and owned by the Zenzele Fitness Group, and all employees, stakeholders and members of the Zenzele Group who are provided with access to such information obtained by our entity.

In terms of this policy all personal and confidential information of members will be protected by the entity and used for purposes authorised by our members only and in compliance with the Protection of Personal Information Act as well as the Electronic communications and Transaction’s Act.

Personal information is defined within the Protection of Personal Information Act , as information which relates to an identifiable, living natural persona and identifiable juristic persons, such as names, contact details , identification numbers and nationality, email addresses and gender where applicable of such persons.

The Privacy Policy of Zenzele Fitness group will aim to ensure that the privacy and confidentiality of all members information which is collected and stored as a result of members providing our entity with such information is well guarded from misuse, unauthorised alteration, and or unlawful processing and or disclosure. The purpose of such information be collected is for the positive identification, quoting, billing and communication between our offices and yourself, inorder to carry out the performance of the contract entered into between yourself and Zenzele Fitness as per section 11 of the Protection of Personal Information Act.

Upon registration, members who submit their personal information to Zenzele Fitness will thereby voluntarily consent and explicitly agree to the collection of, use and disclosure of their information for the purposes of communication to such members by the Zenzele Fitness Group. The Group will process and transfer information for the purposes of providing members with products and services, improving on services, billing for services, feedback on services provided, and that such information will be shared with authorised personnel / service providers for purposes of management and administration of the website of Zenzele Fitness Group.

Zenzele Fitness reserves the right to amend and add to this privacy policy as and when required to do so. All members are required to visit this policy content regularly as this may be amended from time to time as per the business requirements of Zenzele Fitness Group and as per operation of law.

Personal information will be retained for as long as required by Zenzele Fitness Group administration and compliance,enforcement of the agreement with a member , and as well as auditory purposes. In the event that any member or data subject objects or wishes to withdraw the consent to process such information, he / she is required to bring this to the immediate attention of Zenzele Fitness formally and  in writing, afte which Zenzele Fitness shall take all necessary steps to cease the processing of such information and de-identify the data subject.

All information provided to authorised personnel and or service providers will be restricted by means of confidentiality undertakings and non -disclosure undertakings. The only time that your information will be disclosed without consent is where the group is required to do so in terms of a court order, in the interest of the public or in terms of a court order.

No information will be shared with third parties or unauthorised entities for use without the valid consent of any members.

All member information may only be used for lawful purposes and stored and collected with the consent of such members, and as such the group undertakes to keep a record of all information collected and stored as well as the purpose for which it has been used.

Whilst Zenzele Fitness Group shall ensure that all information is stored on a secure database, we can not accept liability for the inherent risks associated with the provision of information through electronic applications and illegal interception thereof. By Agreeing to the use of this policy you hereby agree to the acknowledgment of such risks and that you will not hold Zenzele Fitness Group, its directors, employees or agents responsible in the event of such security breach.

As such, Zenzele Fitness Group shall accept no liability whatsoever relating to any damage or loss of any nature, resulting from or arising from the use of our online registration or applications.

All information supplied to Zenzele Fitness by a data subject and or member, will be provided directly to our entity by such member / data subject and as such the member / data subject must ensure that all information is accurate, complete and not misleading.

In the event of any security breach relating to the personal information of data subject or member, Zenzele Fitness undertakes to take all necessary steps to notify the regulator where necessary and the date subject as soon as reasonably possible after the discovery of such compromise, in so far as allowed taking into account the needs of law enforcement and or any measures necessary to determine the scope of such compromise, and in so far as Zenzele Fitness is able to identify the data subject.

 

  1. HYPERLINKS TO THIRD PARTY SITES
    8.1.  Zenzele Fitness may provide hyperlinks to web sites not controlled by Zenzele Fitness (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and

8.2.  Zenzele Fitness does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

 

  1. SECURITY
    9.1.  Zenzele Fitness shall take all reasonable steps to secure the content of the Zenzele Fitness web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Zenzele Fitness does not make any warranties or representations that content shall be 100% safe and secure and Zenzele Fitness shall not be held responsible for any loss resulting from use and or reliability of such information whatsoever.;

9.2.  Zenzele Fitness is under no legal duty to encrypt any content or communications from and to the Zenzele Fitness web site and is also under no legal duty to provide digital authentication of any page on the Zenzele Fitness web site;

9.3.  Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Zenzele Fitness web site or the server and computer network that support the Zenzele Fitness web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Zenzele Fitness web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Zenzele Fitness harmless against any and all liability, damages and losses Zenzele Fitness and its partners / affiliates may suffer as a result of such damaging code;

9.4.  Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and Zenzele Fitness reserves the right to claim damages any and all persons concerned with a security failure or breach; and

9.5.  Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Zenzele Fitness and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za

 

  1. DISCLAIMER & LIMITATION OF LIABILITY

10.1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Zenzele Fitness (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

10.1.1. access to the Zenzele Fitness web site;

10.1.2. access to web sites linked to the Zenzele Fitness web site;

10.1.3. inability to access the Zenzele Fitness web site;

10.1.4. inability to access web sites linked to the Zenzele Fitness web site;

10.1.5. content available on the Zenzele Fitness web site;

10.1.6. services available from the Zenzele Fitness web site;

10.1.7. downloads and use of content from the Zenzele Fitness web site;

10.1.8. any other reason not directly related to Zenzele Fitness gross negligence.

10.2. The Zenzele Fitness web site is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Zenzele Fitness, that the content available from and through the Zenzele Fitness web site meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.

10.3. Information, ideas and opinions expressed on the Zenzele Fitness web site should not be regarded as professional advice or the official opinion of Zenzele Fitness and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Zenzele Fitness web site.

10.4. Zenzele Fitness does not make any warranties or representation that content and services available from the Zenzele Fitness web site will in all cases be true, correct or free from any errors. Zenzele Fitness shall take all reasonable steps to ensure the quality and accuracy of content available from the Zenzele Fitness web site.

10.5. Zenzele Fitness does not make any warranties or representations that the Zenzele Fitness web site shall always be available. Users acknowledge that the Zenzele Fitness web site may be unavailable due to updates or other causes beyond the reasonable control of Zenzele Fitness, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God”.

 

  1. REMOVAL & CORRECTION OF CONTENT
    Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Zenzele Fitness web site to Zenzele Fitness and Zenzele Fitness undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

 

  1. INTERCEPTION OF COMMUNICATION
    12.1. Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Zenzele Fitness’ right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Zenzele Fitness web site, its staff and employees; and

12.2. The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

 

  1. ENTIRE AGREEMENT & SEVERABILITY
    13.1. Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between Zenzele Fitness and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Zenzele Fitness from the User.

13.2. Any failure by Zenzele Fitness to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

13.3. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

 

  1. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and Zenzele Fitness agree that:

14.1. the User shall be bound to these term and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the Zenzele Fitness web site for the first time or immediately after the User indicated consent as required in Content Use Agreement;

14.2. data messages (as defined in the ECT Act) addressed by the User to Zenzele Fitness shall only be deemed to have been received if and when responded to;

14.3. data messages (as defined in the ECT Act) addressed to the User by Zenzele Fitness shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act

14.4. data messages (as defined in the ECT Act) addressed by the User to Zenzele Fitness shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;

14.5. electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Zenzele Fitness; and

14.6. the User agrees and warrants that data messages that are sent to Zenzele Fitness from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

 

  1. APPLICABLE & GOVERNING LAW

Subject to clause 5.13, the Zenzele Fitness web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Zenzele Fitness web site, its content, services and these terms and conditions.

 

  1. LEGAL COSTS

Zenzele Fitness shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

 

© 2016. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED. ​

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