Accessing the Wellness On The Move PTY (Ltd) website or any webpages on this website implies that you agree and accept all the terms and conditions set out. By using this website, you will be bound to these terms of use. You, the user, acknowledge that all clauses stating your risk or liability have been drawn to your attention. You have had adequate and ample opportunity to read and comprehend these terms and conditions thoroughly. If you do not agree or are unsure of the terms, you should discontinue the use of the Wellness On The Move PTY (Ltd) website. If you do not fully comprehend any of the terms and conditions set out, you should no longer use this website and contact us directly.
1. Access Conditions for the Website
1.1 The site and its content are provided on an “as is” and “available” basis and have not been set up or compiled for individualised requirements. The site contains templates and frameworks regarding wellness programs and health plans, whereby the user must still use their own discretion. The user can upload measurements and wellness photos to keep track of progress. The user accesses the website at their own risk. You, the user, hereby indemnify Wellness On The Move PTY (Ltd) and any of its staff or representatives thereof, of any accountability for any loss to you or any other person or persons, directly or indirectly caused by the publication or use of any information, wellness programs, health plans, content, advice, products, or services which may be promoted, displayed on, or associated with, the Wellness On The Move PTY (Ltd) website or any other website accessed from this website. However, such loss or liability may occur (excluding gross negligence). Whether such loss or liability is personal, financial, incidental, consequential, or otherwise to you or any other person involved. I hereby understand that all the wellness plans and health plans have not been customised for you, the user, and that Wellness On The Move PTY (Ltd) will not be held responsible as mentioned above.
1.2 The information and content on this website are intended and created for general information purposes only and shouldn’t be relied upon as specific individualized advice of any kind, whether medical, professional, technical, or otherwise. This assumption may be detrimental to your overall health and wellbeing. Please do not favour any information you obtain through the Wellness On The Move PTY (Ltd) website as a substitute for medical advice by a medical professional. None of the services or content on this site is intended to replace any medical diagnosis or treatment. The information and content on this website may contain errors, could be incomplete, and could be out of date, thus your own discretion should be used as to the accuracy of such information. Wellness On The Move PTY (Ltd) will not be held accountable to any person or company for use or reliance on inaccurate information, content, or opinions contained on this site. Seek professional medical advice prior to the commencement of any wellness routine or health plan.
1.3 Wellness On The Move PTY (Ltd) does not guarantee that this site, content, or functions on this website will be error-free. Wellness On The Move PTY (Ltd) does not guarantee that the functions will be uninterrupted, and that defects will be corrected. We also do not guarantee that its server is free of viruses or other harmful components. Any malfunctions or errors should be reported to Wellness On The Move PTY (Ltd) immediately.
1.4 Wellness On The Move PTY (Ltd) may at any stage, from time to time and without notice to you, suspend your access to this website in the event of a technical malfunction, modification to the site or maintenance, equipment issues, hardware, or infrastructure issues by means of which this website is made available to you, the user. You hereby indemnify Wellness On The Move PTY (Ltd) from any interruptions or suspensions that result in any damages or loss in any way.
1.5 The Wellness On The Move PTY (Ltd) website may include links to other websites but does not hereby endorse the content thereof. Neither does it thereby endorse the services or products for these sites.
1.6 Wellness On The Move PTY (Ltd) has no obligation to monitor the content of this site. Wellness On The Move PTY (Ltd) can at any stage remove or edit content posted if it decides to do so and reserves this right. Wellness On The Move PTY (Ltd) will not be held liable for this.
1.7 If new terms or conditions of use are displayed on the website and this specific term/s differs/varies from a portion or any specific terms on these terms and conditions document, then the terms displayed on the website prevail in regards to such information.
1.8 You, the user, hereby agree that it is impossible for any website to have 100% complete security. You, the user, hereby indemnify Wellness On The Move PTY (Ltd) from any security breaches in respect to any content displayed, or accessible from, or any transactions concluded on the Wellness On The Move PTY (Ltd) website. You hereby agree and understand that your login name and password shall: 1.8.1 be used for personal use only; and 1.8.2 not be disclosed to any third party.
1.9 You allow Wellness On The Move PTY (Ltd) to take the necessary steps to make sure that full security is maintained to the site and any applications on it.
1.10 You hereby understand that Wellness On The Move PTY (Ltd) reserves the right to take whatever action it may deem to be appropriate in order to maintain a fully secure website at all times.
1.11 You hereby understand that general internet etiquette will be allowed on this site as a member. Wellness On The Move PTY (Ltd) shall not be held accountable in any way for loss or damage of whatever nature as a result of breach to the Wellness On The Move PTY (Ltd) policies as agreed upon by you. Wellness On The Move PTY (Ltd) policies may be amended from time to time, without prior notice, and you as the user must therefore make sure that the policies and terms are read intermittently from time to time. Wellness On The Move PTY (Ltd) has the right to block or disallow any access to the site if it deems necessary following the below discrepancies: 1.11.1 posting or transmitting images, data, messages, programs, or personal information with defamatory or offensive violations to personal rights; 1.11.2 posting or transmitting images, data, messages, programs, or personal information which transgresses and violates the intellectual properties of others. You may not post nude or inappropriate images; 1.11.3 you may not block, interfere, or disrupt other users from accessing this site; 1.11.4 you may not send, post, or transmit any file or software containing viruses or any other destructive features, regardless if this was intentionally or unintentionally done; 1.11.5 not to disregard/violate the privacy of any person or to disregard/violate the security of any system or network, which shall include but shall not be limited to: 1.11.5.1 hacking; 1.11.5.2 unauthorised access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of any system or network, or to breach security or authentication measures without express authorisation of the owner of such system or network; 1.11.5.3 unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of such system or network; 1.11.6 not to perform any act or omission which is generally unacceptable or offensive to Internet users in general, to the public at large, or as may be determined by Wellness On The Move PTY (Ltd) from time to time in its sole and absolute discretion; 1.11.7 not to contravene any Wellness On The Move PTY (Ltd) policy as may be updated and amended by Wellness On The Move PTY (Ltd) and published or accessible from the Wellness On The Move PTY (Ltd) website from time to time; 1.11.8 not to do anything which tends, has the effect of, or is likely to have the effect of, damaging the name or reputation of Wellness On The Move PTY (Ltd); 1.11.9 not to commit any act or omission which may have an adverse technical effect on the integrity or functionality of this website; 1.11.10 not to give or make available in any way any licence keys, login codes, passwords, or the like which may be furnished to you by Wellness On The Move PTY (Ltd) and/or its business partners from time to time in regard to your access to this website (“licence key”) to any other person for any person’s use, and you hereby undertake to take whatever steps may be necessary to ensure the safe-keeping and confidentiality of such licence key/login ID and that you shall specifically not disclose same to any third party without Wellness On The Move PTY (Ltd)’s prior written consent; 1.11.11 not to use your login ID for any simultaneous login, nor to permit any other person access to, or use of, such licence key/login ID; 1.11.12 not to contravene or violate in any way the policy rules and guidelines which, subject to clause 6.1, may be posted from time to time to or be accessible from this website; 1.11.13 not to use this website for any unlawful purpose, or in any manner which infringes the rights of, or restricts or inhibits the use and enjoyment of this website by any person, including without limiting, conduct which is
not to use this website for any unlawful purpose, or in any manner which infringes the rights of, or restricts or inhibits the use and enjoyment of this website by any person, including without limiting, conduct which is unlawful, which may harass, defame or cause distress or inconvenience to any person, and the display, posting or transmission of obscene or offensive content or information, or the disruption of any normal flow of dialogue on this website; 1.11.14 not to frame this site or any of the pages on this site in any way whatsoever.
2. Comments, Suggestions, and Ideas Posted on the Website
2.1 Wellness On The Move PTY (Ltd) values feedback disclosed, submitted, or offered by you on, by, or in connection with, your use of our site (“comments”), but Wellness On The Move PTY (Ltd) shall not be obliged to respond to, maintain, or compensate you in any way whatsoever for your comments. Once disclosed, submitted, or offered, your comments shall become the property of Wellness On The Move PTY (Ltd). Wellness On The Move PTY (Ltd) will thus exclusively own all such rights, title, and interest in the comments and shall not be limited in any way in the use, commercial or otherwise, of any of the comments. You warrant that the comments disclosed, submitted, or offered by you to the site do not and will not violate any right of any third party, including copyright, trademark, privacy, or any other personal or proprietary right, and that you will not disclose, submit, or offer any comments that will or may contain any defamatory, unlawful, abusive, or obscene material. Wellness On The Move PTY (Ltd) disclaims any liability towards any third party regarding your comments and you hereby indemnify Wellness On The Move PTY (Ltd) against, and shall be liable for, any claim by any third party in regard to or arising from your comments.
3. Intellectual Property Rights
3.1 Please be aware that the content of this site is the property of Wellness On The Move PTY (Ltd) and is protected by South African and international copyright laws. You may use the content of this site only for your own personal non-commercial use. You are not permitted under any circumstances to use the trademarks, logos, designs, trade names, know-how, and patents belonging to, or licensed to, Wellness On The Move PTY (Ltd). Nothing contained in this website should be construed as granting any licence or right of use to any of the intellectual property rights or any rights thereto. If you do use the content of this site for unauthorised purposes, or if you use any other intellectual property belonging to, or licensed to, Wellness On The Move PTY (Ltd), you will be liable to Wellness On The Move PTY (Ltd) for any damages it may suffer (which you acknowledge it may suffer) and you may also be liable to criminal prosecution. You indemnify Wellness On The Move PTY (Ltd) for every single consequence flowing from your unauthorised use of the content of this site.
4. Indemnity
4.1 Where you have given an indemnity or have agreed that you have no claim against Wellness On The Move PTY (Ltd) in these terms of use, any reference to Wellness On The Move PTY (Ltd) shall include Wellness On The Move PTY (Ltd), Wellness On The Move PTY (Ltd)’s directors, employees, sub-contractors, agents, representatives, consultants, licensees, and/or licensors.
5. Disclaimer
5.1 Neither Wellness On The Move PTY (Ltd), nor any of its agents or representatives shall be liable for any damage, harm, loss, injury, death, liability, or damages of whatsoever nature, howsoever arising from the use or inability to use this site or from the services or content available through and from this site. “Damages” shall include direct, indirect, general, special, incidental, punitive, and consequential damages.
5.2 Nothing in these terms of use does or purports to limit or exempt Wellness On The Move PTY (Ltd) from liability for any loss directly or indirectly attributable to the gross negligence of Wellness On The Move PTY (Ltd) or any person acting for or controlled by Wellness On The Move PTY (Ltd) where the law does not allow this and this clause also does not require you to assume the risk or liability for this kind of loss where the law does not allow this.
6. General
6.1 Notwithstanding clause 6.3, Wellness On The Move PTY (Ltd) reserves the right to change these terms or associated policies with 30 business days’ notice before the changes take effect. If you do not wish to accept these changes, you may cancel your membership of Wellness On The Move PTY (Ltd) and cease using this website. Your continued use of the website after you have been notified and on expiry of the 30 business day notice period, constitutes your acceptance of the new terms and conditions.
6.2 If any provision of these terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining terms.
6.3 This agreement sets out the whole of the agreement between you and Wellness On The Move PTY (Ltd) in regard to the subject matter thereof and there are no other agreements, guarantees, or representations, either verbal or in writing, in regard thereto, upon which you are relying in concluding this agreement and Wellness On The Move PTY (Ltd) shall not be bound by any express or implied term, representation, warranty, promise, or the like not recorded herein.
6.4 The parties hereby irrevocably consent to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by either party arising out of these terms and conditions, provided that either party shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, the parties hereby consent and submit to the jurisdiction of the High Court.
6.5 These terms and conditions shall be governed by and interpreted according to the laws of the Republic of South Africa.
6.6 If these terms of use and/or any goods and/or services provided under these terms of use are regulated by the Consumer Protection Act No 68 of 2008, as amended, replaced, or re-enacted from time to time (“Consumer Protection Act”), it is not intended that any provision of these terms of use contravenes any provision of the Consumer Protection Act and therefore all provisions of these terms of use must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
6.7 Wellness On The Move PTY (Ltd) chooses as its domicilium citandi et executandi for all purposes under these terms and conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 25 Padstow Street, Raceview, Alberton, Gauteng, South Africa, 1449.