Our terms and conditions protects you and us.
All clauses in this Agreement displayed in BOLD are provisions which limit the risk or liability of
EMMAGINEYOU and constitute an assumption of risk or liability by you, impose an obligation on you to
indemnify EMMAGINEYOU or is an acknowledgement of a fact by you. Please read these clauses
carefully before agreeing to this Agreement.
“Agreement” means these terms in this legally binding agreement that regulate your use of the Exercise Programs, Meal Plans, participation in any Challenge Programs and our relationship with you.
“Client” and “you” means the person making use of the Program
“EMMAGINEYOU.com” and “us” and “we” means EMMAGINEYOU
“Personal Information” means all information about a Client that can be used to identify the Client.
“Program(s)” means the customised execercise/meals and other programs provided to Clients as further described in clause 5, and
“Website” means https://www.emmagineyou.com>
WHEN DOES THIS AGREEMENT APPLY?
This Agreement will apply to your use of the Programs and Products and you are required to accept this Agreement when you purchase the Program.
To make use of our Programs you must agree to this Agreement. We reserve the right to refuse any request for our Programs without notice or reason.
This Agreement constitutes the whole agreement between EMMAGINEYOU and the Client.
USE OF PERSONAL INFORMATION
The right to privacy is important to us and we commit to take all reasonable steps to protect your privacy when you use our website . We implement business practices that comply with applicable laws, including the South African Protection of Personal Information Act, 4 of 2013 (POPI), and have implemented appropriate technical and organisational security measures designed to protect Personal Information against accidental or unlawful alteration, disclosure, access and other unlawful or unauthorised forms of processing.
DURATION OF THIS AGREEMENT
This Agreement applies for as long as you use our Products & Programs and the period until any disputes arising from this Agreement have been settled.
We offer various Programs which are primarily focused on physical fitness. 1-on-1Personal Coaching Program:
Included in the program:
exercise plans, distributed weekly in advance via our web site(downloadable for paid clients) for the duration of the Program meal plans, made available at the start of the Program via our web site(downloadable for paid clients), and a faculty coach assigned to you at the start of the Program with whom you will be in regular communication about the Program and your progress. Access to our portal will be provided to the Client upon payment and will provide the Client’s eating plan and exercise plan for the relevant week. Any reliance on the information provided in the Programs is at your own risk. It is entirely your responsibility to seek medical advice on the health effect of the Programs provided by us to you.
You can terminate your account at any time.
The costs to purchase the Programs/Modules are set out on https://emmagineyou.com and upon this Agreement (the “Fees“). Payment of Fees must be confirmed before EMMAGINEYOU will make available the purchased Product to the Client for download from our web site. All Fees are inclusive of VAT unless stated otherwise. In addition to the Fees, you will be liable for any costs associated in using the Program, such as your own internet data charges, any equipment costs, etc. 1-on-1 Personal Coaching Program only: If you fail to make payment for the Program by the due date for payment (as agreed during registration and recorded in your invoice), then we may remove you from the Program or suspend your participation in the Program at our sole discretion. If you are suspended from participation, you will not receive further Program correspondence and access to the web site will be suspended until such time as the outstanding payment has been made by you, and you will be given a period of time within which to effect such payment. If you fail to make payment within the given additional period of time, then we will be entitled to cancel your registration and remove you from the Program and you will not be entitled to any refund of previously paid amounts.
PAYMENT OF THE FEES
Payment. Payment of the Fees is required before you can use the Program and the Fees must be paid via EFT, internet banking, or direct deposit.
ACCEPTABLE USE POLICY
Clients may only use the Programs for their own personal, non-commercial use. Use of the Program for the benefit of your own clients or another person is strictly prohibited and will be a material breach of this Agreement.
ELECTRONIC MESSAGES AND COMMUNICATION
We will primarily use electronic communication as our main communication tool for all correspondence relating to the Program or this Agreement. This may also include the use of SMS (short message services), registered mail or telephone. Please note that by entering into this Agreement and using our Program, you acknowledge that we may use your Personal Information provided by you for communicating with you via electronic communication in terms of applicable data protection laws, including POPI and the General Data Protection Regulation ((EU) 2016/679). This includes us sending you direct marketing communications. You can opt-out from receiving direct marketing messages at any point in time.
THIRD PARTY SITES
We may provide certain hyperlinks to third party websites or apps only for your convenience, and the inclusion of any hyperlinks or any advertisement on our Website or in a Program does not imply our endorsement of such third parties. If you access and use any third-party websites, apps, products, services, and/or business, you do that solely at your own risk.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used in the Program or on our Website) is proprietary to us or the respective owner(s)’ property and will remain our or the owner’s property at all times. You agree that you will not acquire any rights of any nature in respect of that intellectual property by using our Programs or Website.
WARRANTIES AND REPRESENTATIONS
Subject to applicable laws:
We give no guarantee of any kind concerning the content or quality of our Programs and any information made available through the Programs or on the Website is not to be considered as advice of any kind.
We are not making any claims in respect of the Programs offered or the outcome of the Programs, and while the Programs incorporate known sport science methodology, we make no promises or guarantees that your fitness, health or otherwise will improve as a result of your use of the Programs. We make no representations to you, either express or implied, and we will have no liability or responsibility for the outcome of the Programs and/or the information contained on the Website. Our Programs are used entirely at your own risk. You warrant to and in favour of us that: you understand and agree that EMMAGINEYOU is not providing medical advice in the Programs. All exercise and any dietary changes have been approved by your doctor; to your knowledge, you have no heart or health conditions; you acknowledge that the participation in physical activities and any diet may carry inherent and significant risks of property damage, bodily injury and/or death. You voluntarily participate in such activities at your own risk and voluntarily assume all such associated risk;you are at least 18 (eighteen) years old and have the legal capacity to agree to and be bound by this Agreement; and this Agreement constitutes a contract valid and binding on you and enforceable against you. Each of the warranties given by you will: be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in this Agreement; continue and remain in force irrespective of whether this Agreement is active, suspended or cancelled; and be deemed to be material.
To be clear: we will not be liable for any loss arising from your use of the Program or any reliance on the information presented on the Website or Program or provided by EMMAGINEYOU we will not be liable to you for any loss caused by using our Program or your liability to any third party arising from those subjects. This includes but is not limited to bodily injuries, damage to property or any other forms of damage and/or loss suffered by you or any third party as a result of your use of the Program; the Web site or Program may include inaccuracies – in such instances we can’t be held liable or be forced to comply with offers that are genuinely (and/or negligently) erroneous; we are not responsible for the proper and/or complete transmission of information contained
in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of our systems. However, despite this, information that is transmitted over the internet may be susceptible to unlawful
access and monitoring; and finally, our limited liability applies to all and any kind of loss which we can possibly contract out of under law, including direct, indirect, consequential, special or other kinds of losses or claims which you may suffer. If any matter results in a valid claim against EMMAGINEYOU, the liability of EMMAGINEYOU will be limited to the Fees paid by the Client in respect of the Program in terms of which the claim arose.
You hereby indemnify and hold us (including our shareholders, directors and employees) harmless against any claim by any person for any costs, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts arising, whether directly or indirectly, from a breach of this Agreement by you.
Except for the obligation to pay monies due and owing, neither party shall be liable if either of us cannot perform in terms of any agreed terms due to reasons beyond our control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including telecommunications and internet service providers).
Any dispute which arises out of or pursuant to this Agreement (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction) shall be submitted to and decided by arbitration in accordance with the arbitration rules and legislation for the time being in force in
the Republic of South Africa. That arbitration shall be held with only the parties and their representatives present at Pretoria. The parties shall use their best endeavours to procure the expeditious completion of the arbitration. The provisions of this clause are severable from the rest of this Agreement and shall remain in effect even if this Agreement is terminated for any reason.
Website owner: EMMAGINEYOU.
Description of main business of EMMAGINEYOU: EMMAGINEYOU offers various training
programs focussing on physical fitness and diet.
Email address: email@example.com.
Website address: https://www.emmagineyou.com.
Pretoria, South Africa
Postal address: Postnet Suite No.
Governing law: this Agreement shall be governed and interpreted in terms of the laws of South Africa. Each party submits to the jurisdiction of the South African courts. Breach: if any party to this Agreement breaches any material provision or term of this Agreement and fails to remedy such breach within 14 (fourteen) calendar days of receipt of written notice requiring it to do so then the aggrieved party shall be entitled without notice, in addition to any other
remedy available to it at law or under this Agreement (including obtaining an interdict), to cancel this Agreement or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party’s right to claim damages. No waiver: the failure of EMMAGINEYOU to enforce or to exercise any right under this Agreement shall not constitute a waiver of that right. Variation: no variation, addition, deletion, or agreed cancellation of this Agreement will be of any force or effect unless in writing and accepted by the parties. Notices: EMMAGINEYOU selects its physical address and its email address as reflected in clause 20 for the service of all formal notices and legal processes in connection with this Agreement, which may be updated from time to time by updating this Agreement or providing the Client with written notice via email. You hereby select the physical address and email address provided when purchasing the Program as your address for service of all formal notices and legal processes in connection with this Agreement, which may be changed by providing EMMAGINEYOU with 7 (seven) calendar days’ notice in writing. Service via email shall be accepted in all cases where notice is required unless alternative service is required by law. Service via email is deemed to be received at the time and day of sending.