1. DEFINITIONS
1.1.“Consent” means the voluntary, specific and informed expression of will in terms of which permission is given by the User for the processing of his/ her Personal Information while using the Web Platform.
1.2.“Content” means additional information included as part of the Web Platform.
1.3.“Cookies” means files that are stored on a user’s computer. They are designed to hold a modest amount of data specific to a particular client and website and can be accessed either by the web server or the client computer. This allows the server to deliver a page tailored to a particular user, or the page itself can contain some script that is aware of the data in the cookie and so is able to carry information from one visit to the website (or related site) to the next.
1.4.“Web Platform” means the Powershack Gym Website/platform used to host and present the Powershack Gym web content and online store.
1.5. “Personal Information” means information relating to the User, including, but not limited to-
1.5.1 any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignments to the person;
1.5.2 correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and
1.5.3 the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
Provided that such information is not in the public domain in the same or in a different format or held by a public body and publicly accessible.
1.6. “Processing” (including “Process” and “Processed”) means the automated or
manual activity of collecting, recording, organising, storing, updating, distributing
and removing or deleting of Personal Information.
1.7. “Responsible Party” means a body or person which, alone or in conjunction with
others, determines the purpose of and means for processing Personal Information
as provided for in terms of the prevailing and relevant legislative requirements.
1.8. “Powershack Gym” means Powershack Gym Proprietary Limited (registration number:
2017/054125/07) and all of its affiliates and subsidiaries based in the Republic of
South Africa.
1.9. “the/this “Agreement” means this agreement and all annexures thereto (as
amended in accordance with the provisions of this Agreement).
1.10. “Third-Party(ies)” means any other organisation with which Powershack Gym is
obliged to share Personal Information of the User in terms of legislative
requirement.
1.11. “User(s)” means the person subscribing to and using the Web Platform.
1. PURPOSE
The purpose of the Web Platform is to enable, manage and track eLearning activities and users in an organization or on an individual user basis.
1. TERMS AND CONDITIONS OF USE
3.1.If a User does not agree with Powershack Gym’s Processing activities relating to his/ her Personal Information, as described in this Agreement, such User must not use or continue to use the Web Platform.
3.2.Powershack Gym may determine certain requirements that a User will need to meet when choosing a username or password. These requirements may be changed from time to time and the User may be required to update his/ her credentials.
3.3.The chosen username is permanent and can only be amended at Powershack Gym’s discretion.
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1. CONDITIONS OF ACCESS
4.1.A User’s access to, and use of, the Web Platform is subject to the provisions of this
Agreement regardless of the platform, gateway, portal or mode of access used to install, download or access the Web Platform.
4.2.The User acknowledges that the use of the Web Platform may result in additional charges levied by the User’s mobile service provider. The User shall solely be liable for any such additional charges.
1. COPYRIGHT
5.1.All Content in, and the design of the Web Platform (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to Powershack Gym, and is subject to Powershack Gym’s copyright unless Powershack Gym expressly states that it is not and should not be copied, shared, published and reproduced in any way, without obtaining written permission from
Powershack Gym.
5.2.Users may use the Content available in the Web Platform for personal use, but no part of Web Platform or Content may be reproduced for any other purpose without prior approval from Powershack Gym.
5.3.Notwithstanding the provisions of clause 5.2 above, a User may not, directly or indirectly, reverse engineer or aid or assist in the reverse engineering of any part of the Web Platform except and only to the extent that such activity is expressly permitted by applicable law.
1. PRIVACY
6.1.The User agrees that Powershack Gym may Process the Personal Information captured in this Web Platform for purposes of access control, user & profile management and record keeping.
6.2.The User’s Personal Information shall only be disclosed to Third Parties if it is an obligation imposed by law.
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6.3. Powershack Gym may make anonymised (de-identified) data available to third parties for lawful purposes, including reporting, sharing and/ or making available to an authorised person as provided for by law.
6.4. Should Powershack Gym wish to share a User’s Personal Information for any other reason, it will first obtain the prior Consent of such User.
6.5. Powershack Gym may further Process a User’s Personal Information, notwithstanding the fact that such processing is not compatible with the original purpose for which it was collected if the User’s Personal Information will be used for historical, statistical or research purposes and Powershack Gym shall ensure that in such event, the further processing will be carried out, solely for that purpose and in accordance with the relevant and applicable legislative requirements.
6.6. Powershack Gym shall Process all Personal Information in accordance with the prevailing and relevant legislative requirements.
1. ACCESSING, RECTIFYING AND/OR ERASING PERSONAL INFORMATION
7.1.Users have the right to request access to, rectify and/or erase their Personal Information Processed by Powershack Gym.
7.2.Powershack Gym may decline such request (as contemplated in terms of the provisions of clause 7.1 above) to protect its rights, or if a law requires Powershack Gym to keep such Personal Information for a specified period. Should Powershack Gym erase or decline to erase the User’s Personal Information, the User will be notified of such decision with reasons.
7.3.Users also have the right to withdraw Consent to Powershack Gym to use such User’s
Personal Information.
7.4.Requests should be made in writing via e-mail to: info@Powershack Gym.co.
1. UPDATES AND AMENDMENTS TO THE AGREEMENT
8.1.Powershack Gym may update this Agreement accordingly from time to time by posting the latest version on the Web Platform.
8.2.The User undertakes to familiarise him-/herself with this Agreement regularly.
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8.3. The most recent version of this Agreement, at the time of utilisation of the Web Platform by the User, shall prevail.
1. DATA ACCESS
The Web Platform is accessible only via a valid username and password. A User can be assigned one or more roles to access the Web Platform.
1. DISCLAIMER
10.1. Powershack Gym does not guarantee the operation of the Web Platform or the information,
Content, tools or materials on the Web Platform. Powershack Gym does not guarantee that:
10.1.1 the Web Platform;
10.1.2 the information, Content, tools or materials included on the Web Platform;
10.1.3 Powershack Gym servers; or
10.1.4 any electronic communications sent by Powershack Gym are free from viruses or other harmful components.
10.2. Powershack Gym will not be liable for any damages of any kind arising from the User’s use of the Web Platform or from any information, Content, Personal Information, tools or materials included on or otherwise made available to the User and/or a Third Party and/or a Responsible Person through the Web Platform, including for direct, incidental, punitive and/or consequential damages.
10.3. The Content is intended to provide general guidance only and shall not be construed as a substitute for taking professional advice in relation to a User’s particular circumstances.
10.4. Users undertake to take all necessary personal security measures to avoid any damage that may occur from the unauthorised access to the Web Platform, inter alia, not sharing a username or password, password control on device and not allow other people to use the Web Platform on a User’s behalf.
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10.5. Powershack Gym shall not be liable for any damages that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Web Platform.
10.6. The User undertakes to immediately notify Powershack Gym of any suspected breach or where a breach may have taken place as envisaged in terms of the provisions of clause 10.5 above.
10.7. The User hereby indemnifies and holds Powershack Gym harmless from and against any claims, costs, damages, expenses, and liabilities arising from the User’s use of the Web Platform or the User’s violation of this Agreement.
10.8. The Web Platform may also include links to other websites. These links are provided in order to enhance the interest of other featured Content and are not intended to signify that Powershack Gym endorses or otherwise has any responsibility for the Content of the linked websites.
10.9. Powershack Gym shall not be liable to the User in respect of:
10.9.1 any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond the reasonable control of the Company; or
10.9.2 any inaccurate, incomplete or inadequate information obtained from the Web Platform supplied by the User.
1. ACCEPTANCE AND CONSENT
11.1. The User hereby consents that Personal Information may be shared with Third-Parties.
11.2. The User confirms that he/ she is aware of the nature, extent and consequences of providing Consent to Powershack Gym for Processing Personal Information as provided for in terms of the provisions of clause 11.1 above.
11.3. The User agrees that this Agreement applies to any information accessed via the Web Platform, and to all sections of the Web Platform.
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11.4. The User agrees that the following actions shall be material breaches of these terms and conditions:
11.4.1 providing false or inaccurate information;
11.4.2 signing in as, or pretending to be, another person;
11.4.3 transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others;
10.4.4 using interactive services in a way that is intended to harm, or could result in harm to the User or to other users of the Web Platform; or
10.4.5 gathering information about others without obtaining their prior written consent.
11.5. The User agrees that any use of his/ her access details shall be regarded as if he/ she was the person using such information provided by him/ her at any time to Powershack Gym on or via the Web Platform, will be true, accurate, current and correct and he/ she undertake to update the information as and when required.
1. OTHER POLICIES
Users must familiarise themselves with any policies of Powershack Gym, which are in place to govern the usage of assets and company information technology and communication resources, protocols for the termination of access, acceptable use policy, etc .
1. USE OF COOKIES
13.1. Powershack Gym may use traffic log Cookies to identify and authenticate users while using the Web Platform and in the operation of the Web Platform.
13.2. The User hereby agrees to accept the Cookies on the Web Platform, declining this request will prevent the User from using the Web Platform.
1. Web Platform OWNERSHIP
The Web Platform was developed by Powershack Gym. All use and rights of this Web Platform therefore belong to
Powershack Gym.
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1. BREACH
15.1. Should a User commit a breach of a material provision of this Agreement and fail to remedy such breach within 24 (twenty four) hours of written demand from Powershack Gym, then Powershack Gym shall be entitled, in addition to any other rights and remedies that it may have, including the right to recover damages, to:
15.1.1 claim specific performance; or
15.1.2 terminate this Agreement, such termination to be effective immediately upon receipt by the User of written notice to that effect,
and in either event without prejudice to Powershack Gym ‘s right to claim damages from the User;
1. FORCE MAJEURE
16.1. Neither party shall be liable for any failure to fulfil its obligations under this Agreement if such failure is caused by any circumstances beyond its reasonable control, including flood, fire, earthquake, war, tempest, hurricane, industrial action, government restrictions or acts of God;
16.2. Should either party be unable to fulfil a material part of its obligations under this Agreement for a period in excess of 30 (thirty) days due to circumstances beyond its reasonable control, as recorded above, the other party may cancel this Agreement forthwith by written notice, without penalty.
1. GENERAL
17.1. This Agreement constitutes the entire Agreement between the parties in respect of the subject matter hereof and neither party shall be bound by any undertakings, representations, warranties or promises not recorded in this Agreement;
17.2. No variation, inclusive of this clause, or consensual cancellation of this Agreement and no addition to this Agreement shall be of any force or effect unless reduced to writing and signed by the parties or their duly authorised representatives;
17.3. No waiver of any of the terms and conditions of this Agreement will be binding or effectual for any purpose unless expressed in writing and signed by the party
hereto giving the same, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either party hereto in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege;
17.4. Should any of the provisions of this Agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid, lawful, and enforceable. If any term or condition held to be invalid, unlawful, or unenforceable is capable of amendment to render it valid, lawful, or enforceable the parties agree to negotiate an amendment to remove the invalidity, unlawfulness, or unenforceability;
17.5. This Agreement will be governed by and construed in accordance with the law of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law;
17.6. Notwithstanding termination of this Agreement any clause which, from the context, contemplates ongoing rights and obligations of the Parties, shall survive such termination and continue to be of full force and effect.