TERMS of SERVICE
Welcome to Gymalie. Please read the Gymalie Terms and Conditions carefully before using this site. if you do not agree to these Terms and Conditions, you must not use this site. This website is operated by Gymalie. Throughout the site, the terms “we”, “us” and “our” refer to Gymalie. Gymalie offers this website, including all products, information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or country of residence, or that you are the age of majority in your province or country of residence and you have given your consent to allow any of your minor dependents to use this site where necessary.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website, purchase products here or use any offered services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current online e-commerce platform store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of changes made. Your continued use of our services following the update means that you accept Gymalie’s updated POPI Compliance Policy as well as the overall Terms and Conditions (POPI is the Protection Of Personal Information Act in South Africa, a component of legislated consumer protection).
1.1 Gymalie.com is a division of Gymalie Pty Limited, company registration number 2016/089717/07, with its registered place of business at 122 Bush Willow Park, Edenvale, 1609 and comprises www.gymalie.co.za as well as all of its related sub-pages (hereinafter referred to as “the websites”).
1.2 We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our websites, their content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our websites or services without our prior written consent.
2.1 The Gymalie websites and all of their contents is copyright of Gymalie Pty Limited. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other forms of electronic retrieval system.
2.2 The trademarks, logos and service marks (“Intellectual Property”) displayed on our website are the registered and unregistered marks of Gymalie, our suppliers, affiliates, our licensees and/or our assignees and are protected by South African and international trademark law. You may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written consent.
2.3 The intellectual property (patents, copyright, trademarks, etc) of both Gymalie as expressed through its online presence as well as those of our suppliers and users may not be infringed. Users are expressly prohibited from reproducing, copying, uploading, editing, or utilising any intellectual property of the Gymalie site or its suppliers or those of fellow users.
TERMS and CONDITIONS
4.1 The following terminology applies to these Terms and Conditions: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the company’s terms and conditions. “Gymalie”, “Ourselves”, “We” and “Us”, refers to our company. “Party”, “Parties”, or “Us”, refers to both the client and ourselves, or either the client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
4.2 The headings of the various paragraphs of this agreement have been included solely for convenience, and they do not serve to limit nor qualify the agreement in any way.
4.3.1 A user of the Gymalie site warrants that they have the authority to be bound by the terms and conditions related to usage of this site.
4.3.2 Gymalie reserves the right to accept users, content or other participation at its sole discretion.
5.2 Where you are required to register, you are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
5.3 Gymalie reserves the right to store information on your computer in the form of a cookie or similar file for purposes of modifying this website to reflect your preferences. Cookies allow us to respond to you as an individual, thus allowing us to personalize, customize and quickly process and complete your experience without having to continually request the same basic information from you. Cookies do not give us access to your computer or any information about you, other than the data which you choose to share with us, and are not used to store any personal information such as name, address or payment information.
- Strictly necessary cookies. These are cookies that are essential to the operation of our website.
- Analytical/performance cookies. These cookies allow us to recognise and count the number of visitors to our website.
- Functionality cookies. These cookies are used to recognise you when you return to our website.
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed.
5.5 We may monitor traffic to our site and collect the following information:
- The IP address of your computer.
- The referring website from which you have got to our website from.
The reasons for this are:
- To make ongoing improvements to our website based on this data.
- To see our most popular sources of business.
5.6 Disclosure of personal data. We may disclose your personal data:
- To other companies within our group.
- If we sell our business.
- To relevant and potentially beneficial (to you) agents and service providers.
- In cases where we are required by law to pass on information or if we believe action is necessary to counteract fraud, cybercrime or to protect the website, and/or the rights and/or personal safety of a person or people.
5.7 Note that relevant 3rd party services such as Google Analytics and others associated with Gymalie sites may also employ cookies for the purposes of their services.
5.8 Email newsletter. If you sign up to our newsletter we may use your email address to send you information about products or services. You can opt out of these at any point and you can ask for personal data to stop being recorded at any time.
5.9 You understand that your content (not including credit card information as credit card information is always encrypted during transfer over networks), may be transferred unencrypted and involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
5.10 We may also disclose aggregate statistics about visitors to our website (customers and sales) in order to describe our services to prospective partners (advertisers, sponsors) and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
5.11 If you are concerned about your data, you have the right to request access to personal data which we may hold or process about you.
5.12 Further privacy issues are addressed elsewhere in this list of Terms and Conditions, under POPI (Section 15).
6.SERVICE, PRODUCTS, PRICES AND AVAILABILITY OF PRODUCTS
6.1 The website and the information on the site are provided “as is” and we do not make any express or implied representations or warranties with regard thereto.
6.2 Gymalie attempts to be as accurate as possible in all matters, however, we do not warrant those product descriptions or other contents of this website are accurate, complete, reliable, current or error-free. If a product offered by Gymalie is not as described and you wish to return it, you need to follow the procedure as set out under RETURNS AND REFUNDS
6.3 In the event that a product or service is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, we shall have the right to limit the number of items purchased through this website. Gymalie shall have the right to refuse or cancel any order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled we shall, within 14 days, issue a credit to your card account in the amount of the charge.
6.4 Prices for our products are subject to change without notice.
6.5 We reserve the right to modify or discontinue any service or product (or any part or content thereof) without notice at any time.
6.6We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any service or product.
6.7 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
6.8 We have made every effort to display as accurately as possible the colors and images of our products that appear at our store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
6.9 We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where such product or service is prohibited.
6.10 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
6.11 We reserve the right to refuse service to anyone for any reason at any time.
6.12 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
6.13 We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.
6.14 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
6.15 In no case shall Gymalie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
6.16 Purchasing a product on Gymalie website means that you have purchased a product from a Vendor (A Vendor is a company that lists their products on Gymalie for purchasing).Therefore it is required that your email, name and phone number be given to the specific Vendor in order to ensure product delivery and further inquiries.
8.THIRD PARTY SERVICES
Goods and services of third parties are advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies, representations and warranties made or issued by such third parties. We shall not be liable or responsible in any manner for any of your dealings or interaction with third parties and guarantees or warranties of any third party’s services or products are effected by the supplier and/or manufacturer of said service or product. Please also see Section
9.1 You agree that our website may expose you to content that may be objectionable or offensive. We shall not be responsible to you in any way for the content that appears on this website nor for any error or omission.
9.2 You explicitly agree, in using this website or any service provided, that you shall not:
(a) provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, defamatory, libellous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this website and any content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent; or
(e) provide any content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
10.TERMINATION OF USE OF THIS WEBSITE
10.1 You agree that any violation of these Terms and Conditions, the unauthorised use of this website, content materials and intellectual property as well as any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use this Website. Furthermore, Gymalie reserves the right to terminate or suspend your access to this website and its content and use at any time, with or without notice, at Gymalie’s discretion.
10.2 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
10.3 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
10.4 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
11.LIMITATION OF LIABILITY AND INDEMNIFICATION
11.1 Gymalie shall not be held responsible for any damages, injury or illness that occurs due to misuse, incorrect use, an allergic reaction to, or as the result of any other unforeseen occurrence related to goods or services offered on this website. It is the sole responsibility of the customer to read all product instructions carefully, to use the product strictly for the purpose it was designed for, and to ensure that the product is used in a safe and responsible manner.
11.2 Gymalie is not liable for any direct or indirect loss or damage incurred by you due to delay or lack of delivery of products regardless of the method of delivery or the reasons for said happenstances.
11.3 You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your violation of these Terms and Conditions or any other violation of the rights of another person or party.
11.4 You agree that, except as otherwise provided under applicable laws, neither Gymalie nor its affiliates, nor the directors, officers, owners, employees, agents, contractors, representatives, successors or assigns of each shall be liable for, nor shall you be entitled to, any damages whatsoever arising out of or related to the use of, or inability to use, this website or any website linked to this website. This waiver of liability applies to direct, indirect, incidental, consequential, special, punitive, statutory or other damages you or others may suffer, as well as damages for loss of profit, loss of revenue, business interruption or the loss of data or information, even if Gymalie is notified in advance of the potential for any such damage or regardless of the form of action, whether in contract, delict (including negligence), warranty, strict or product liability or otherwise.
12.1 Any and all information contained on this website is not intended to take the place of medical advice from a qualified healthcare professional. Exercise, diet and health-related matters vary from person to person. Nothing on this website shall be considered or used as a substitute for, medical prescription, advice, diagnosis or treatment.
12.2 Any action whatsoever which is taken based in the contents of this website or any of its related sites, material products or information is to be used solely at your own discretion, risk and liability. You should always consult a qualified, appropriate health professional on any matter that is related to your health and well-being before proceeding with any action pertaining to health issues.
12.3 While the information provided on this website is believed to be accurate, this website assumes no liability for the use or misuse of information and products in this website. Neither Gymalie nor its affiliates, directors, officers, owners, employees, agents, contractors, representatives, successors, or assigns, shall be responsible if you fail to consult the appropriate health authorities with respect to your health care before acting on or using any information or products found in this website, nor will they be responsible for any errors or omissions, or the use or misuse of, the information on this website.
12.4 Gymalie does not warrant that the content, materials, products, services, and information made available to you through this website, their servers, or email sent from Gymalie will be uninterrupted, error-free, free of viruses or other harmful agents, or components, secure or timely. Gymalie makes no representation and specifically disclaims any warranty regarding any site linked to this website.
12.5 This disclaimer by Gymalie in no way affects the terms of any manufacturer’s or third party seller’s warranty, if any, related to the products purchased via this website.
You agree that these Terms and Conditions and any dispute arising out of your use of this website or our products or services shall be governed by and construed in accordance with the laws of South Africa. By using this website and service you consent and submit to the exclusive jurisdiction of the courts of South Africa.
14.1 Whenever possible, each provision of these Terms and Conditions shall be interpreted in a manner which makes it effective and valid under applicable law, but if any provision of this agreement is held to be illegal, invalid or unenforceable under the applicable law, that illegality, invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions, all of which shall remain in full force.
14.2 The failure of either party to assert any right under these Terms and Conditions shall not be considered a waiver of any that of party’s rights and those rights will remain in full force and effect.
14.3 We may assign our rights and obligations under these Terms and Conditions and we shall be relieved of any further obligation.
14.4 Players of the Gymalie prediction game are only allowed to register once.
15.1 This POPI Compliance Policy brief describes how we handle your information when you use our website and services. This Policy was last revised on September 2016. In compliance with POPI, Gymalie has two roles and responsibilities:
(a) We are the responsible party regarding the client’s personal information, such as email addresses, phone numbers, billing details, and other information used to do business with clients.
(b) We are the service provider or operator, regarding the personal information that the client provides in the form of a database, distribution list, or the like.
15.2 As your service provider, stewardship of your data is critical to us and a responsibility that we embrace. We’ll abide by the following principles when collecting, recording, storing, disseminating, and destroying personal information, and responding to government requests for our users’ data:
(a) Choice and consent: We will not contact/solicit you unless you have given us your consent to do so.
(b) Transparency: We will let you know up front that we will be processing your data in fulfillment of your request. If you cancel your services with Gymalie we will delete your personal information, except for statistics which we store in a de-identified and aggregated manner.
(c) Accountability and security: We take measures to ensure data is kept safe and prevent loss of, damage to, or unauthorized destruction of personal information, and unlawful access to or processing of personal information.
(d) Access: We’ll give you access to any of your personal information that you request, unless the request is unlawful.
(e) Client data is always treated as confidential and maintained for the sole purpose of rendering services to you.
15.3 Gymalie is compliant with the following:
(a) Protection of Personal Information Act (POPI)
(b) CPA Section 11.
(c) Electronic Communications Act of 2002 (ECT)
15.4 If your personally identifiable information changes (e.g. your email address or cell phone number), or if you no longer desire to use or access the service, Gymalie encourages you to correct, update, or remove the personal information that you provided. This can be done by contacting us.
15.5 Requests for personal information will be handled in accordance with the POPI Act.
16.HOW TO CONTACT US
16.1 Our Information Officer is: Kevin Van Der Berg, Managing Director. Please relay any questions you may have pertaining to our stated policies to our Support Department by emailing us at email@example.com
16.2 Other means of contact: Gymalie Privacy Department; Tel: +27 83 2865837
17.1 Our Service may contain links to third-party websites or services that are not owned or controlled by Gymalie.
17.2 Gymalie has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Gymalie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
17.3 When you purchase an item on the Gymalie website your details will be given to the particular seller you bought your item from.
18.USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
18.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We shall be under no obligation:
- to maintain any comments in confidence;
- to pay compensation for any comments; or
- to respond to any comments.
18.2 Gymalie may, but has no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
18.3 You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party
Age Of Consent
We do not specifically market to children under the age of 16 years old.
By using this Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.
19.1 General Rules for the prediction game
- Only registered players can make predictions and participate in the prediction game.
- Individuals are only allowed to register once.
- Participants’ names and surnames might appear on the Leaderboard and Hall Of Fame.
19.2 Prediction Rules
- Predictions can be made on any future upcoming game.
- Predictions can be made right up until the moment the game starts.
- Multiple predictions can be made by any one player for any one game as multiple predictions per player per game are allowed prior to the game starting. Only the last prediction made, however, will be counted as a potentially winning entry.
- Once a game has started, predictions are locked in and cannot be changed.
19.3 Prize Award Rules
- In Rugby, to qualify for the Prize your prediction for both teams should be exactly the same as the live game final score of both the teams playing.
- In Soccer, to qualify for the Prize your predictions in all quarters, extra time, penalty shootout should be exactly the same as the live soccer game quarterly, extra time, penalty shootout scores of both the teams playing. However, a 0:0 Draw is irrelevant and no prizes will be given.
- In the event that you meet all requirements for the Prize, Gymalie will contact you with the details you provided. You will then have to reply within 7 Days to confirm otherwise the prize expires. Make sure you provide us with the correct details.
- If multiple winners predict the same winning score, the prize value will be split equally between each winner.
- ALL PRIZES ARE VOUCHERS. Voucher number will be sent to your existing email address within 7 Days. If you are a winner.
- Only South African citizens resident within South Africa at the time that makes a prediction will stand a chance to win a prize associated with the Prediction Game.
- The judges’ decision is final and no correspondence will be entered into.