MY PERSONAL TRAINER TERMS OF USE
Thank you for your interest in My Personal Trainer, a content online provider and subscription-based online diet and fitness programme (the "Programme") brought to you by My Personal Trainer Wellness (Pty) LTD.
For an ongoing subscription fee, and as a member of this Service (defined below), you'll gain full access to an online community where members can transform their bodies and their lives as a community–members can share stories and help to inspire each other while using the powerful tools we have created to get fit, eat healthy and live well.
My Personal Trainer Wellness (Pty) LTD Terms of Use are provided below, so please take a moment to review them before you sign up.
This Internet website ("Website"), located at www.mypersonaltrainer.co.za or on www.mypt.co.za, is provided to you under these "Terms of Use" and any amendments or supplements to them that may be posted by My Personal Trainer Wellness (Pty) LTD ("MyPT", "us", "our", "we ") from time to time (collectively referred to as this "Agreement"). Your use of the Website constitutes your consent to be bound by the terms and conditions of this Agreement, and your continued use of the Website constitutes your consent to be bound by any modifications made to the terms and conditions of this Agreement, and shall be enforceable in the same way as if you had signed this Agreement. If you are not willing to accept the terms and conditions in this Agreement, do not use the Website or order any items or membership services (the "Service(s)") from it.
1. MEDICAL INFORMATION
The Website is not a medical provider. We do not endorse or recommend the products or services of any particular health care provider or evaluate or determine your need for any particular product, service or information. We do not give individual medical, therapeutic or other medical-related advice or advocate any particular treatment or course of treatments, diagnosis, cure, therapy or other related product or service for any individuals or practitioners. You should evaluate all information provided by the Website, including information posted by other users (including Members, defined below) of the Website on your own.
THE CONTENT AND OTHER INFORMATION PRESENTED ON THE WEBSITE ARE FOR EDUCATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING OR TREATMENT. BEFORE STARTING THIS OR ANY OTHER DIET OR FITNESS PROGRAMME, CONSULT YOUR PHYSICIAN TO DETERMINE IF ONE OR MORE OF OUR DIET AND/OR FITNESS PROGRAMMES ARE RIGHT FOR YOUR NEEDS. DO NOT START A DIET OR FITNESS PROGRAMME WITH US IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. MYPT RESERVES THE RIGHT (BUT DOES NOT HAVE THE OBLIGATION) TO REFUSE OR CANCEL YOUR MEMBERSHIP OR USE OF THE WEBSITE IF WE DETERMINE THAT YOU HAVE OR IF YOU INFORM US THAT YOU HAVE CERTAIN MEDICAL CONDITIONS. MYPT RESERVES THE RIGHT TO CANCEL YOUR MEMBERSHIP SHOULD YOU VIOLATE THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER POSTED POLICY ON THE WEBSITE. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE AUTHORISING BODIES AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
The process of subscribing to the MyPT programme via the Website and becoming a member (a "Member") requires entry of certain personal information and, among other conditions of membership, agreement with these Terms of Use in order to gain access to the Website. Any health and/or medical condition information you provide to us about yourself is strictly optional and is not evaluated by us. Any such information you choose to provide will be maintained according to our Privacy Policy
In becoming a Member with the intent of using the Website, you affirm that you have consulted with your health care provider who has determined that participation in the Programme is appropriate and safe for you, particularly if any of the following is true or if you have any other health condition:
- You have been medically diagnosed as living with diabetes, hypoglycemia, heart disease, high cholesterol, high blood pressure, advanced liver disease, an orthopedic and/or arthritic condition, or any other underlying cardiovascular or pulmonary condition
- You have a heart condition
- You have felt chest pain when engaging in physical activity
- You have experienced chest pain when not engaged in physical activity at any time within the past month
- You have lost your balance because of dizziness and/or you have lost consciousness
- You have a bone or joint problem that could be made worse by a change in your physical activity
- Your physician is currently prescribing drugs for your blood pressure or heart condition
- You have a personal and/or a familial (i.e., genetic) history of high blood pressure or heart problems
- You are allergic to nuts, eggs, dairy products or any other foods
- You are presently following a diet plan provided to you by a physician or other medical professional for health reasons
- You are pregnant, breastfeeding or lactating
It is understood that people with Diabetes and/or Pre-Diabetes will join the MYPT programme, but the information set forth on the website is still meant only to provide general guidance and education. You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the content of the Website will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition and whether the Program is appropriate for you.
Your participation in the Program and your use of the Services are at your own risk.
RISK & LIMITATION OF LIABILITY
The user's use of this Web Site and the information and programmes contained and provided to subscribers, members and non members therein is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting from the use thereof. Neither "My PT", its affiliates, or their shareholders, agents, consultants or employees will be liable for any damages whatsoever, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or inability to use, this website or the information contained therein.
While all reasonable steps have been take to ensure the accuracy and safety of THE "WEB SITE", the use of the products or services advertised on this Web Site are used at the user's own risk. The user accepts full responsibility and risk of any injury, damage, or loss resulting from the use thereof. THE "WEB SITE" will not be liable for any personal or physical damage or loss, howsoever caused, whether directly or indirectly, resulting from the use of THE "WEB SITE" Web Site.
THE "WEBSITE" discussion forum: THE "WEBSITE" supplies the means for individuals to communicate in open debate via it's discussion forum, yet the views and opinions expressed in the discussion forum do not necessarily represent those of THE "WEBSITE". While THE "WEBSITE" reserves the right to remove entire postings that are considered offensive or outdated, THE "WEBSITE" does not screen, and will not alter, postings before they are published on the discussion forum, and thus neither THE "WEB SITE", its affiliates, or their shareholders, agents, consultants or employees will be liable for any damages whatsoever resulting from the content found in the discussion forum
OFFER, PAYMENT AND BILLING TERMS
Description of Automatic Renewal Service
MyPT is an automatically renewing subscription-based service. As more fully described below, by becoming a subscriber to the Service (a Member), you will be charged the fee for the subscription term that you select in the signup/registration process. You may choose a monthly, or annual automatically renewing subscription. In the event you subscribe to the Service, you shall immediately be charged the entire amount equivalent to the advertised price for either 1 month or 1 year of service, depending upon the term that you selected. UNDER THESE TERMS OF USE, IF YOU CANCEL YOUR SUBSCRIPTION, YOU ARE NOT ELIGIBLE FOR ANY REFUND FOR THE CURRENT TERM FOR WHICH YOU ARE SUBSCRIBED. Your subscription will automatically renew at the end of each subscription term. Your renewal subscription will have the same duration as the subscription being renewed (e.g. one month, one year, etc.) YOU CAN CANCEL ANYTIME AFTER YOU HAVE SIGNED UP, AND WILL NOT BE BILLED AGAIN. If you wish to cancel the automatic renewal of your Service, we must receive your request by 5:00 pm CAT on the last day of your subscription term in order to allow us to process your cancellation request by one of the methods described in the Cancellation Policy below. If we receive your cancellation request after such time, you will be charged for the next subscription term. (See Cancellation Policy below.)
Pricing Plans
The price of the subscription and other good available on MyPT will be as listed in the website.
MYPT may, from time to time, offer free trials and promotions that could alter or discount the listed pricing plans. These free trials may be made available through television programs, in conjunction with our food partners, or via any other means in MYPT's sole discretion. Such free trials will be subject to additional terms and conditions set forth with the free trial offer at the time such free trial offer is made and are incorporated by reference into these Terms of Use.
Cancellation Policy
You may cancel your subscription with 48 hours after your initial registration after which unless the offer you have selected specifically does not permit cancellation within a specified time period. To cancel, you must email or call customer service at
coach@mypersonaltrainer.co.za or 0861 123 6978. If you wish to cancel the automatic renewal of your Service, we must receive your request by 5:00 pm CAT on the last day of your subscription term in order to allow us to process your cancellation request. If we receive your cancellation request after such time, we shall charge you for the next subscription term.
Provided you cancel in accordance with this Section, your account will be terminated effective at the end of the then current billing term (currently, 1 month or 1 year). MYPT OFFERS NO REFUNDS EXCEPT WHERE REQUIRED BY LAW.
Payment and Billing Policies
You hereby authorize MYPT to charge your credit card for the renewal term which will be 1 calendar month or 1 calendar year (depending on the subscription plan you selected) at the then current subscription fee. You may cancel your subscription at any time in accordance with the instructions above. The same credit card that you used to subscribe initially will be automatically charged on a monthly or yearly basis depending on your subscription plan for as long as you retain your subscription to the Service. At any time, you may change your payment method by accessing by contact email or call customer service at
coach@mypersonaltrainer.co.za or 0861 123 6978. Except where prohibited by law, you agree that MYPT is not obligated to send you any renewal or advance billing notices indicating that your credit card will be or has been charged.
Please note that the only accepted method of payment is by credit card. MYPT does not accept debit card payments at this time. You agree to notify MYPT immediately via the customer service email
coach@mypersonaltrainer.co.za if you discover that the card number you provided to MYPT when you registered for your subscription is a debit card number, or if your credit card information changes.
In conjunction with the Service, certain products or additional services may be offered for sale on the Website. In the event you wish to purchase any goods or subscribe to the Service and become a Member, you will be asked by MYPT to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide MYPT with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the Terms of Use of any agreement that you may enter into governing your purchases on the Website. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
If you subscribe to the Service you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. MYPT reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms without notice. All charges are billed in ZAR (South African Rand) and are subject to other fees which the institution issuing your credit card may impose.
Your right to use the Service is conditional upon MYPT's receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account. You are required to pay any amounts still owed to us at the time your account is suspended or terminated. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your payment information by email or call customer service at
coach@mypersonaltrainer.co.za or 0861 123 6978. If your credit card reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. MYPT may, but is under no obligation to, send you an email reminder when the credit card you use for payment is about to expire, and you agree to receive such email communications and accordingly update your payment information.
To review the billing terms of your account, email or call customer service at
coach@mypersonaltrainer.co.za or 0861 123 6978
Special Offers
From time to time special offers may be made by MYPT. The listing of special offers does not indicate that it is available to you or that it will ever be made to you or all other subscribers or potential subscribers. Special offers shall only be available to you if you receive a valid offer from MYPT. If you have affirmatively responded to one of these special offers, the Terms of Use shall apply that are stated in the special offer promotional materials and any related sign-up procedure.
Electronic and Telephonic Communications
As part of the Service, you will receive periodic email and telephonic communications from MYPT concerning the status of your subscription account, timely notice related to being charged your automatic renewal, and certain promotional opportunities. Except for the promotional offers, you affirmatively consent to receive those emails from the date on which you agree to these Terms of Use despite any previous request you might have made.