Terms and Conditions
Terms and Conditions
This website can be found at www.alwaysfitleague.com. This website, related software applications and mobi-sites (the “Website”) are owned and operated by Algoa Fitness PTY Ltd ta Always Fit League (AFL) (“Always Fit League”, “AFL”, “we”, “us” and “our”).
The use of the website is at your own risk. Always Fit League (AFL) takes reasonable measures to make sure that the content on this website is up to date, accurate and complete.
These Terms and Conditions (“Terms and Conditions”) for the Website govern the ordering, sale, use and delivery of Goods/Services, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that uses or accesses this Website (“you”, “your” or “user”). This includes, without limitation, each user who registers as contemplated below (“registered user”). By using the Website and/or by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which, may create risk or liability for the user; and/or, may limit the risk or liability of Always Fit League (AFL) or a third party; and/or, may compel the user to indemnify Always Fit League (AFL) or a third party; and/or, serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Always Fit League (AFL) in terms of the CPA.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Always Fit League (AFL) to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with eBooks, please pay particular attention to clause 10 below, which describes the nature, functionality, usage rights and delivery of eBooks.
Always Fit League (AFL) permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Acknowledgement and acceptance of risk:
The majority of the products/goods/services/information on this website are related to or require physical activity (exercise). Please ensure that you consult with your medical doctor before starting any exercise regime or if you have had any recent illness and or injury, before resuming any exercise/physical activity. By making use of this website or information on this website for physical activity/ exercise and or to purchase exercise equipment/goods/services, you acknowledge that you have chosen to participate in the physical activity programs/make use of equipment provided by Always Fit League (AFL). You are fully aware that the fitness programs, information, goods, services and/or equipment Always Fit League (AFL) offers can be extremely strenuous and can push you to the limits of your physical abilities. You, the user of this website, recognize and understand that the use of information on this website/classes/coaching/goods/services/equipment are not without varying degrees of risk which may include but are not limited to the following: injury to the musculoskeletal and/or cardio respiratory system which can result in serious injury or death due to negligence on the part of the user, your training partners, or other people around you, injury or death due to improper use of equipment/programs/goods/services/equipment, or injury or death due to a medical condition, whether known or unknown to you. You are aware that any of these above may result in serious injury or death. By making use of this website you hereby acknowledge that you have no physical impairments, injuries or illnesses that will endanger you or others and willingly assume full responsibility for any and all risks that you are exposing yourself to and accept full responsibility for any injury or death that may result from participating in classes/coaching/services or making use of information/goods/equipment offered by Always Fit League (AFL).
In full consideration of the above mentioned risks and hazards and in full consideration of the fact that you are willing to participate in the activities/goods/equipment/ services made available by Always Fit League (AFL) on or through this websit, and with your full understanding of all the above, you voluntarily discharge, and hold harmless Always Fit League (AFL), it’s principles, employees and volunteers of any and all liability or actions or rights of action, or damages of any kind related to, arising from, or in any way connected with your participation in Always Fit League (AFL) classes/coaching/services and or use of goods/services/equipment, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. By making used of this website you fully recognize and understand that if you are hurt, die or experience loss of property, you are giving up your right to make a claim or file a lawsuit against Always Fit League (AFL).
By making use of this website you recognize that there are risks involved in the types of classes/coaching and/or use of information/goods/equipment/services on this website that Always Fit League (AFL) offers and therefore, you accept financial responsibility for any injury that you cause either to yourself or to any other participant due to my negligence. By making use of this website you further agree to indemnify, Always Fit League (AFL) , principles, employees and volunteers of any and all liability for the injury or death of any person/s and actions which may result from your negligence or intentional act of omission while participating in classes/coaching/service and/or when making use of information/goods/equipment offered by Always Fit League (AFL).
Use of pictures/film/likeness:
By making use of this website, you further agree to allow Always Fit League (AFL), principles, employees and volunteers to make use of your pictures/film and/or likeness of you for advertising and marketing purposes if you have submitted pictures/film and/or likeness to our website or social media (facebook/Instagram/twitter/other), including the use of our AFL hashtags, such as, but not limited to #alwaysfitleahue #afl #areyouin. In the event that you choose not to allow the use for the same for said purposes, you must withdraw your submitted pictures/film and/or likeness from our website or social media (facebook/Instagram/twitter/other), including the withdrawal use of our AFL hashtags, and you must inform Always Fit League (AFL) in writing to both firstname.lastname@example.org and email@example.com .
Always Fit League (AFL) may allow third party sellers to list and sell their Goods/Service on the Website (each a “Third Party Seller”). Always Fit League (AFL) will indicate on relevant product pages and checkout pages when Goods/Services are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Always Fit League (AFL). This will be made clear in the relevant clause.
The Website enables you to shop online for a number of products and services including but not limited to gym and sports equipment, clothing, shoes, apparel, training, online competition testing and more (“Goods” or “Services”).
Registration and use of the website:
Both registered and unregistered users may order Goods/Services on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Always Fit League (AFL). You can order on our website without registering or my means of using your unique username and password in order to purchase Goods.
For security purposes you agree to enter the correct username and password whenever ordering Goods/Services, failing which you will be denied access.
You agree and warrant that your username and password shall, be used for personal use only; and not be disclosed by you to any third party. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions. You agree to notify Always Fit League (AFL) immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Always Fit League (AFL) representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Always Fit League (AFL) representative.
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
The Returns Policy forms part of these Terms and Conditions. Find our Returns Policy here.
Conclusion of sales and availability of stock
Registered or unregistered users may place orders for Goods/Services, which Always Fit League (AFL) or the Third Party Seller may accept or reject. Whether or not Always Fit League (AFL) or the Third Party Seller accepts an order depends on the availability of Goods/Services, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Always Fit League (AFL) for the Goods/Services.
NOTE: Always Fit League (AFL) or the Third Party Seller will indicate the acceptance of your order by delivering the Goods/Services to you or allowing you to collect them, and only at that point will an agreement of sale between you and Always Fit League (AFL) or the Third Party Seller come into effect (the “Sale Transaction”). This is regardless of any communication from Always Fit League (AFL) stating that your order or payment has been confirmed. Always Fit League (AFL) will indicate the rejection of your order (by Always Fit League (AFL) itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Certain Goods/Services may not be purchased for re-sale. Should we suspect that any such Goods/Services are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
Prior to delivery or your collection of the Goods/Services, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods/Services, you may return the Goods/Services only in accordance with the Returns Policy.
Placing Goods/Services in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods/Services, and as such, Goods/Services may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Always Fit League (AFL) or the Third Party Seller liable if such Goods/Services are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods or Services on offer are limited and that pricing may change at any time without notice to you. In the case of Goods/Services for sale by Always Fit League (AFL), Always Fit League (AFL) will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods/Services are no longer available after you have placed an order, Always Fit League (AFL) will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
In the case of Goods/Services for sale by a Third Party Seller, Always Fit League (AFL) relies on inventory information supplied by the relevant Third Party Seller and Always Fit League (AFL) accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods/Services from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
Delivery of goods
Always Fit League (AFL) offers 2 (two) methods of delivery of Goods/Services to you. You may elect delivery via: courier; or self-collection.
Where it accepts your order, Always Fit League (AFL) or the Third Party Seller will deliver the Goods/Services to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”) unless an extended lead time has been given and agreed upon. We will notify you if we are unable to deliver the Goods/Services during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods/Services. If you elect to cancel your order, we will reimburse you for the purchase price.
For more information about delivery, please see our FAQs: Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
Always Fit League (AFL) obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Always Fit League (AFL) is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Whether the Goods/Services are for sale by Always Fit League (AFL) or a Third Party Seller, payment can be made for Goods via –
1) debit card or
2) credit card.
Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
Or 3) direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Always Fit League (AFL) will not accept your order if payment has not been received;
Or 4) Instant EFT;
Or 5) cash on delivery (except where any exclusions may apply – see our FAQ); by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.
The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
You may contact us on firstname.lastname@example.org to obtain a full record of your payment. We will also send you email communications about your order and payment.
Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods/Services.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods/Services on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Always Fit League (AFL) shall not be bound by any incorrect information regarding our Goods/Services displayed on any third party websites.
Gift Vouchers & Coupons
Always Fit League (AFL) may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Always Fit League (AFL) Goods/Services. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
Gift Vouchers that are purchased by registered users are valid for 10 months after Sale. Gift Vouchers that Always Fit League (AFL) gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
Always Fit League (AFL) cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place you may make up the difference by paying via one of our other payment methods.
Always Fit League (AFL) is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R200 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 15% off (“Percentage Coupon“).
Coupons are issued in Always Fit League’s (AFL) sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
As a general rule, and unless specified otherwise on the specific Coupon itself:
1. each Coupon can only be used once;
2. only one Coupon can be used per order;
3. only one Coupon can be used on the Website per person per promotion/campaign;
4. Percentage Coupons may only be redeemed on purchases with a total cart value of less than R10,000;
5. where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
6. a Coupon must be used at check-out – it cannot be used later on existing orders; and
7. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Always Fit League (AFL) is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us on email@example.com to confirm if the Coupon is still valid. If Always Fit League (AFL) confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Always Fit League (AFL), before you are able to use a Coupon.
Sales and other discounted Goods
From time to time, we may offer certain Goods/Services at discounted prices as part of Sales, or any other temporary deal which are explained below (each a “Sale”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Sale. If you buy a product within the scope of a Sale, you will pay the discounted price for that product (the “Sale Price”).
However, if you buy a product in a manner that falls outside of the scope of a Sale, then you will pay the then current (non-Sale) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Sale.
For example: if you buy more than one product in a Sale, you will pay the Sale Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Sale, you will pay the Normal Price for all such products falling outside the scope of the relevant Sale.
Sales are at our discretion and will take place for a specific period of time. Please note that Sales may have a stock limit and may expire earlier if stock runs out.
We do not guarantee a specific saving. The extent of the Sale or discount is at the sole discretion of Always Fit League (AFL).
Adding Sales item to your cart, or completing your order for a Daily Sales without paying for it, does not reserve the item for you. Always Fit League (AFL) must receive payment from you within 24 hours of you placing your order for a Daily Sale, otherwise we will cancel your order.
Always Fit League (AFL) will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because Always Fit League (AFL) may only receive payment from you a few days later, and in the meantime the Daily Deal might sell out to customers paying immediately.
The List Price shown in respect of Daily Sales and other discounted Goods/Services is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third Party Seller, the List Price may be provided by the Third Party Seller.
By purchasing anything on this site, you are also automatically opting in for our newsletters (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods/Services purchased.
An “eBook” means an electronic book capable of being opened and read on your PC or Mac computer using Adobe Digital Editions software (“Adobe Reader”). Your access to any eBook purchased by you from us will be granted via a link to such eBook) (the “Link”).
IMPORTANT – Limits to functionality and usage of eBooks:
You will not be able to read eBooks on devices that do not support either of the Reader Applications, therefore check your device prior to purchasing an eBook.
Even if a device supports either of the Reader Applications, eBooks will only be able to be read on such devices that you have associated with your profile in the relevant Reader Application. If you have not registered additional devices with one of the Reader Applications, you will only be able to read the eBook on the device onto which it was first downloaded.
You will need to be connected to the internet when you download an eBook and open it for the first time. On subsequent openings of the eBook, you will not need to be connected to the internet, provided you are opening the eBook from the device on which you first downloaded and opened the eBook.
Ordering eBooks: When ordering an eBook from us, you will be ordering the right to download such eBook from the relevant publisher and consequently, if Always Fit League (AFL) accepts your order, delivery will take place electronically via the internet as described below.
Delivery of eBooks:
Where Always Fit League (AFL) accepts your order, upon receipt or confirmation of payment, we will obtain your Link to the relevant eBook from the relevant eBook publisher and deliver such Link to you in your “LibraryBox” page on the Website. The speed of delivery of a Link will depend on a variety of factors, most of which are internet related and beyond our control (such as server availability, ADSL lines etc) and as such, Always Fit League (AFL) does not hereby undertake to make delivery within any specific timeframe. However, as a guide only, delivery should occur within a few seconds, but can also take up to a number of hours. You will be able to access and click on the Link at any time following delivery thereof to you, subject to certain restrictions. Please note the following restrictions: So as to reduce the risk of fraud, eBook publishers limit the number of times any Link can be clicked before access to the Link is blocked. You will be able to click on such Link at least once, but acknowledge that access to the Link may become blocked after your first click so as to prevent fraud; The Link will not appear if you have removed it, or Always Fit League (AFL) has removed it pursuant to your having ‘returned’ the eBook (if possible in accordance with Always Fit League (AFL) Returns Policy pertaining to eBooks from time to time); Always Fit League (AFL) does not guarantee that eBook publishers will make their eBooks available for download indefinitely and Always Fit League (AFL) accepts no responsibility or liability to you or any other person if, upon your accessing and clicking the Link, the relevant eBook publisher no longer has the eBook available for download via such Link, provided that, if you discover and report such a problem within 6 months of your receipt of the Link, you will be entitled to a full refund of the purchase price paid therefor.
We do not charge any delivery fees for electronic delivery of the relevant eBook link, however, you may incur costs (eg internet service provider fees) associated with downloading the eBook, and we will not under any circumstances be liable for any such costs incurred by you.
Practical issues to note in utilising the Link to download the eBook:
1. The Link will contain your unique reference number as allocated by the publisher of the eBook. By clicking on the Link, a small locator file, unique to you, will be downloaded and will give you access to the eBook.
2. IMPORTANT: the locator file required in order to access the eBooks will only be downloaded IF the device you are using to click the Link is already associated with the relevant Reader Application (i.e. if you are using a PC or Mac to click on the Link, you must have the Adobe Reader installed on that PC/Mac.
3. If you have any problems relating to the functionality of your Link, please report same to us on firstname.lastname@example.org so that we can assist you in resolving the problem.
Returns of eBooks: Please refer to our Returns and Cancelations.
Illegal use of eBooks:
All eBooks are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of eBooks is intended for your personal and non-commercial use. Any other use of eBooks purchased from us is strictly prohibited.
You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of eBooks, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ eBooks to any other person. You may also not do anything which otherwise contravenes any licence conditions imposed by the publisher, as described on the relevant eBook’s product detail page. These aforementioned prohibitions are hereinafter referred to as “Illegal Activities”.
By downloading any eBook, you hereby acknowledge and agree to these Terms and Conditions. You hereby undertake that you shall not do nor try to do any of the Illegal Activities. You hereby indemnify Always Fit League (AFL) from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against Always Fit League (AFL) which arise from or in relation to your having participated in any Illegal Activities in relation to any eBook sold by Always Fit League (AFL).
For more information and assistance, please refer to our FAQ’s: eBooks, which are incorporated by reference:
Online Course/Coaching Codes
An “Online Course/Coaching” is a form of distance learning/coaching which allows you to develop your skills and knowledge on a certain topic, via the internet. In order to complete an online course, you need to have your own email account and access to the internet. You do not need to attend classes or visit an education campus. On completion, you will typically receive a digital certificate. Some online courses/coaching may require you to complete an assessment (also done online) to complete the course. Online Courses/Coaching are accessible by means of an Online Course Code.
An “Online Course/Coaching Code” is a unique digital code that can be redeemed on the respective websites of certain Online Course/Coaching providers. Upon redeeming the Online Course/Coaching Code on the website of such Online Course/Coaching providers, you will either be enrolled for the particular course automatically, or you will be given credit on the Online Course/Coaching provider’s website which will enable you to enrol for the particular course you have purchased. Your access to any Online Course/Coaching Code purchased by you from us will be granted via the unique digital code that will be sent to you by email, to the email address we have on file.
IMPORTANT – Limitations relating to Online Course/Coaching Codes
You will not be able to use Online Course/Coaching Codes and / or access Online Courses/Coaching through the Always Fit League (AFL) website. You will have to utilise the Online Course Code and Online Course through the relevant Online Course provider’s website.
You will need to be connected to the internet when you use an Online Course/Coaching Code and / or access the Online Course/Coaching. Subsequent usage and access thereof will be subject to the specific Online Course/Coaching provider’s website usage restrictions.
Ordering Online Course/Coaching Codes: when ordering Online Course/Coaching Codes from us, you will be ordering the right to access an Online Course from the relevant Online Course/Coaching provider, on their website. Consequently, if Always Fit League (AFL) accepts your order, delivery will take place electronically via the internet as described below:
Where Always Fit League (AFL) accepts your order, upon receipt of confirmation of payment, we will obtain your Online Course/Coaching Code to the relevant Online Course/Coach and deliver it to you via the email we have on file. For information on speed of delivery please refer to the appropriate clause above.
PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
So as to reduce the risk of fraud, Online Course/Coaching providers limit the number of times any Online Course/Coaching Code can be applied to one application and you acknowledge that usage of the Online Course/Coaching Code may become blocked after your first use so as to prevent fraud;
Access to the Online Course may be denied if you have completed the Online Course/Coach, or Always Fit League (AFL) has removed it pursuant to your having ‘returned’ the Online Course/Coach (if possible in accordance with Always Fit League’s (AFL) Returns Policy pertaining to Online Course Codes from time to time);
Always Fit League (AFL) does not guarantee that Online Course providers will make their Online Courses available for download and use indefinitely and Always Fit League (AFL) accepts no responsibility or liability to you or any other person if, upon your utilising the Online Course Code, the relevant Online Course is no longer available, provided that, if you discover and report such a problem within 6 months of your receipt of the Online Course Code, you will be entitled to a full refund of the purchase price paid therefor.
We do not charge any delivery fees for electronic delivery of the relevant Online Course Code, however, you may incur costs (eg internet service provider fees) associated with accessing and using the Online Course/Coaching, and we will not under any circumstances be liable for any such costs incurred by you.
Practical issues to note in utilising the Online Course/Coaching Code:
The Online Course Code is your unique code as allocated by the Online Course/Coaching provider for a particular Online Course/Coach.
By utilising the Online Course/Coach Code on the relevant Online Service provider’s website you may be required to sign up and register on an Online Course/Coach provider website, which you acknowledge is in no way affiliated, associated with or linked to Always Fit League (AFL).
If you have any problems relating to the usage of your Online Course/Coaching Code, please report same to us email@example.com so that we can assist you in resolving the problem.
Return of Online Course/Coaching Codes: please refer to our Returns and Cancellations.
Illegal use of Online Course/Coaching Codes:
By purchasing any Online Course/Coach Code and/or accessing any Online Courses/Coaching you acknowledge and agree that the provisions mentioned are applicable to the usage and access thereof.
You hereby acknowledge and agree to these Terms and Conditions and undertake that you shall not do nor try to do any of the Illegal Activities. You hereby indemnify Always Fit League (AFL) from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against Always Fit League (AFL)which arise from or in relation to your having participated in any Illegal Activities in relation to any Online Course/Coaching Code sold by Always Fit League (AFL).
For more information and assistance, please refer to our FAQ’s: Online Course/Coaching Codes, which are incorporated by reference.
Third Party Sellers
Always Fit League (AFL) will indicate on relevant product pages and checkout pages when Goods/Services are for sale by a Third Party Seller. In such cases Always Fit League (AFL) only provides the platform to facilitate transactions between Third Party Sellers and Always Fit League (AFL) customers. Always Fit League (AFL) is neither the buyer nor the seller of these Goods/Services unless otherwise specified.
The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods/Services that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Always Fit League (AFL) is not a party to that sale.
The Third Party Seller is solely responsible for fulfilment of delivery of the Goods/Services. The Third Party Seller is also responsible to provide an invoice to the registered user if required.
Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods/Services sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods/Services sold and will not be in a position to issue a tax invoice in respect thereof.
Because Always Fit League (AFL) wants the registered user to have a safe and consistent experience, Always Fit League (AFL) will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Always Fit League’s (AFL) own Returns Policy. Should such claim escalate into being a dispute, although Always Fit League (AFL) is entitled to become involved in an attempt to resolve it, Always Fit League (AFL) is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
In relation to eBooks –
Changes to these Terms and Conditions
Always Fit League (AFL) may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Ownership and copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Always Fit League (AFL), its advertisers and/or sponsors and/or is licensed to Always Fit League (AFL).
You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us on firstname.lastname@example.org.
Where any of the Website Content has been licensed to Always Fit League (AFL) or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst Always Fit League (AFL) takes reasonable measures to ensure that the content of the Website is accurate and complete, Always Fit League (AFL) makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Always Fit League (AFL) representatives, Always Fit League (AFL) shall not be bound thereby.
Always Fit League (AFL) disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
Although Goods/Services sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of Always Fit League (AFL), its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Always Fit League (AFL) also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Always Fit League (AFL), its employees, agents or authorised representatives. Always Fit League (AFL) thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Linking to third party websites
This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Always Fit League (AFL) is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Limitation of liability
Always Fit League (AFL) cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Always Fit League (AFL), its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to email@example.com.
Always Fit League (AFL) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
YOU HEREBY INDEMNIFY ALWAYS FIT LEAGUE (AFL) AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Availability and termination
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
Always Fit League (AFL) may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Always Fit League (AFL) will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods/Services, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Always Fit League (AFL) is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Always Fit League (AFL) to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Always Fit League (AFL), in whole or in part, on notice to you. Always Fit League (AFL) shall only be liable to refund monies already paid by you (see Always Fit League’s (AFL) Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using the Website, with or without notice to Always Fit League (AFL).
Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and Always Fit League (AFL), you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Eastern Cape Division, Port Elizabeth) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Always Fit League (AFL) hereby selects 56, 3rd Avenue, Newton Park, Port Elizabeth as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Always Fit League (AFL)may change this address from time to time by updating these Terms and Conditions.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Always Fit League (AFL) not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent – by hand will be deemed to have been received on the date of delivery; by prepaid registered post, will be deemed to have been received 10 days after the date of posting; by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via firstname.lastname@example.org or you can contact our call centre on 0784517637.
If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: email@example.com
For the purposes of the ECT Act, Always Fit League’s (AFL) information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: Algoa Fitness (Pty) Ltd ta Always Fit League (AFL), a private company registered in South Africa with registration number 2013/064778/07
Main business: Online retailer/service provider
Physical address for receipt of legal service (also postal and street address): 56, 3rd Avenue, Newton Park, port Elizabeth, 6001 (marked for attention: CEO and Legal)
CEO: David Levey
Phone number: +27 78 4517637
Email address: firstname.lastname@example.org
Always Fit League (AFL) may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Always Fit League (AFL) to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and Always Fit League (AFL) and no other warranty or undertaking is valid, unless contained in this document between the parties.