Terms and Conditions
TERMS AND CONDITIONS FOR THE VIRGIN ACTIVE MOBILE APPLICATION
1. Introduction:
Please read through these Terms and Conditions carefully. You acknowledge that the fact, nature and effect of all the clauses that pertain to risk or liability, as indicated in bold, have been drawn to your attention and that you have had adequate opportunity to read and understand the terms and conditions and that you understand and agree to be bound by them when accessing the Virgin Active mobile application. Your continued use of the Virgin Active mobile application signifies your agreement to be bound by these Terms and Conditions.
2. Definitions:
In these Terms and Conditions:
"commencement date" means the date on which you agree to be bound by these Terms and Conditions;
"the Corporate" means the health insurer, life insurer, medical insurer, medical aid scheme, health care management company and/or any loyalty/reward programme associated with any of the foregoing, with which you and Virgin Active each have a contractual relationship;
"this agreement" means the Terms and Conditions set out in this document;
"Virgin Active" means Virgin Active South Africa (Pty) Ltd. and\or Virgin Active Botswana (Pty) Ltd.
3. Who can use the app:
All Virgin Active members with valid contract over the age of 14 years can make use of the Virgin Active Mobile Application.
4. Supported Operating Systems:
We support the latest three versions of iOS and Android version 8 and above that supports Google Mobile Services.
5. Undertakings by you:
When you are required to provide Virgin Active with details and personal information you undertake that it will be true, accurate and complete. You accept that the details and information which you have supplied and will supply to Virgin Active will be relied upon by Virgin Active to provide you with the services and for statistical and research purposes.
You undertake not to use, in any circumstances, the trademarks, logos, designs, trade names, the copyright, know-how and patents relating to the Virgin Active mobile application or Virgin Active. If you do use any of these intellectual property rights, you will be liable for any damages that may be suffered, and you may also be liable to criminal prosecution. You indemnify Virgin Active for every single consequence flowing from the unauthorized use of these intellectual property rights.
6. No liability and indemnity:
You acknowledge and accept that you become a member of the Virgin Active mobile application and use these product, services, equipment, software and facilities, including participation in the exercise plans entirely at your own risk. It is your responsibility to determine whether medical clearance is required to participate in any of these products and services and your failure to do so will be at your own risk and could result in serious injury or death. Similarly, following any nutrition plan is at your sole risk and it is your responsibility to ensure that you do not consume food/drinks to which you may have an adverse reaction. You agree that you shall have no claim against Virgin Active, its directors, employees, subcontractors, agents, representatives, consultants, licensees and/or licensors ("Virgin Active") for any loss, damage, harm, injury, death and/or expense which may be suffered by you or by any third party, from any cause whatsoever, howsoever arising (excluding gross negligence), in connection with your membership and/or the use of the Virgin Active mobile application. Damages shall include direct, indirect, general, special, incidental, punitive and consequential damages.
You also acknowledge and accept that Virgin Active have made no representations in regard to any of their competencies or in regard to the safety and/or quality of any of the equipment and/or software supplied or used by Virgin Active in connection with the Virgin Active mobile application and/or the use thereof. You waive any common law warranties which may be applicable in respect of Virgin Active's supply of its products and equipment.
These provisions are binding on your estate, heirs, executors, administrators, parents and/or guardians.
7. Personal information and no liability:
Virgin Active recognises that you wish your personal information to remain private. Virgin Active will not wilfully disclose personally identifiable information to any party other than the Corporate, (and only if there is such an arrangement between Virgin Active and the Corporate allowing this information to be transferred). You hereby authorise Virgin Active to: a) make your personal data available in terms of this clause; b) collect, collate and process your personal data; c) use your personal data for statistical, research and related purposes and d) provide third parties with your data, once it has been depersonalised so that it is not linked to you, for statistical, research and related purposes.
Whilst Virgin Active will take all reasonable steps to ensure and maintain the security and privacy of your personal information, you acknowledge that maintaining complete security and privacy of your personal information is not possible and you agree that you will have no claims against Virgin Active in the event of a failure of security or privacy.
Should your relationship with the Corporate terminate, it is your responsibility to advise Virgin Active, so that Virgin Active can remove your personal information from the data provided to the Corporate.
8. Breach:
If you fail to observe or perform any of the Terms and Conditions of this agreement, then Virgin Active shall be entitled, if it decides to do so, to immediately suspend your entitlement to membership of the Virgin Active mobile application until such time as the breach has been remedied to the satisfaction of Virgin Active, or to terminate this agreement immediately. Whichever remedy Virgin Active may select, it may still claim damages against you and exercise any rights against you which it has in law. Virgin Active has no obligation to notify you in advance of the remedy which it may choose.
9. Cession and Delegation:
You may not cede any of your rights or delegate any of your obligations under this agreement to any person or entity without Virgin Active's consent. Virgin Active shall be entitled to cede, assign or delegate any of its rights and obligations under this agreement to any person or entity without your consent.
10. Domicilium:
You choose domicilium citandi et executandi for all purposes under this agreement, as the physical address, fax number and e-mail address, which have been specified in your Virgin Active membership application form or otherwise.
All notices in terms of this agreement shall be in writing.
If a notice is delivered by hand, it will be deemed to have been received at the time of delivery. If a notice is transmitted by facsimile or e-mail, it shall be deemed to have been received on the first business day following transmission.
11. General:
You consent to the jurisdiction of the Cape High Court in South Africa in respect of any proceedings that may be bought by Virgin Active against you arising out of this agreement.
Either party may elect to refer any dispute to arbitration, to which the other party consents.
This agreement constitutes the entire agreement between Virgin Active and you relating to your membership of the Virgin Active mobile application. Any changes to this agreement must be in writing and may take the form of notifications by Virgin Active to you.
If one or more of these terms are found to be unenforceable, that term shall be deemed to be severable from the remainder of these terms and the remaining terms of this agreement shall in all other respects remain in full force and effect.
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