1.  important that you read and understand these terms and conditions.  If there is any aspect which you do not understand, please contact us at app@fitnessbykirsten.com for an explanation.  Until you are entirely satisfied with the terms and conditions as set out below, please do not use any of our content.

2. In these terms and conditions of use, Fitness by Kirsten Proprietary Limited shall be referred to as “FBK”, “we” or “us” and any user of any service offered by FBK, including the FBK content (as defined below) shall be referred to as “you” or “the user”.

3. These terms and conditions shall govern the relationship between FBK and you and between FBK and every user of the FBK content (as hereinafter defined), including but not limited to the FBK computer application, the FBK website, the FBK Streaming services, FBK videos, all and any articles, blogs, recipes, images, exercise routines and all information or documentation (in any format whatsoever, including digital, written, rendered or published in any and every form) and all content in respect of the aforegoing (cumulatively and separately “the FBK content”) and, by viewing or making use of the FBK content in any way whatsoever, you agree to these terms and conditions and you accept them.

4. By viewing or using any of the BFK content, you agree to the terms and conditions hereof binding you and governing your relationship with us.

5. Should you act in any capacity other than as a natural person, you warranBKthat you are duly authorised to represent the legal person concerned and that you are authorised to bind them to these terms and conditions.

6. These terms and conditions may be amended, updated, upgraded, changed or varied (“amendments”) by FBK at any time and such amendments shall take effect from the date on which such amendments are first published on either the FBK website or the FBK application.  If you continue to make use of the FBK content, you agree to the amendments.

7. You may subscribe for services and to make use of the FBK content by creating an account and, in order to do so, you shall provide the information required by FBK for this purpose. You warrant that all information provided is accurate and true and that FBK may rely on it and may communicate with you by using the information provided.  If you create an account, you give consent to receive promotional literature and material, as well as other communications from FBK.

8. You may not create an account unless you are older than 18 and, if you are younger than 18, you shall obtain the permission of your parent or guardian in order to create an account and to make use of the FBK content.

9. You at all times remain entirely responsible for all and any activity that occurs in respect of your account and you take a full and complete responsibility for the use thereof. You undertake to keep your account details confidential and not to disclose the details of your account, your login details or any other aspect of the FBK content to any third party. If your account is used in any unauthorised manner or if any third party has access to your account, uses it or accesses the FBK content via you or your account, you will notify us immediately and provide us with full details of the circumstances pertaining thereto.  

10. We shall use our reasonable commercial endeavours to keep all and any information provided by you to us confidential and we shall use all reasonable measures to protect your privacy and not to disclose any personal details provided by you to us. However, when you create an account, you agree that we may use such information and account details to communicate with you and to store same for record purposes.

11. If and when you purchase any of the FBK content, including by way of subscription, you shall make payment of the amount specified in a lawful manner and we may charge value added tax to any and all purchases of FBK content made by you.  If there are any inter-bank transfer fees, currency fluctuations or circumstances which increase the costs of accessing or using the FBK content, these additional fees shall be payable by you in addition to the FBK charges.

12. All prices charged shall be charged at the then applicable rate or purchase price thereof, including subscription prices, subject to change, with such change taking place on the publication thereof on the FBK website or FBK Application.

13. Once a purchase has been made, such purchase and payment in respect thereof are non-refundable and the user shall not be entitled to any discounts or rebates, notwithstanding the use, or non-use, of the FBK content.

14. Should FBK offer any free service, discounted service, rebates or special offers, they shall be strictly on the terms so offered and, upon termination thereof, the standard prices and terms shall apply.

15. Should any subscription be purchased, such subscription shall be on the terms offered at that point in time and, unless specified otherwise expressly, subscriptions may be renewed automatically at the termination thereof and in the sole discretion of FBK. You expressly consent to such automatic renewal.

16. By purchasing any FBK content, you are licensed to use same strictly in accordance with the terms applicable thereto as at the date of purchase and on no other terms. In the event that there is a difference between the terms offered in respect of any particular FBK content and the terms of these terms and conditions, the specific terms applicable shall apply in addition to the contents of these terms and conditions. 

17. You may not sell, transfer, cede, assign, make over or in any way alienate any FBK content and all FBK content remains the sole and exclusive property of FBK.  FBK content may not be redistributed or published by you in any manner whatsoever. It may not be altered, decompiled or adapted in any way at all. All and any intellectual property rights, including but not limited to copyright, in and to all F BK content vest entirely in and belong exclusively to FBK and FBK remains the sole and exclusive proprietor thereof.  FBK has the exclusive right to exploit the FBK content and you agree that you shall have no right whatsoever, in any form or manner, to use the FBK content other than in accordance with these terms and conditions.

18. You agree to use the FBK content for your own personal and non-commercial use and not to use same to generate income for yourself or for any third party other than FBK.

19. To the extent that you communicate with FBK or submit comments or content to us in any form, you grant FBK a worldwide, royalty-free, irrevocable, non-exclusive and perpetual right and license to use such content in any format and way and, should FBK use such content, it shall automatically become part and parcel of the FBK content thereafter. You expressly agree that any content provided by you to FBK may be published, distributed, transmitted, copied, adapted, amended, varied and exploited in the exclusive discretion of FBK.

20. Any content submitted by you to FBK shall be lawful and will not infringe any third parties’ rights, including their intellectual property rights in and to such content. Any content submitted by you shall belong solely and exclusively to you and shall be true and correct and not false or misleading in any way.

21. You expressly agree that your use of any FBK content takes place entirely at your own risk and that FBK shall not be liable or responsible for any consequences of the use of any FBK content. You agree to indemnify and hold harmless FBK, its directors, shareholders, employees, agents, servants, officers, consultants, instructors, distribution partners, publicists, suppliers and all other parties associated with FBK from all harm, injury, claims, damages, losses, death, or negative consequence related to or in any way associated with the use of FBK content.

22. You acknowledge that FBK has not provided any warranties, guarantees, assurances or representations in respect of any FBK content and that the use thereof takes place entirely voluntarily by you and that the indemnity provided above is provided in the full knowledge by you of the consequences thereof.

23. Should any dispute arise in respect of the use of FBK content, your rights or the rights of FBK, the provisions of these terms and conditions or in respect of any matter which arises out of or derives from the FBK content, such dispute shall be resolved by arbitration before an arbitrator appointed by the Arbitration Foundation of Southern Africa (Western Cape) in accordance with the Commercial Rules thereof. The arbitration shall be held in Cape Town, South Africa as soon as possible after the dispute arises, it being the common intention of the parties for the dispute to be resolved expeditiously.

24. The agreement to resolve disputes by arbitration shall not preclude any party obtaining interim relief (including by way of interdict or injunction) from a South African court of competent jurisdiction pending the determination of the arbitration.

25. These terms and conditions and your relationship with FBK shall be governed exclusively by the law of the Republic of South Africa and, notwithstanding anything to the contrary contained in any law of any other jurisdiction, only South African law shall apply to FBK and to the FBK content.  To the extent necessary, you waive, abandon and agree not to rely on the law any other jurisdiction whatsoever or to take action in any other forum or court in relation to FBK or the FBK content.  

26. You agree specifically that the provisions of these terms and conditions are fair and reasonable and that, because FBK is based in South Africa, it is entirely reasonable for disputes to be resolved there, notwithstanding that you may be reside elsewhere.

27. Neither you nor FBK shall be liable for any breach, failure, loss or claim arising from or caused by, directly or indirectly, circumstances beyond the reasonable control of either of the parties including, but not limited to, acts of God, civil unrest, natural disasters, pandemics, epidemics, strikes, electrical failures, interruption of Internet services, power failures, telecommunications failures, government actions and the like, such circumstances being construed in the broadest possible terms.

28. These terms and conditions constitute the sole record of the relationship between you and FBK are no amendments or variations to these terms and conditions shall be of any force and effect unless reduced to writing and signed by both parties. Should any term in these terms and conditions be found to be unenforceable or invalid, that term shall be severed from these terms and conditions and considered to be pro non-scripto.