TERMS AND CONDITIONS FOR USERS OF BODYCOACH APP

 

Please read these Terms and Conditions ("Terms") carefully before using the BodyCoach mobile application ("App") operated by HSG Solutions (Pty) Ltd ("BodyCoach", "us", "we", or "our"). By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the App.

 

Accounts

 

1. To access and use the App, you must register for an account ("Account") by providing your name, email address, and other required information. You are responsible for maintaining the confidentiality of your password and are responsible for any activities that occur under your Account. You agree to immediately notify BodyCoach of any unauthorized use or suspected unauthorized use of your Account or any other breach of security.

 

Services

 

2. The App allows you to book fitness and wellness services provided by qualified and approved service providers ("Service Providers"). By booking a service through the App, you acknowledge and agree that the Service Provider is solely responsible for the delivery and quality of the service.

 

Fees and Payments

 

3. You agree to pay the fees for services booked through the App using the official payment gateway, Payfast. Fees may include taxes, levies, or other charges, as applicable. You understand and acknowledge that BodyCoach may charge a commission fee on the transactions facilitated through the App.

 

Digital Loyalty Program

 

4. By using the App, you may participate in the digital loyalty program offered by BodyCoach. The loyalty program is subject to its own terms and conditions, which may be amended by BodyCoach at any time, with or without notice. You agree to participate in the loyalty program in good faith and in compliance with its terms and conditions.

 

Cancellation Policy

 

5. By booking a service through the App, you agree to adhere to BodyCoach's cancellation policy. The cancellation policy may include penalties for late cancellations or no-shows. BodyCoach reserves the right to modify its cancellation policy at its discretion.

 

Client Feedback and Ratings

 

6. You may have the opportunity to provide feedback and ratings on the services provided by the Service Providers. You agree to provide honest, fair, and accurate feedback and acknowledge that BodyCoach may use such feedback and ratings for quality control and marketing purposes.

 

User Conduct

 

7. You agree to use the App in a lawful manner and comply with all applicable laws, regulations, and industry standards. You agree not to use the App for any purpose that is illegal, harmful, or otherwise objectionable. You agree not to harass, abuse, threaten, or otherwise harm other users, Service Providers, or BodyCoach employees.

 

Intellectual Property

 

8. All intellectual property rights in the App, including but not limited to, trademarks, copyrights, and patents, are the property of BodyCoach or its licensors. You agree not to reproduce, distribute, modify, or create derivative works from the App, or any part thereof, without the express written permission of BodyCoach.

 

Limitation of Liability

 

9. To the maximum extent permitted by law, BodyCoach shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of your use of the App or your reliance on any information obtained through the App.

 

Indemnification

 

10. You agree to indemnify, defend, and hold harmless BodyCoach, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the App.

 

Termination

 

11. BodyCoach reserves the right to terminate your access to the App at any time, with orwithout cause, and without notice. You may also terminate your use of the App by deleting your Account and discontinuing your access to the App. Upon termination, you shall cease all use of the App, and any rights granted to you under these Terms shall immediately terminate.

 

Changes to Terms and Conditions

 

12. BodyCoach reserves the right to update or modify these Terms and Conditions at any time. Changes will be effective immediately upon posting the updated Terms and Conditions in the App. Your continued use of the App after any such changes constitutes your acceptance of the new Terms and Conditions. It is your responsibility to regularly review these Terms and Conditions to stay informed of any updates.

 

Governing Law and Jurisdiction

 

13. These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which BodyCoach is incorporated, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction for the resolution of any disputes arising out of or relating to these Terms and Conditions or your use of the App.

 

Severability

 

14. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

 

Waiver

 

15. No waiver of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition, and any failure of BodyCoach to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

 

Entire Agreement

 

16. These Terms and Conditions, together with any applicable privacy policy and other terms and conditions specifically referenced herein, constitute the entire agreement between you and BodyCoach with respect to your use of the App and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between you and BodyCoach.

 

Third-Party Services and Integrations

 

17. The App may contain links to third-party websites, services, or applications that are not owned or controlled by BodyCoach. BodyCoach does not endorse or assume any responsibility for any such third-party sites, services, or applications. If you access a third-party website, service, or application from the App, you do so at your own risk, and you understand that these Terms and Conditions do not apply to your use of such third-party content. You expressly relieve BodyCoach from any and all liability arising from your use of any third-party website, service, or application.

 

Force Majeure

 

18. BodyCoach shall not be held responsible or liable for any failure or delay in the performance of its obligations under these Terms and Conditions due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labour disputes, embargoes, government orders, or any other force majeure event.

 

No Partnership or Agency

19. Nothing in these Terms and Conditions shall be construed as creating a partnership, joint venture, or agency relationship between you and BodyCoach. You agree that you have no authority to bind BodyCoach in any manner, and you shall not represent to any person that you are an agent, partner, or joint venturer of BodyCoach.

 

Assignment

 

20. BodyCoach may assign its rights and obligations under these Terms and Conditions without your consent. You may not assign your rights and obligations under these Terms and Conditions without the prior written consent of BodyCoach.

 

Notifications and Communications

 

21. BodyCoach may send you notifications, messages, or other communications within the App or via the email address associated with your Account. By using the App, you consent to receiving such communications from BodyCoach. If you do not wish to receive certain types of communications, you may opt-out by following the instructions provided in the communication or by adjusting your notification settings within the App or your Account.

 

Feedback

 

22. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the App ("Feedback"). You may submit Feedback by contacting us through the contact information provided in the App. By submitting Feedback, you grant BodyCoach a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

 

Governing Law and Jurisdiction

 

23. These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which BodyCoach is located, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of the jurisdiction in which BodyCoach is located to resolve any dispute or claim arising from these Terms and Conditions or your use of the App.

 

Severability

 

24. If any provision of these Terms and Conditions is deemed invalid, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

 

Waiver

 

25. No waiver of any provision of these Terms and Conditions by BodyCoach shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by BodyCoach to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

 

Changes to Terms and Conditions

 

26. BodyCoach reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, BodyCoach will provide reasonable notice prior to the new terms taking effect. Your continued use of the App following the posting of any changes to the Terms and Conditions constitutes your acceptance of those changes. If you do not agree to the revised Terms and Conditions, you must stop using the App.

 

Headings

 

27. The headings used in these Terms and Conditions are for reference purposes only and shall not affect the meaning or interpretation of these Terms and Conditions.

 

Entire Agreement

 

28. These Terms and Conditions, along with any applicable Privacy Policy and Service Provider Agreement, constitute the entire agreement between you and BodyCoach concerning your use of the App and supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral, between you and BodyCoach regarding the subject matter hereof.

 

Contact Information

 

29. If you have any questions or concerns regarding these Terms and Conditions or your use of the App, please contact BodyCoach at hsgsolutions@eazi-apps.co or +27 (0) 10 035 5555

 

 

 

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BodyCoach App Privacy Policy

 

Introduction

 

At BodyCoach, we are committed to protecting the privacy and security of your personal data. This Privacy Policy describes how we collect, use, and process your personal data when you use the BodyCoach app ("App") and the rights you have concerning your personal data.

 

By using the App, you agree to the terms of this Privacy Policy, and you consent to the collection, use, and disclosure of your personal data as described herein. If you do not agree with the terms of this Privacy Policy, please do not use the App.

 

Data Controller

 

1. BodyCoach is the data controller and responsible for your personal data. If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us using the contact information provided in the App or on our website.

 

Personal Data We Collect

 

2. When you use the App, we may collect the following personal data:

 

1. 1. Account Information: When you register for an account, we collect your name, email address, password, and other information required for account creation.

 

1. 2. Profile Information: We may collect additional information from you, such as your profile picture, gender, date of birth, location, and fitness preferences.

 

1. 3. Payment Information: If you make payments through the App, we collect your payment information, such as your credit card or bank account details. This information is processed by our third-party payment processor, Payfast, and is subject to their privacy policy.

 

1. 4. Usage Information: We collect information about how you use the App, such as the services you book, the Service Providers you interact with, your booking history, and your participation in the loyalty program.

 

1. 5. Technical Information: We collect information about your device and your use of the App, such as your IP address, device type, operating system, and App usage data.

 

How We Use Your Personal Data

 

3. We use your personal data for the following purposes:

 

1. 1. To provide and maintain the App and our services.

 

1. 2. To personalize your experience and deliver content and services tailored to your interests.

 

1. 3. To process payments and manage your account.

 

1. 4. To communicate with you about updates, promotions, and other information related to the App and our services.

 

1. 5. To provide customer support and resolve any issues you may have.

 

1. 6. To monitor and analyze the usage of the App to improve its performance and functionality.

 

1. 7. To ensure the security of the App and protect against unauthorized access or fraudulent activity.

 

1. 8. To comply with legal obligations and enforce our Terms and Conditions.

 

Legal Basis for Processing

 

4. We process your personal data based on one or more of the following legal bases:

 

1. 1. Your consent: In some cases, we process your personal data based on your consent, such as when you create an account or opt-in to receive marketing communications.

 

1. 2. Performance of a contract: We process your personal data to provide the services you request and fulfill our contractual obligations to you.

 

1. 3. Legitimate interests: We process your personal data for our legitimate interests, such as improving the App, maintaining its security, and providing customer support, as long as our interests do not override your rights and interests.

 

 

 

 

Data Retention

 

5. We retain your personal data for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.

 

Your Rights

 

6. Under the GDPR, you have the following rights concerning your personal data:

 

1. 1. Access: You have the right to access the personal data we hold about you.

 

1. 2. Rectification: You have the right to request the correction of any inaccurate or incomplete personal data we hold about you.

 

1. 3. Erasure: You have the right to request the deletion of your personal data under certain circumstances, such as when the data is no longer necessary for the purposes for which it was collected.

 

1. 4. Restriction: You have the right to request the restriction of the processing of your personal data under certain circumstances, such as when you contest the accuracy of the data or when the processing is unlawful.

 

1. 5. Data Portability: You have the right to request the transfer of your personal data to another organization or to you directly in a structured, commonly used, and machine-readable format.

 

1. 6. Objection: You have the right to object to the processing of your personal data based on our legitimate interests, unless we demonstrate compelling legitimate grounds for the processing that overrides your rights and interests.

 

1. 7. Withdraw Consent: If we process your personal data based on your consent, you have the right to withdraw your consent at any time. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

 

1. 8. Lodge a Complaint: You have the right to lodge a complaint with a supervisory authority, such as the data protection authority in your country or the Information Commissioner's Office (ICO) in the UK.

 

To exercise any of these rights, please contact us using the contact information provided in the App or on our website.

 

Data Sharing and Transfers

 

7. We may share your personal data with third parties for the following purposes:

 

1. 1. Service Providers: We share your personal data with third-party service providers who help us provide and maintain the App, such as payment processors, hosting providers, and analytics providers. These service providers are contractually obligated to protect your personal data and use it only for the specific purposes for which it was shared.

 

1. 2. Legal Requirements: We may disclose your personal data if required by law, in response to a court order or a subpoena, or in connection with an investigation or legal proceeding.

 

1. 3. Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, your personal data may be transferred to the new entity as part of the transaction.

 

1. 4. We may transfer your personal data to countries outside the European Economic Area (EEA) for the purposes described in this Privacy Policy. When we transfer your personal data outside the EEA, we will ensure that appropriate safeguards are in place to protect your personal data, such as the use of standard contractual clauses approved by the European Commission.

 

Security

 

1. 5. We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, disclosure, alteration, or destruction. However, no method of data transmission or storage can be 100% secure, and we cannot guarantee the absolute security of your personal data.

 

Changes to This Privacy Policy

 

1. 6. We may update this Privacy Policy from time to time to reflect changes in our privacy practices or applicable laws. We will notify you of any material changes by posting the updated Privacy Policy on the App or by sending you an email notification. Your continued use of the App after the effective date of the updated Privacy Policy constitutes your acceptance of the updated terms.

 

Age Limitations

 

8. We do not knowingly collect personal data from children under the age of 16. If you are under 16, please do not use the App or provide any personal data to us. If we become aware that we have collected personal data from a child under the age of 16, we will take steps to delete that data as soon as possible.

 

 

 

 

Third-Party Links

 

9. The App may contain links to third-party websites or services. We are not responsible for the privacy practices or the content of these third-party websites or services. We encourage you to review the privacy policies of any third-party websites or services you access through links in the App.

 

Data Retention

 

10. We retain your personal data for as long as necessary to fulfil the purposes for which it was collected, comply with our legal obligations, resolve disputes, and enforce our agreements. When we no longer need your personal data, we will securely delete or anonymize it.

 

Contact Information

 

11. If you have any questions or concerns regarding our Privacy Policy or practices, please contact us at:

 

HSG Solutions (Pty) Ltd

100B Venice Road, Durban, 4001

hsgsolutions@eazi-apps.co

+27 (0) 10 035 5555