UpForIt Terms and Conditions

General Terms and Conditions

Introduction

Effective Date: November 31, 2016

UpForIt is a business in the health industry and the main purpose of this website is to educate and engage with the public.

The content of this UpForIt website, and its individual pages, are for your general information and use only. This website is subject to change without notice. Accessing this site implies that you agree to our Terms and Conditions, as well as that you are familiar with our Privacy Policy and Disclaimer. These documents might be amended from time to time and it is each user’s responsibility to visit them periodically.

Our terms and conditions apply to the UpForIt website only. Other websites linked to or from this site, as well as other services or companies referring to, have their own terms and conditions which might not necessarily coincide with ours.

BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE.

UpForIt DOES NOT PROVIDE MEDICAL ADVICE.

THE CONTENTS OF THE SERVICES, SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION AND COACHING SERVICES OBTAINED FROM USERS OF THE SERVICES, LICENSORS, AND OTHER MATERIAL CONTAINED ON THE SERVICES (THE "CONTENT") ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTION YOU MAY HAVE REGARDING A MEDICAL CONDITION.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR IMMEDIATELY. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FORM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICES. UpForIt DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIAN, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY UpForIt, UpForIt EMPLOYEES, PARTNERS, OTHER USERS OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY HABITS YOU MAY CHOOSE TO PURSUE USING THE SERVICES AND UpForIt DOES NOT WARRANT ANY HABITS LISTED ON THE SERVICES, NOR DOES IT RECOMMEND OR ENDORSE ANY PARTICULAR HABIT BY LISTING SUCH HABIT ON THE SERVICES. WE HAVE NO OBLIGATION TO REVIEW OR MODIFY USER POSTINGS ON THE SERVICES OR OTHER CONTENT AND IN ALL INSTANCES, IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THE CONTENT. UNDER NO CIRCUMSTANCES WILL UpForIt BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT.

YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, CONSENTS AND DISCLOSURES SET FORTH IN THE TERMS OF SERVICE, THE PRIVACY POLICY, THE APPLICABLE GUIDELINES SET FORTH ON THE WEBSITE, AND THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY) FOR ANY MOBILE APPS YOU DOWNLOAD. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THE PRIVACY POLICY, THE APPLICABLE GUIDELINES AND/OR THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY), THEN PLEASE CEASE USING THE SERVICES IMMEDIATELY.

ALL THE SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 13 YEARS OR OLDER. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS OF SERVICE WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS OF SERVICE. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS OF SERVICE ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THESE TERMS OF SERVICE FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

Reservation of rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided.

The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you.

Registration details

When registering on our website, users need to provide truthful information and be at least thirteen (13) years of age. If a child has provided us with personal information without parental or guardian consent, the parent or guardian should contact us to remove the information and opt out of promotional opportunities. Users are responsible to maintain the confidentiality of their login / registration details. Users are also solely responsible for uses via their passwords – whether authorized or unauthorized. UpForIt immediately needs to be notified of any unauthorised user registration or access. Registration data and other personally identifiable information that we may collect will be handled as confidential and is subject to the terms of our Privacy Policy.

CONFIDENTIALITY OBLIGATIONS

You represent and warrant that any Content you provide, submit or post to the Services will be non-confidential and Coach.me will not be liable for any use or disclosure, whether by Coach.me or Users, of Content. You acknowledge and agree that your relationship with Coach.me or your.

Arrangement with a User is not a confidential relationship.

As a Coach, you may receive non-public information from Clients that would reasonably be understood, under the circumstances, as confidential information, including personal details of Clients ("Confidential Information"). As a Coach, you acknowledge and agree not to use any Confidential Information of a Client for any purpose other than for providing the Coaching Services to such Client. You shall not disclose or permit disclosure of any Confidential Information of a Client to any third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of a Client in order to prevent it from falling into the public domain or the possession of third parties. You agree to notify the Client of any actual or suspected misuse or unauthorized disclosure of Confidential Information of the Client's which may come to your attention. Confidential Information you receive regarding a Client will not be deemed Confidential Information if it: (a) was in the public domain, including publicly available through the Services at the time it was disclosed or has entered the public domain through no fault of your own; (b) was known to you, without restriction, excluding restriction imposed by Clients in anticipation of entering into an Arrangement, at the time of disclosure, as demonstrated by evidence in existence at the time of disclosure; (c) is disclosed with the prior written approval of the Client; or (d) becomes known to you, without restriction, from a source other than the Client without your breach of these Terms of Service.

Return and refunds policy

The provision of goods and services by UpForIt is subject to availability. In cases of unavailability, UpForIt will refund the client in full within 7 days. Cancellation of orders by the client will attract a 5% of total sale administration fee.

Warranties and warranty disclaimer

UpForIt will use reasonable commercial efforts to maintain the functionality and availability of the services; however the services are provided to you “AS IS” without any warranty of any kind.

To the fullest extent allowed by law, UpForIt hereby disclaims all warranties, expressed or implied, with respect to the website, its content, products and services including without limitation to any implied warranties of merchantability and fitness for a particular purpose.

You agree that your use of the Website is done entirely at your own risk. UpForIt does not warrant that your use of the Website will be uninterrupted or error free. UpForIt assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. UpForIt is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems or access, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the services. UpForIt makes no warranties and shall have no liability for any claim of copyright, trademark or patent infringement based on your use of or combination of any third party product or software with the services, or any part thereof, (unless authorized in writing by UpForIt) if such infringement would have been avoided by the use of the services without the use of other software, hardware or products.

Responsibility

UpForIt takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods. Goods and services of third parties may be advertised and / or be made available on or through this website. Representations made regarding products and services provided by third parties are governed by their own policies. We shall not be liable or responsible for any dealings or interaction with third parties.

Limitation of liability and liability disclaimer

UpForIt and its agents, representatives, partners, suppliers or licensors shall not be liable to you for and damage or loss arising from your use of the services, including without limitation to incidental, consequential, or other indirect damage, whether based on tort, bodily injury, death, lost revenue or otherwise, regardless of whether UpForIt was advised of the possibility of such losses in advance and notwithstanding any failure of essential purpose of any limited or exclusive remedy of any kind. Notwithstanding anything to the contrary contained herein, UpForIt’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to UpForIt for the services. On behalf of itself, its partners, licensors and suppliers, UpForIt disclaims any and all liability for special, incidental or consequential damages (including bodily injury or death) arising from or related this agreement or your use of any services.

Intellectual Property

UpForIt is the exclusive owner and or licensee of the content, products and services (“Content”) offered on the UpForIt website and retains all proprietary rights in and to such Content, including all copyrighted material, trademarks, and other proprietary information of UpForIt, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, including the layout, design elements, images and text. This also applies to ‘deep-linking’, ‘embedding’ or the use of analogous technology.

Prohibitions

Providing any content or perform any conduct that may be unlawful / illegal, harmful / abusive / tortuous, threatening / harassing / stalking, defamatory, libellous, offensive / objectionable or vulgar / obscene / pornographic. This includes content or actions designed to – or which do – interfere with or interrupt this website or any service provided; content infected with a virus or other destructive or deleterious programming routine; content giving UpForIt to civil or criminal liability; or content / actions which may violate an applicable local, national or international law, including – but not limited to – laws relating to copyrights, trademarks, patents or trade secrets.

Providing or using this website and any content or service in any commercial manner or in any manner that would involve junk mail, spamming, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent.

Impersonating or misrepresenting your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you. Collecting or harvesting any data about other users.

Variation

UpForIt may, in its sole discretion, change this agreement or any part thereof at any time without notice. Our website and its related services are provided on an “as is” basis. UpForIt is the owner of this website and exclusively reserves all associated rights and may (at any time and without notice and any liability to its users) modify or discontinue this website and its services and / or delete the data provided – whether temporarily or permanently. UpForIt shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with this website. We may investigate any complaints or reported violation of these terms and conditions and take any action that we deem appropriate. This may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to users’ access and / or removing any materials from the website.

Indemnification

You agree to indemnify and hold us (including our directors, employees, agents, affiliates, partners, independent contractors, advertisers, suppliers and co-branders) harmless from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of conduct or connection with this website or service, your provision of content, your violation of these terms and conditions or any other violation of the rights of another person or party.

Copyright

This website and its contents, such as text, graphics, images and other content (the “Site Material”) are protected by copyright under both South African and foreign laws. Individual articles on this website may be copied in full, without specific permission, for not-for-profit purposes, provided that your copy of the article includes full copyright and contact information. The name of the author of the article should appear and a link to this website, www.upforit.co.za . If possible, we would also appreciate an endorsement and encouragement to subscribe to the newsletter. Any other use of Site Material violates copyright, trademark, and other laws. Except for the express written permission of UpForIt, you may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for commercial purpose. Termination of your user account for any reason, including but not limited to your violation of any of these Terms and Conditions, results in the immediate revocation of your license to use the Site Material and obligates you to immediately destroy any copies of the Site Material in your possession.

UpForIt has no responsibility for content on other web sites that you may find or access when using UpForIt’s products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of South Africa and/or other countries. The terms of use of those web sites, and not the UpForIt Terms and Conditions, govern your use of that material. Although UpForIt desires accuracy in all elements of the Site Material, there may be inaccuracies or typographical errors. UpForIt makes no express or implied representation about the accuracy, reliability, completeness or timeliness of the Site Material or about the results that may be obtained from use of this website. You use this website and the Site Material at your own risk.

LAW

Our terms and conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose courts will have exclusive jurisdiction in any dispute. However, we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

ARRANGEMENTS BETWEEN COACHES AND USERS

A coach and a User enter into an arrangement for the coach to provide coaching Services to the User through the UpForIt Platform services (an "Arrangement"). Coaches and Users will use the features of the Services to enter into Arrangements. Any Arrangement you enter into is between you and the other User, and UpForIt is not a party thereto. If you are a coach, you acknowledge and agree that you are solely and fully responsible for any and all Content you post and all coaching Services you provide to Clients through the Services. Accordingly, you represent and warrant that your coaching Services and any Content you post and provide (i) will not breach any agreements you have entered into with any third parties, including obligations of confidentiality, and (ii) will (a) be in compliance with all applicable laws rules and regulations that may apply, (b) be truthful, accurate and not misleading, and (c) not conflict with the rights of third parties.

A User may terminate an Arrangement that it is a party to at any time by using the features of the Services and such termination will be effective immediately. Upon termination of an Arrangement, any pre-paid coach Payments (as defined below) will not be refunded or otherwise provided back to Client.

UpForIt assumes no responsibility for Users' compliance with or fulfillment of any Arrangements with other Users, including early termination of an Arrangement by a User, or duties to third parties, or compliance with applicable laws, rules and regulations. UpForIt does not endorse any coach, Client, coaching Service or Content.

BILLING AND PAYMENT

Users of the Service will be required to provide their credit card and/or bank account details ("Payment Account") to UpForIt and the Payment Service Provider retained by UpForIt. Clients will be responsible for paying the invoice for each Arrangement (the "Invoice"), which will include the pricing terms of the Arrangement agreed upon by the Client and the coach ("coach Payment"). UpForIt reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any coach Payment, or (ii) refund.

Users of the Services will be liable for any and all taxes required to be paid on the coaching Services or Services provided under these Terms of Service (other than taxes on the UpForIt's income). For each coach Payment that UpForIt actually receives, promptly within ten (10) days after payment has been made by the client, UpForIt will (i) pay the applicable coach; and (ii) retain R150 in consideration of providing the Services; unless the applicable Client purchased the coaching Services through a referral URL provided to such Client by a referring party other than UpForIt, in which case, UpForIt will pay a % of the coach Payment to the referring party (the "referral revenue share").

If you are a coach, in order to receive the coach revenue share (and if applicable, the referral revenue share) that is owed to you, from time to time you may be required to provide certain tax information to UpForIt upon UpForIt's request. Only after UpForIt has received all of the requested and required information from you will UpForIt have an obligation to pay you the coach revenue share (and if applicable, the referral revenue share).

SERVICES ONLY PROVIDE A VENUE

The Services include, among other things, a platform which enables communication and connections between Users. Users providing information and advice ("Coaching Services" and each User providing Coaching Services a "Coach") to connect with Users seeking information and advice ("Clients" and collectively with Coaches, each a "User") Each Client is solely responsible for selecting a Coach and the Coaching Services. Any decision by a Client to receive Coaching Services, and any decision by a Coach to provide Coaching Services, is a decision made in such User's sole discretion. UpForIt is not responsible for the performance of Users, nor does it have control over the quality, suitability, reliability, durability, timing, legality, failure to provide, Content, acts or omissions, or any other aspect whatsoever of Users, including the Coaching Services provided by Coaches.

UpForIt makes no representations or warranties whatsoever with respect to any aspect, including accreditation, registration or licensing, of any Coach, the Coaching Services or the Content requested and provided by Users through the Services whether in public, private, or offline interactions.

You understand that UpForIt does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. UpForIt does not verify of confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Coaching Services offered by Coaches through the Services. UpForIt does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services.

RELEASE

By using the Website or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or third party who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from UpForIt with respect to such User or third party's actions or omissions.

THE SERVICES ARE ONLY A VENUE FOR CONNECTING USERS. BECAUSE UpForIt IS NOT INVOLVED IN THE ACTUAL COMMUNICATIONS BETWEEN USERS OR IN THE ARRANGEMENTS BETWEEN USERS, IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE UpForIt (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

USER-SUBMITTED CONTENT

You are responsible for all Content, including Content you provide under an Arrangement, that you submit, post, or otherwise make available to or through the Services ("User Content"). By doing so, you represent and warrant to UpForIt that (a) your User Content is not subject to any confidentiality obligation to any third party, (b) you have all necessary permission to submit, post and otherwise make available such User Content, and (c) that your User Content will not contain any confidential, non-public, personal details regarding yourself or any third party. You agree that UpForIt is not responsible for and not liable for any User Content.

UpForIt makes no claims to ownership of User Content that you submit, post or otherwise make available to or through the Services and you shall continue to retain all ownership rights in your User Content and the right to use your User Content as you see fit. However, you hereby grant to UpForIt and its affiliates a worldwide, nonexclusive, perpetual, transferable, fully sub-licensable, royalty-free right and license to:

a. with respect to User Content, including User Content that you submit, post or otherwise make available in the public areas of the Services pursuant to an Arrangement, other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available in public areas of the Services (e.g. not intended as a private communication), use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed;

b. with respect to User Content, including User Content that you provide through the Services pursuant to an Arrangement, that you post or otherwise make available in the user-to-user private communication tools and features of the Services, to use such User Content to facilitate your user-to-user private communication within the Services; and

c. with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available in public areas of the Website, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the purpose for which such User Content was submitted, posted or made available, and for informational, promotional or other related purposes by UpForIt.

UpForIt may create features of the Services that allow Users to post opinions on and reviews of specific Coaches ("User Reviews"). All such User Reviews will not be verified or approved by UpForIt and will not be the opinion of UpForIt. Each User should undertake their own research to be satisfied that a specific Coach is the right person for the desired Coaching Services. As a Coach, you agree that UpForIt will not and is not liable for any User Reviews. For purposes of this Terms of Service, User Reviews will be deemed part of User Content.

LICENSE AGREEMENT FOR USING SPECIFIC APPLICATIONS

Your use of the Services and the relating licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines and end user licenses associated with your use of the Services, including without limitation the end user license agreement for the UpForIt iPhone app and Android app and in the Settings area of the application. UpForIt may modify such guidelines in its sole discretion at any time. UpForIt reserves the right to terminate your account and access to the Services if it determines that you have violated any such applicable guidelines.

WORKER CLASSIFICATION

Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of UpForIt. Each User acknowledges that UpForIt does not, in any way, supervise, direct, or control a Coach's work or Coaching Services performed in any manner. UpForIt does not set a Coach's work hours or location of work. UpForIt will not provide any equipment, labor or materials needed for a particular Arrangement.

The Services are not an employment service and UpForIt does not serve as an employer of any User. As such, UpForIt will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of the Services.

Miscellaneous

In the event that these terms and conditions conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these terms and conditions will remain valid and intact. Failure of either party to assert any right under these terms and conditions shall not be considered a waiver of that party’s right and that right will remain in full force and effect. You agree that without regard to any statute or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.

User Agreement

This Agreement is effective upon accessing this site for the first time and thus accepting this User Agreement once makes it effective for each time of use. The Website also provides for acceptance in registration for new registering users for accessing certain sections of the Website. All amended T&C's shall automatically become effective within 30 (thirty) days after they are posted on the Website and any subsequent use of the Website shall be governed by such amended terms. In addition, we will notify you in accordance with your Notification Preferences. The User Agreement was last revised on 18 August 2015. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. You must read, agree with and accept all of the T& C’s contained in this User Agreement and Privacy Policy governing the Website, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the Website. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a user of the Website. Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of websites of our subsidiaries and international affiliates will be governed by the User Agreement and Privacy Policy posted on those websites.

MODIFICATION OF TERMS OF SERVICE AND/OR SERVICES

UpForIt reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Service at any time and without prior notice. If UpForIt amends these Terms of Service, it will update this posting on the Website and specify the effective date of the new version of the Terms of Service. Your continued use of the Services following the posting of a new version of the Terms of Service shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Service has been posted each time you use the Services. If the amended Terms of Service are not acceptable to you, your only recourse is to cease using the Services.

TERMINATION AND SURVIVAL

Either party may terminate the Terms of Service for any or no cause, at any time. After termination, you shall no longer access or utilize the Services. The provisions of this Agreement which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive the any termination of these Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely. If Coach.me terminates or suspends your right to use the Services, you will not entitled to any refund of unused balance in your Account.

SEVERABILITY

If any provision of the Terms of Service is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Terms of Service shall continue in full force and effect.

Company information

This website is run by UpForIt and is based in South Africa.

Country of domicile

This website is governed by the laws of South Africa and UpForIt chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: Office 101, 44 Long Street, Cape Town City Centre, Cape Town, 8001

Privacy Policy

Last Updated: 18 August 2015

We take your Privacy seriously. For that reason, this Privacy Policy will explain our practices regarding the collection, use and disclosure of information that we receive when you use our Services (defined as the services included in “Services” as defined in both our Customer Terms of Service as well as our Coach Terms of Service. This Privacy Policy applies only to those websites, services and applications included within “Services” and doesn’t apply to any third-party websites, services or applications, even if they are accessible through our Services. Also, please note that, unless we define a term in this Privacy Policy, all capitalized words used in this Privacy Policy have the same meanings as in our Terms of Service.

How do we collect and use information?

Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account or Coach Account, as applicable), and to enable you to enjoy and easily navigate our Services. Personal Information. When you create an Account or Coach Account we’ll collect certain information that may include information that can be used to identify you, such as your name, email address and phone number. We may also collect certain information that is not considered Personal, because it cannot be used by itself to identify you, such as your gender, age, date of birth and postal code. We or our third party services providers may also collect certain information from you in connection with your use of the Services, including payment information.

Information Collected Using Cookies. We collect certain information through the use of “cookies,” which are small text files that are saved by your browser when you access our Services. We may use both session cookies and persistent cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent cookies, session cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own cookies on your browser. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by such third parties.

What Information Do We Share With Third Parties?

We will not share any Personal Information that we have collected from you except as described below. Just to be clear, this paragraph also applies to any health-related information about you that we may collect through the Services. Information Shared with Our Services Providers. We may engage third party service providers, such as third party payment processors, to work with us to administer and provide the Services. These third-party services providers have access to your PERSONAL INFORMATION only for the purpose of performing services on our behalf.

Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes. Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including PERSONAL INFORMATION, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PERSONAL INFORMATION may be disclosed or transferred to the third-party acquirer in connection with the transaction.

Information Disclosed for Our Protection and the Protection of Others. It is our policy to protect you from having your privacy violated through abuse of the legal systems, whether by individuals, entities or government, and to contest claims that we believe to be invalid under applicable law. However, it is also our policy to cooperate with government and law enforcement officials and private parties. Accordingly, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary: (i) to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect our property, rights and safety and the rights, property and safety of third parties or the public in general; and (iv) to prevent or stop activity we consider to be illegal or unethical.

The Security of Your Information.

We take reasonable measures to protect the information that we collect from or about you (including your PERSONAL INFORMATION) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

Links to Other Sites.

Our Services may contain links to other websites and services. Any information that you provide on or to a third-party website or service is provided directly to the owner of the website or service and is subject to that party’s privacy policy. Our Privacy Policy does not apply to such websites or services and we’re not responsible for the content, privacy or security practices and policies of those websites or services. To protect your information we recommend that you carefully review the privacy policies of other websites and services that you access.

Modifying Your Information.

You can access and modify the PERSONAL INFORMATION associated with your Account by accessing the “Settings” tab in the App. If you want us to delete your PERSONAL INFORMATION and your Account, please contact us at team@upforit.co.za with your request. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.

International Transfer.

Your PERSONAL INFORMATION may be transferred to, and maintained on, computers located outside of your province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside of South Africa and choose to provide your PERSONAL INFORMATION to us, we may transfer your PERSONAL INFORMATION to South Africa and process it there. Your consent to this Privacy Policy followed by your submission of any PERSONAL INFORMATION represents your agreement to that transfer.

Our Policy Toward Children.

Our Services are not directed to children under 13 and we do not knowingly collect PERSONAL INFORMATION from children under 13. If we learn that we have collected PERSONAL INFORMATION of a child under 13 we will take steps to delete such information from our files as soon as possible.

Changes to Privacy Policy.

Any information that we collect is subject to the privacy policy in effect at the time such information is collected. We may, however, modify and revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of such changes by posting them on the Services or by sending you an email or other notification, and we’ll indicate when such changes will become effective.

Questions?

Please contact us at admin@Upforit.co.za if you have any questions about our Privacy Policy.

Information Related to Use of the Services.

Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both Account and Coach Account holders and non-account holders (“Users”). Log Data may include information such as a User’s Internet Protocol (IP) address, device ID, browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on, interactions between a Customer and Coaches, diet history and habits, and Content that a Customer submits to the Services when logging eating habits in his or her food journal on the Services. We use this information to administer the Services and we analyse (and may engage third parties to analyse) this information to improve and enhance the Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to fight spam, malware and identity theft. We also use the IP Address to generate aggregate, non-identifying information about how our Services are used. Location Information. In some cases we collect and store information about where you are located, such as by converting your IP address or mobile GPS data into a rough geolocation. We may use location information to improve and personalize our Services for you.

UpForIt "One month trial" Offer Terms and Conditions

In the event of a conflict between the Customer and the Supplier, UpForIt shall prevail.

Article 1. Introduction

This “One month trial” promotion, referred to hereinafter as “One month trial”, is organised by UpForIt. The “One month trial” is not organised on a permanent basis, and UpForIt may terminate the “One month trial” at any time, and shall not be considered liable as a result.

Article 2. Definition

“One month trial” allows a user to trial UpForIt on a limited trial basis with limited services.

Article 3. Procedure of the “One month trial”

After a user sign ups for a “One month trial” UpForIt will assign a coach to the user. After one month UpForIt will terminate the service and the user will need to sign up for a coach at the full cost.

Article 4. Validity of the code

A user may only sign up for (1) One “One month trial” offer. The provision of any false information may lead to the automatic cancellation of the “One month trial” and, in certain cases, all the allocations granted.

Article 6. Personal data

The user is hereby informed that UpForIt, shall collect their personal data.

Article 7. Conditions of the offer

Taking part in the “One month trial” implies full and complete acceptance of these rules, therefore, all parties must comply with these rules to benefit from the “One month trial”. UpForIt reserves the right to cancel the benefits received by the user as part of this “One month trial” in the event that the user exercises their right of withdrawal or UpForIt suspects that the user is carrying out practices aimed at obtaining coaching fraudulently. UpForIt reserves the right to change, at any time and without prior notification, the conditions of this “One month trial”. Similarly, UpForIt may terminate the “One month trial” at any time, and shall not be considered liable as a result. The allocations provided may not under any circumstances be traded or exchanged for cash. No claims or appeals related to the benefits or the attribution of benefits may be addressed to UpForIt.