Fit Girl Terms of Service and Terms of Sale
FIT GIRL ENTERPRISES (PTY) LTD, its subsidiaries and affiliates ("FIT GIRL," "we," "us," "our") owns and operates all FIT GIRL Services. The Fit Girl Services (the "Services") shall include, without limitation, use of the FIT GIRL website, purchase of a Fit Girl product and/or Subscription, including the goods and/or services included therein and any additional goods or services FIT GIRL.
By accessing or using any part of the Services, including without limitation, purchasing a product, you agree to be bound by these FIT GIRL Terms of Service and Terms of Sale which are incorporated herein by reference. If you do not agree to any of these terms and conditions, then please do not use our Services or purchase any products.
TERMS AND SERVICES MAY BE MODIFIED AT ANY TIME
FIT GIRL reserves the right, in its sole discretion, to modify these Terms at any time by posting a notice on the FIT GIRL website at www.fitgirl.co.za or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Continued use of the Services by you following such notice constitutes your acceptance of these Terms as modified.
FIT GIRL may change, suspend or discontinue the Services at any time. FIT GIRL may also impose limits on certain features and Services or restrict your access to parts or all of the Services.
REGISTRATION FOR FIT GIRL APP SERVICES
You will be required to register on the FIT GIRL APP with your email address and select a password to use these Services. You may not use a name or email of another person with the intent to impersonate that person. You shall provide FIT GIRL with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. FIT GIRL reserves the right to refuse registration of, or cancel a user account in its discretion. If you begin to register for Services or purchase a product by providing your information on the website, but do not complete your registration or purchase, we may retain your name and email address and send you an email to remind you complete your registration or purchase, or to provide you with additional offers or details related to the Services. You can opt-out of receiving these emails by clicking the "unsubscribe" link in the email or by contacting us at firstname.lastname@example.org
PRICING MAY CHANGE
FIT GIRL reserves the right to change the prices and availability of products at any time, upon notice to you, provided that any products you have already paid for as of the date of such notice will not be affected by such change. Prices displayed are quoted in South African currency and are valid only in the South Africa.
USE OF PROMOTIONAL CODES
FIT GIRL may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Any promotional code may only be used in accordance with the terms provided with that promotional code or on the FIT GIRL website. Lost promotional codes cannot be replaced. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by FIT GIRL at any time in its sole discretion.
NO RETURNS OR SUBSTITUTIONS
We do not allow returns or substitutions of any product. Should FIT GIRL decide to honour a return as determined in its sole discretion, we will either send you a pre-paid label to return the Box and deduct the cost of shipping from your refund amount, or we will request that you return the Box using your preferred shipping method at your expense. All refunds are issued in the original form of payment for all purchases. Boxes are shipped by a third party carrier. As a result, title and risk of loss for a product will pass to you upon our delivery to the carrier.
DAMAGED OR INCOMPLETE CONTENTS
If you receive a product with damaged or incomplete contents, please contact us at email@example.com within three (3) weeks following shipment of your product. If you receive a package with damaged contents you will need to include photographic evidence documenting the damaged product in order to receive a replacement product.
REFERRAL CREDITS AND OTHER CREDITS
Fit Girl may provide you referral credit codes when you invite your friends to sign-up for certain types of products. Referral Credits may be awarded to you when your friends join and make their first purchases.
RELEASE OF CLAIMS
You hereby release FIT GIRL, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) your use of the Services, or (ii) any disputes with any third party and our Services.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL FIT GIRL OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFORE; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND FIT GIRL'S REASONABLE CONTROL.
WAIVER AND SEVERABILITY
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. FIT GIRL shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond FIT GIRL's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
CONTACT US WITH QUESTIONS
Should you have any questions regarding these FIT GIRL Terms you may contact us at ATTN: FIT GIRL ENTERPRISES (PTY) LTD. 34 River Rd, Sonkring, Cape Town, 7560 or by email at firstname.lastname@example.org