Terms and Conditions
Service Terms and Conditions (for South Africa Vodacom customers)
Goal Fit (http://www.goal-fit.net)
Description: Fitness Portal
Price: R7/Day 1 day free trial
Customer support: [email protected] or 076 563 9425 (+27 76 563 9425)(standard call rates imposed by User’s network operator apply).
The use of www.goal-fit.net services (hereinafter referred to as “Service” and/or “Services”) implicate and integrate the acceptance of the General Conditions and will be considered within legal rights, proof of knowledge of these on the part of the User. In the case that the User doesn’t agree with any of these conditions, they should not use the subscription services offered by Inspiritum Ltd. sited in Foti Pitta 9, office 301 post code 1065 Nicosia, Cyprus. These Service Terms and Conditions are governed by the laws of the Republic of Cyprus.
Services
Inspiritum Ltd. offers services and entertainment content downloads across its WAP and SMS services, including the Service, for compatible mobile phones; services can be provided on a subscription basis. The services can themselves include access to third party products and services. Once the order and payment are carried out, the user can obtain access to Service via mobile telephones and/or other compatible devices.
For the avoidance of doubt, Inspiritum Ltd. specifically points out that network fees may apply. Network fees are not collected by Inspiritum Ltd., and Inspiritum Ltd. has no control over their collection or amount. User needs to contact their mobile operator for any questions pertaining to network fees.
Access to Services
The
User must make all the necessary equipment and software available in
order to connect to the Service. Including, amongst other things, the
mobile phone or other access devices. Inspiritum Ltd. can interrupt
the Service to carry out any repair Works, system corrections,
maintenance and/or improvements that it considers necessary, without
any prior notification of the User, and by agreeing to these Service
Terms and Conditions the User agrres that such interruptions shall
not be grounds for any claims, monetary or otherwise.
Inspiritum
Ltd. can modify or interrupt Services offered by them or by third
parties temporarily or permanently.
There are no specific handset compatibility requirements for the Service. The User needs to contact customer support in case of any issues with compatibility.
User Responsibility
Inspiritum
Ltd. will not be held responsible for any losses or damages suffered
by the User due to the User not following these Service Terms and
Conditions in any way. User is obliged to not use the system,the
Service and any other services or goods of Inspiritum Ltd. improperly
(including but not limited to in violation with its non-commercial
purpose) negligently or maliciously, and to abide by all applicable
laws in respective country, respect the rights of Inspiritum Ltd. and
any third parties, including the rights to brand names, patents,
copyright and any other commercial, intellectual or industrial
property rights. Inspiritum Ltd. reserves the right to hold User
responsible in full accordance with the applicable law, as well as
the right to request any damages caused by User’s malicious or
negligent actions.
Moreover, the User recognizes and
accepts that the use of the Service is not permitted for commercial
purposes and for the purposes other than explicitly provided for by
Inspiritum Ltd. or that arise from the Service itself.
Responsibility of Inspiritum Ltd.
Inspiritum
Ltd. does not guarantee the quality, accuracy, reliability,
correction or the morality of the data, programs, information,
Service or opinions whatever the origin whether they from its network
or from networks that the User can access through Inspiritum Ltd. By
subscribing, the User accepts that Inspiritum Ltd. is exempt from all
responsibility related to its WAP pages or the Service. The User also
assumes sole responsibility for any consequences, damages or actions
that can derive from accessing this content, as well as its
reproduction or diffusion.
Inspiritum Ltd. will not be
responsible for the technical availability nor the contents of the
WAP/web pages of its third parties whose links can be found on the
Inspiritum Ltd. website.
Inspiritum Ltd. cannot be
held responsible for direct or indirect facts, acts or damages that
can derive from using third parties as a consequence of using content
belonging to Inspiritum Ltd.
This limited guarantee and
limited responsibility mentioned in the above paragraphs do not
accept the statutory rights of the Users.
Service is
provided “as is”, and Inspiritum Ltd. shall not bear any
responsibility for any discrepancy between the User’s
expectations of the Service and the Service itself.
Rights of Intellectual and Industrial Property
On the WAP and websites of Inspiritum Ltd., the contents and rights of intellectual property, programming and web designs are protected , and any reproduction, communication, disclosure and distribution of them without prior express written consent by Inspiritum Ltd must be sought. Likewise, all the logos that appear on the WAP and Websites, belong to Inspiritum Ltd. or respective third parties, therefore their reproduction or distribution is prohibited under any means without express written consent given by the owner and provided to Inspiritum Ltd. for evaluation.
Price of the Services
Inspiritum Ltd. offers its Users the chance to Service . The pricing for Service is stated on the first page of these Service Terms and Conditions. Your mobile operator may charge additional browsing costs, independently from the services provided by Inspiritum Ltd., for downloading products. Inspiritum Ltd. accepts no liability for the cost of browsing charged by the various mobile phone operators. Billing errors are handled by Inspiritum Ltd. after receiving information of such error from the User or other sources. Inspiritum Ltd. aims to rectify any billing errors in the shortest possible time, but it should not exceed 30 (thirty) calendar days. This time may be extended in exceptional circumstances, and Inspiritum Ltd. undertakes to keep the User informed, where possible and reasonable. Any refunds provided to Users are provided in the same currency that the Service is priced. Refunds should not cause the User any charges for such refund. In the event that the User incurs any charges for receiving a refund, such user should contact customer support as stated above in order to receive compensation for any bank charges incurred. Refunds are performed in reasonable time, but it should not exceed 30 (thirty) calendar days for Inspiritum Ltd. to form a decision on the refund and grounds for such refund and perform necessary actions. The refund is then processed and may be reflected on the User’s account shortly. Inspiritum Ltd. has no control over the duration of time necessary for the refund to be reflected on the User’s account.
Regarding Users’ use of the Service
Users must be adults of full legal age of 18 years old and up, with full legal capacity to use the Service. The responsibility for determining whether the User is an adult and has the right to use the Service is the responsibility of the User, and Inspiritum Ltd. shall not accept any liability, provided Inspiritum Ltd. stated all the necessary information on the front page of Service. Since the facts of underaged Users obtaining access to the Service may not be verified by Inspiritum Ltd., Inspiritum Ltd. reminds parents and guardians of their responsibility for monitoring the use of the Services made by persons under their charge, particularly of the mobile phone being used for the Services and to which the minor or other third parties have access. Inspiritum Ltd. cannot control Users' use of the Services. It therefore does not warrant that the Services are used in accordance with applicable law or these General Conditions. It is up to the User to comply with these rules, particularly relating to intellectual and industrial property rights, abstaining from using the Services for unlawful purposes or in a way which is contrary to, or infringes, the rights and interests of Inspiritum Ltd. or third party rights holders. In addition, unless Inspiritum Ltd. has made a system expressly intended for that purpose available to Users, Users must not obtain or attempt to obtain any type of content on the Website, including, without limitation, text, graphics, drawings, sound files, images, photographs or videos. Specifically, Inspiritum Ltd. forbids any downloads copies or reproductions of content made by a User unless specifically permitted by Inspiritum Ltd. Inspiritum Ltd. accepts no liability for any loss or damage of any kind which may arise from use by Users of the Services and the contents offered on any Inspiritum Ltd. websites. Inspiritum Ltd. accepts no liability for any loss or damage of any kind which may arise from the use by Users of the Services provided by the Club and the contents offered on any Inspiritum Ltd. websites. Inspiritum Ltd. reminds the User that the general requirement is for the Users to be 18 years old to use the Service, but if the legislation of the User’s country of residence provides for older age of reaching adulthood and using the Service, the User shall abide by those rules instead. The Service must not be used to intentionally engage in illegal conduct, to knowingly create, store or disseminate any illegal content, to knowingly infringe copyright, to knowingly infringe any intellectual property rights, or to send spam or promote the sending of spam.
Inspiritum Ltd. also reminds the User that it’s User’s independent choice to use the Service, and by choosing to do so User bears all the responsibility to abide by the applicable laws, as well as to behave in accordance with moral, ethical and other social norms and standards. For the avoidance of doubt, Inspiritum Ltd. specifically points out that the Service must only be used with the permission of the bill-payer.
Regarding the sending and receipt of the Service
Services must be requested in accordance with the instructions communicated by Inspiritum Ltd. to Users and, in particular, must include the exact text stipulated by Inspiritum Ltd. for Service from time to time. Such instructions are publicly available on the website of the Service. In addition, in the case of Services requested by mobile phone, the User's handset must be compatible with, and have the technology required for, each Service. Inspiritum Ltd. accepts no liability for any requests which do not include the text stipulated for each Service or which originate from mobiles which are not compatible with the Services. In addition, Inspiritum Ltd. accepts no liability for any delays affecting the sending of contents to Users, or their quality, since such delays depend on factors completely beyond Inspiritum Ltd.'s control, such as, among others, network traffic, the operators, the features of the various mobile phones, computers and/or computer tools, and the quality of the content itself. Notwithstanding the foregoing, Inspiritum Ltd. shall use all reasonable endeavours to ensure that content reaches Users at the time it is requested.
Regarding mobile phone ownership
By using any Inspiritum Ltd. mobile service, Inspiritum Ltd. only receives the mobile phone number associated to that service it is therefore unable to determine or control the identity of the User who is requesting the Service. The User warrants that he or she is the owner of the mobile phone from which the registration for the Service is applied for, or at least that he or she has the owner's authorisation to register with the Club. Inspiritum Ltd. accepts no liability where the User who has requested the Service is not the lawful owner of the mobile phone or lacks the owner's authority to use the mobile phone.
Withdrawal of Content / Inappropriate Content
Inspiritum Ltd. does not warrant the lawfulness, reliability or usefulness of messages, content or any other materials to which the User may have access in connection with the provision of the Services. Regardless of any methods which may be used by Inspiritum Ltd. to detect messages or content which are potentially unlawful or in breach of third party rights, if you believe that any of the messages or contents to which you have access through the Service infringe any third party rights or involve an infringement of current legislation, you can contact us by writing to Inspiritum Ltd.'s registered address or by sending an e-mail to mail to: [email protected], including the following details:
Name, address, telephone number and e-mail address.
Clear identification of the potentially infringing content or content which is potentially detrimental to your or third party rights.
Indication of the grounds on which the content referred to in the preceding section may be potentially infringing or detrimental to your or third party rights.
An express statement, signed by you, that the information supplied in the notification is accurate to the best of your knowledge.
Inspiritum Ltd. excludes all liability, to the fullest extent permitted by law, for any loss or damage of any kind which may be caused by any content and made available to Users being transmitted, disseminated, stored, made available, received, obtained or accessed, particularly but not exclusively for any loss or damage which may be caused by:
Infringement of the law, moral standards and generally accepted decency or public order by third parties
Infringement of intellectual and industrial property rights, business secrets, contractual obligations of any kind, people's right to personal and family privacy and image, right to protection of personal data, property rights and rights of any other nature belonging to a third party
The carrying out of acts of unfair competition and unlawful advertising
Messages and/or content not being truthful, accurate, comprehensive, relevant and/or up-to-date
Unsuitability for any kind of purpose and the failure to meet expectations generated by the messages and/or content
Faults and defects in any kind of content.
Inspiritum Ltd. reserves the right at any time to reject or remove any content which is in breach of current legislation, these Service Terms and Conditions and any subsequent versions, as well as content that it considers illegal or for which it has received a take-down notice.
Inspiritum Ltd. may at any time and without prior warning suspend and/or unsubscribe from the Services any User who does not comply with these Service Terms and Conditions or any other related contractual obligations.
Cancellation/User's rights
To cancel all marketing messages please send an SMS with the word STOP to the short code number of service you are subscribed to. You may also exercise the rights of access, cancellation and rectification free of charge by emailing Inspiritum Ltd. at [email protected] or by sending a request to Inspiritum Ltd. by post (to the address specified above) and including the following information:
Your full name and a photocopy of an official document proving Your identity and, where applicable, the document must provide evidence of Your ability to act as a representative for another person;
A description of Your request;
Your mobile telephone number;
An address for correspondence;
The date and the requesting party's signature.
You are also responsible for updating and amending Your personal information, which can be done by means of the procedure described above.
International processing
As Inspiritum Ltd. operates globally, it may be necessary to transfer Your personal information to countries outside the South Africa for processing where data protection standards may not be the same. However, wherever Inspiritum Ltd. processes Your information Inspiritum Ltd. will strive to ensure the same level of protection as set out in these Terms and Conditions which means that Your personal information will be protected at all times in accordance with strict data protection standards, as further detailed by our Privacy Policy and other applicable documents.
Contacts
You can get in contact with us via email to [email protected],by regular mail at the address stated above or via phone 076 563 9425 (+27 76 563 9425) (standard call rates imposed by User’s network operator apply).
WASPA
Inspiritum Ltd. is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. Inspiritum Ltd. may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za