MOOVE MOTION FITNESS CLUBS’ RULES & REGULATIONS

1. Terms and Conditions, Rules and Regulations
   1. The Company reserves the right to amend its rules and regulations from time to time and members, guests and/or occupants of the Club should always familiarise themselves with the latest rules and regulations currently in force, which rules and regulations are found on the Company website: www.moovemfc.co.za.
   2. Damage to any property will be paid for by a member who willfully or negligently causes such damage. The member is responsible for all and any damage caused by the member and/or a dependant of the member and/or an accompanying child/ren of the member and/ or guest/s of the member.
2. Before You Start Your Fitness Journey
   1. You should consult your doctor to confirm that it is safe for you to become physically active in your current state of health.
   2. Remember to always consult your doctor before you significantly change your physical activity patterns or your diet.
   3. All complementary nutritional and exercise programs should be used as a guideline, and only after you have consulted your doctor.
   4. If you are pregnant, your doctor must confirm that it is safe for you to continue exercising.
   5. Before you begin exercising, ensure you have booked a free assessment and completed our induction program.
   6. Always start with warming up your muscles and don’t forget to stretch after you exercise.
   7. It is important to remember to stay well-hydrated during exercising.
   8. Always remember to inform one of our staff members if you experience acute pain, dizziness, a sudden head ache or chest pain, in which case you are required to immediately stop exercising.
   9. If there are any changes to your medical condition, alternatively if your health deteriorates, you will be required to notify us and contact your doctor in order to confirm that it is safe for you to continue exercising.
3. In the Club
   1. Be aware that certain areas, studios, swimming pools or equipment may be booked or reserved from time to time.
   2. Please adhere to the Club’s trading times, which times may vary from Club to Club.
   3. Please adhere to all rules and regulations of the Company as well as the Company’s affiliated third parties.
   4. No pets are allowed, except guide dogs (for which you will be solely responsible for).
   5. No firearms, ammunition, or any other types of weapons are allowed in the Club. Any police officer, security official who is utilising any Club, facility or equipment in the Club as a member, may not bring a weapon into the Club.
   6. Cigarettes, electronic cigarettes are not permitted on the Club premises or outdoor training areas.
   7. Alcohol, drugs, steroids or any other illegal substances are not allowed to be used, or consumed, or brought into, or distributed in the Club. We have a zero-tolerance approach towards the use, sale, possession or endorsement of any form of illegal and/or performance enhancing drugs (including steroids or any other banned substances) on Club premises, in the parking area or on any of our online or social media platforms. Any infringement of this rule gives the Company the right to cancel or suspend your membership at the Company’s absolute sole discretion.
   8. You are not permitted to sell or market any product or service to any member while in our Clubs or on any of the Company’s social media or online platforms, without prior written consent being obtained from the Operations Manager.
   9. You will be required to respect the privacy and rights of your fellow members when taking photographs or video footage of yourself within a permitted area of the Club (specifically not in changing rooms, pool or poolside, spa/steam room or sauna, toilets or the Moove Kids Club or affiliated third party Kids Clubs or any other children’s play area).
   10. You are specifically prohibited from taking photographs or videos of children under the age of 18 years of age, other than your own or of other members without their express and prior permission.
   11. You are strictly prohibited of taking photos of video footage of any of the Company’s CCTV equipment or footage.
   12. You will be requested to delete any such photographs/video if a complaint is raised, and if you refuse, you will be deemed to be in breach of this agreement, resulting in your possible suspension and/or termination of your membership.
   13. Please be aware that from time to time Club photographic shoots will take place within the Club. The contents of such Club photographic shoots may be used for any lawful purpose, including for publicity, illustration, advertising, promotional purposes, and web content, including all social media platforms, and to the extent specifically provided by the provisions of the POPI Act. If you are in the Club during this time and your image areas taken, you consent to us using it in our branding and promotional material.
   14. You may not use Moove Motion Fitness Club’s name, logo, trademark (registered or not) or location/premises for promotional, marketing, advertising or any other activity.
   15. No large bags are allowed on the gym floor which will create a tripping hazard.
4. Access
   1. Right of admission is reserved at all times.
   2. The Company reserves absolute discretion when approving membership applications.
   3. All membership fees are required to be paid in advance.
   4. Access is limited and dependant on your membership status.
   5. Access requires that the member has an active membership and/or sufficient Fit-passes/Fit-credits.
   6. Access will only be granted to members whose membership accounts are current.
   7. Access to the main gym floor, Kids Club and studios are dependent on the member’s specific membership package.
   8. Children under the age of 15 years are not allowed on the main gym floor, unless they are Swim School members and unless they are supervised by a Swim School coach or swim instructor, for the specific reason of specialised swimming training.
   9. Only the parent or legal guardian of a minor child may gain access onto the main gym floor, for the purposes of accompanying the minor child to the bathroom.
   10. Moove Motion Fitness Club employees are not allowed to assist or to accompany a minor child to the bathroom.
   11. You are strictly prohibited from allowing anyone else to enter the gym upon your finger print scan and/or to open the door for other gym users to enter. Should you do/allow this, such breach could lead to the cancellation of your membership.
   12. You will be denied access to the gym and to all of its facilities if your membership is in arears and/or if your membership has been terminated, suspended, frozen and/or if you have insufficient Moove credit tokens, Fit-partner/Fit-credits.
5. Guests
   1. You are entitled, at the discretion of the Company, to bring guests to train with you upon payment of the guest fee, or upon redemption of a valid promotional voucher, together with completion of the guest register. Your guest must bring their national identity document or passport in order to be able to train with you at the Club.
   2. You must always be present with and accompany your guest while in the Club.
   3. You must familiarize your guest with the current Club rules & regulations that are in place.
   4. You will be held responsible for your guest’s behaviour, which, if inappropriate or if in contravention of the Club’s rules and regulations, could affect your membership.
6. Behaviour
   1. Behaviour refers to the behaviour inside or outside the Club, as well as online behaviour on any social media platform.
   2. Entering the Club under the influence of alcohol, illegal and/or performance-enhancing drugs or illegal supplements (including steroids) is strictly prohibited. Should be believe your faculties to be impaired in any way, which could cause and/or damage to yourself, other members, visitors, members of staff, affiliated third parties and/or their members of staff etc., then you may not enter the Club or use the facilities.
   3. Foul, loud, offensive or abusive language including, without limitation: discriminatory language and/or expressions which could clearly be understood to be a clear intention to advance or suggest the inferiority of a group based on: individual’s race, ethnic or social origin, colour, gender, sexual orientation, age, religion or disability, pregnancy, marital status, conscience, belief, culture, language, birth, is prohibited.
   4. We have a zero tolerance for any form of discrimination.
   5. You are further prohibited from expressions that amount to: propaganda for war; incitement of violence; advocacy of hatred that is based on race, ethnicity, gender, sexual orientation or religion.
   6. You are further prohibited from expressions which are or can reasonably be understood to demonstrate a clear intention to be hurtful, degrading or inflammatory.
   7. You are prohibited from expressions which could reasonably be understood to impair or is likely to impair the dignity of others.
   8. Acts of intimidation, threats, or the use of menacing behaviour towards other members, guests, visitors, affiliated third parties (and/or their staff), or the public, service providers and/or their staff members of staff is strictly prohibited.
   9. You must not verbally, physically or sexually abuse, harass, or use violent or threatening behaviour towards other members, guests, visitors, affiliated third parties (and/or their staff), or the public, service providers and/or their staff members of staff.
   10. You must not commit nor publicise any unhygienic, immoral or sexual acts which may cause distaste, revulsion and/or abhorrence to any other individual while in the Club.
   11. Only one person is allowed in a shower cubicle at any one time.
   12. Only one person is allowed in a toilet cubicle at any one time.
   13. You must not bring our name, brand or reputation into disrepute.
   14. You are to be mindful of the fact that there may be children around, in which case no obscene, rude, vulgar or profane language, statements, images or gestures will be permitted, including on clothing worn by members or guests at the Club.
   15. In the opinion of the Club Manager on duty, responsible for monitoring the behaviour of members or guest, is of the view that the behaviour of a member or guest is found to be non-compliant of the rules, this may result in the member or guest being asked to leave the Club, alternatively being removed from the Club, and in extreme circumstances, the cancellation or suspension of the member’s membership.
7. Clothing 
   1. Appropriate exercise clothing and footwear must be worn at all times, while exercising.
   2. Male members must not display bear chests and no slops/sandals are allowed to be worn while training.
   3. No steel studs are allowed on the soccer pitch.
   4. Sneakers or trainers are to be worn at all times on the gym floor while training.
   5. No shoes are allowed on the trampolines – only non-slip trampoline socks are allowed.
8. Parking 
   1. Parking is only for members and guests while using the Club’s facilities.
   2. You are only entitled to park in designated parking bays, and you are specifically prohibited from using the disabled parking bays if you are not entitled to do so.
   3. If your car is not parked properly, it may be clamped, and a fee charged for its release.
   4. All vehicles are parked and driven at your own risk. We do not accept responsibility for any loss, theft and/or damage to vehicles and/or valuables left in vehicles or any other mode of transport of members or their guests whilst on Club premises or in any parking area designated for use by members or their guests.
   5. Do not leave valuables visible inside your vehicle.
9. Lockers and Personal Belongings
   1. Subject to availability, we provide lockers in the changerooms to keep your clothing and personal belonging while you train. Do not keep valuables in the changeroom lockers.
   2. Subject to availability, we provide valuable lockers on the gym floor to store your valuables.
   3. Lockers may only be used for keeping gym kits, toiletries and the clothing that you were wearing when you arrived at the Club. If we have reasonable grounds to suspect that a locker is being used to store something else, we may request you to open the locker, alternatively we may open the locker (forcibly if required) and remove any offending items.
   4. We cannot guarantee that the use by you of the lockers will prevent theft of your money and/or damage of your possession. As such, we cannot be held liable for the loss of or damage to items stored in any lockers. Please ensure that your personal insurance covers you for loss of personal effects.
   5. Never leave your personal belongings unattended either in changerooms or anywhere else in the Club.
   6. Immediately report lost or missing personal belongings to reception.
   7. Lockers are available for use only while you are in the Club. Any belongings left in a locker overnight will be removed and disposed of within three (3) days.
   8. Lockers are cleared daily at the end of business day.
10. Equipment
    1. Only use equipment for its intended use. If you require help on a certain piece of equipment, please ask one of the fitness instructors for assistance.
    2. Report damaged equipment to reception.
    3. Never exceed equipment’s maximum weight load and when using strength equipment, make sure that weight pin is completely inserted and never pin the weight stack in an elevated position.
    4. Do not use dumbbells or any other equipment (other than equipment specifically provided by the manufacturer) to incrementally increase weight resistance on strength equipment.
    5. Inspect equipment before use and ensure that it is safe to use.
    6. Handle weights and equipment with care and replace weights and equipment after use.
    7. Remember you are in an environment with machinery and equipment which, if not used as per its specifications, could lead to injury or death. As such, always ensure proper use of equipment.
    8. Before stepping onto a treadmill, please make sure that the belt has come to complete stop and never jump off while the belt is still moving.
    9. Always follow the numerical order and timer in the circuit area.
    10. Adhere to time limits of equipment.
    11. No “booking” of equipment is allowed.
    12. No food or glass bottles are allowed on the gym floor – only plastic water bottles will be permitted.
    13. Use sweat towels at all times and use the disinfectant spray and paper towels available to wipe equipment after use.
11. Moove Group Training
    1. Some classes have limited space available and you may need to pre-book. If so, use the Club’s application to pre-book your group training.
    2. Please arrive at least 5 minutes prior to the start of the group training.
    3. If you arrive later than 5 minutes prior to group training your spot will not be reserved and you booking may be given to someone else.
    4. Abuse of the booking application system could lead to cancellation or suspension of membership.
    5. Bookings may only be done for yourself and you cannot book or reserve a seat for a fellow member or guest.
    6. If you have booked a class but were unable to attend, please cancel your booking via the Club’s application system.
    7. If you continue to not show up or cancel classes, we may stop you from pre-booking in the future.
    8. Class timetables and Fitness Instructors may change from time to time and without notice to you. Please check the notice boards, website and Club application system for up to date details.
    9. You may not reserve a seat in the group training by leaving your personal belongings unattended and leaving the studio for extended periods of time. For example, you may not leave your personal belongings on a bike and leave the studio to change for the group class.
    10. The group training instructor has the right to ask a member to leave the group training if their behaviour is disruptive or negative to the group training session.
    11. If you are not participating in a class, please do not disturb the class.
    12. If you choose to attend a class, please follow the instructions of the Fitness Instructor to the best of your ability so as to minimise disruption and safety risks for everyone else.
12. Paid Group training
    1. Paid group training reserved on the application must be cancelled 5hrs prior to the scheduled training session. If you fail to do so, your Fit-pass will be deducted.
13. Boxing
    1. For your own protection, wear protective gear, gum guards, hand wraps and gloves when participating in contact sports or using the equipment and facilities provided for in the boxing studio.
    2. The boxing area is a specialized training area. No full contact is allowed. Only shadow boxing and light sparing is permitted, under the supervision of a trained boxing instructor.
    3. You are requested to observe the space around you when using boxing equipment, skipping ropes etc. to avoid having others.
14. Trampolines
    1. Trampolines are intended for exercise purposes.
    2. Please be cautious when using the trampolines.
    3. Only one person is allowed on one trampoline at one time.
    4. No backflips or summersaults are permitted.
    5. Always use this area with caution.
15. Soccer
    1. No steel studs allowed on the soccer pitch.
    2. You are not permitted to drag weights, drag jump boxes or carry equipment into this area as it can cause damage to the pitch.
16. Streetball
    1. Sneakers or trainers are required on the court.
    2. No equipment may be brought onto the court.
17. Lap Swimming Pool
    1. Please be aware: There is no lifeguard supervision.
    2. Members who do not know how to swim should not use the swimming pool, unless they are always under the supervision of a trained swimming instructor.
    3. The pool area is slippery when wet and you must exercise caution when entering.
    4. No unhygienic behaviour in the pool will be tolerated.
    5. Bathing suits and swimming caps must be worn while swimming and you are requested to shower before entering the pool.
    6. Members are required to pack the pool equipment away after use.
    7. No cannon balls or excessive splashing is permitted.
    8. The swimming pool is only one (1) meter deep and as such, caution must be taken when diving.
    9. We do not permit or endorse any form of hypoxic training where the swimming programme involves limited breathing.
    10. You may not use the pool if you have a water borne infectious condition, or if you have open sores or wounds.
    11. Safety lifesaving devices may not be used for recreational purposes.
    12. Swimming pool lanes may be reserved from time to time for Swim Schools.
    13. No running, jumping or playing rough around the pool area.
18. Swim School Memberships (M2M) Lap Swimming Pool
    1. Junior members under the age of 15 years are not allowed on the gym floor or in or around the swimming pool unless they are a Swim School member with an active and current Swim School membership. Furthermore, the Swim School junior member may only make use of the swimming pool and main gym facilities while under the supervision and instruction of a Swim School coach or swim instructor. The parent or legal guardian of the junior member will always remain accountable for the safety and/or behaviour of their child/ren (including throughout the duration of the training).
    2. Swim School junior members who are under the age of 15 years may only make use of the adult changerooms if they are under the supervision of their parent or legal guardian and provided that they are of the same gender.
    3. If the Swim School junior member is under the sole supervision of the Swim School, the junior member may only use the bathrooms within the Kids Club. Swim School employees and Moove Motion Fitness Club employees may not assist nor accompany junior members to the changerooms.
    4. Swim School members are always required to wear branded swimming caps to identify Swim School members.
19. Plunge Swimming Pool
    1. Please be aware: There is no lifeguard supervision.
    2. The plunge pool may only be used for recreational swimming.
    3. The pool area is slippery when wet and you must exercise caution when entering.
    4. No unhygienic behaviour in the pool will be tolerated.
    5. Bathing suits must be worn while swimming and you are requested to shower before entering the pool.
    6. No cannon balls or excessive splashing is permitted.
    7. No diving is permitted in the plunge pool.
    8. You may not use the pool if you have a water borne infectious condition or if you have open sores or wounds.
    9. Safety lifesaving devices may not be used for recreational purposes.
    10. No running, jumping or playing rough around the pool area.
20. Swim School Kids Club Swimming Pool
    1. Please be aware: There is no lifeguard supervision.
    2. Access to the Kids Club swimming pool is only allowed to junior members under the ages of 15 years with an active and Swim School membership. The parents or legal guardians may enter the swimming pool only if the Swim School swimming instructor requests it as part of the junior member’s swimming lesson. The junior member must be accompanied by their parents or legal guardians at all times. The parents or legal guardians are required to stay for the duration of the swimming training and ensure that when the class or training has come to an end, that the junior member has safely departed with his/her parent or legal guardian.
    3. Use of the Kids Club swimming pool is always reserved for training and may not be used by the junior member unless the junior member has a scheduled swim training session with the Swim School.
    4. The pool area is slippery when wet and you must exercise caution when entering.
    5. No unhygienic behaviour in the pool will be tolerated.
    6. Bathing suits and swimming caps must be worn while swimming and it is requested that the junior member showers before entering the pool.
    7. Swim School branded swimming caps must always be worn to identify Swim School members.
    8. No cannon balls or excessive splashing is permitted.
    9. The junior member may not use the pool if he/she has a water borne infectious condition or if he/she has open sores or wounds.
    10. Babies and toddlers are required to wear aqua nappies or specifically designed baby swim trunks.
    11. No running, jumping or playing rough around the pool area.
    12. Babies, toddlers of children who cannot swim must wear securely fitted floatation devices.
21. Bathrooms
    1. No photographs or videos can be taken in the bathrooms.
    2. No washing of clothing will be permitted in the bathrooms/changerooms.
    3. Only one person is allowed in a shower cubicle at any one time.
    4. Only one person is allowed in a toilet cubicle at any one time.
    5. If a junior member requires a bathroom break his/her parent or legal guardian must accompany the junior member to the bathroom. The junior member, parent or legal guardian are required to be of the same gender.
    6. Shaving is not permitted.
22. Sauna & Steam Room
    1. If you are elderly, pregnant or suffer from heart disease, diabetes, high or low blood pressure or any other serious medical condition, you are advised not to use the sauna or steam room. Always consult with your doctor to ensure that it is safe for you to use the sauna or steam room.
    2. No junior members under 15 years may use the sauna or steam room.
    3. Shower before entering the sauna or steam room.
    4. Sit on a towel when using the sauna or steam room.
    5. Observe a reasonable time limit in the sauna and steam room. A maximum time limit of 15min is allowed in the sauna or steam room.
    6. No nudity allowed in the sauna or steam room and no flashing is allowed.
    7. Do not use oils, creams or cosmetic products in the sauna or steam room.
    8. No items other than a towel and swimming attire are allowed in the sauna or steam room – do not bring any electronic equipment into these areas.
    9. Do not pour any oils, liquids or excessive amounts of water over the hot rocks in the sauna.
    10. You may not increase or decrease the heat in the sauna or steam room.
    11. Be aware that surfaces may be slippery.
    12. The sauna or steam room may be closed from time to time for cleaning purposes.
23. Personal Training
    1. Only authorised Moove Motion Fitness Club Personal Trainers are permitted to provide personal training in the Clubs. Personal training by another member is not allowed, whether it is for payment or not.
    2. If you wish to become a personal trainer, please contact the fitness manager.
    3. If you are interested in receiving personal training, please contact our personal trainers directly for further information.
    4. Services rendered by a personal trainer are between the member and the personal trainer. Members must ensure that they sign an agreement with their personal trainer and that they obtain a receipt every time they purchase sessions.
24. Chiropractor & Bio Kineticist
    1. Only authorised Moove Motion Fitness Club chiropractors and the bio kineticists are permitted to provide the above services at the Clubs. The above-mentioned services are not allowed to be provided by members, whether it is for payment or not.
    2. If you are interested to provide a service at the Club, please contact the fitness manager.
    3. If you are interested in the above-mentioned services, please make contact with the service providers directly.
    4. Services rendered by a chiropractor or bio kineticist are between the member and the chiropractor or bio kineticist. Members must ensure that they sign an agreement with their chiropractor or bio kineticist and that they obtain a receipt every time they purchase sessions.
25. Safety
    1. Take caution when using the facility.
    2. Do not interfere with fire doors or tamper with any safety devices.
    3. Please take note of the emergency procedures, and if there is an emergency, please follow staff’s instructions at all times.
    4. When using staircases, hold the handrails and proceed with caution.
    5. Please follow the health and safety notices displayed throughout the Club.
    6. We use the different floor surfaces throughout the Club and as such, you need to be aware of what you are walking on to avoid injury.
    7. As ongoing cleaning and maintenance will be taking place, related tools and equipment may be hazardous and some floors may be slippery. You are to proceed with caution in these areas.
    8. Listen to your body – if you feel faint or short of breath stop all exercise immediately.
    9. Also cool down and stretch out those muscles.
    10. We recommend that you spend 10 (ten) minutes warming up your muscles before starting any type of exercise. If not, you risk damaging your muscles or straining your heart.
26. Moove Kids Club
    1. Children require an active Moove Kids Club Membership.
    2. The Moove Kids Club Membership is for children between the ages of 4 and 15.
    3. Parents, legal guardians and observers are not allowed access into the Moove Kids Club if they are not accompanying a child.
    4. Persons over the ages of 15 years are not allowed to use the bathrooms within the Moove Kids Club.
    5. Each child is only allowed a maximum of 2 (two) consecutive hours (120 min) in the nursery.
    6. Only the parent or guardian that signed the minor into the Moove Kids Club may take the child for a bathroom break. Moove employees may not assist or take the child for a bathroom break.
    7. Children may only access their gender specific change rooms and bathrooms.
    8. No food or drinks are allowed to be brought into the Moove Kids Club.
    9. Only plastic water bottles are allowed into the Moove Kids Club.
    10. No medication is allowed to be brought into the Moove Kids Club.
    11. No toys are allowed to be brought into or removed from the Moove Kids Club.
    12. If a child is upset, ill, a threat to other children, or disruptive, the parent or legal guardian will be asked to remove their child from the Moove Kids Club.
    13. The company reserves the right to allow children into the Moove Kids Club.
    14. Children who have a Moove Kids Club membership are required to be out of nappies and toilet trained. Moove employees may not assist children in the bathrooms.
    15. Please be advised that the company does not have the facilities necessary to give care to children with special needs and as such, special needs children may not be granted Moove Kids Club membership.
27. Moove Kids Club Drop Off and Collection Rules
    1. Each parent or legal guardian must fill out the attendance register when dropping the child off and the sign out register when the child is collected.
    2. Each child and parent or legal guardian must wear an identity tag and the identity tag may only be removed when the child is checked out of Moove Kids Club.
    3. Only the parent or legal guardian who signed the child into Moove Kids Club will be allowed to remove the child from the Moove Kids Club.
28. Soccer School
    1. Only active Soccer School students may attend Soccer School group fitness training and lessons.
    2. The soccer pitch may be booked from time to time for the Soccer School training.
    3. Soccer School members are required to wear branded Soccer School Kit to identify Soccer School members.
    4. Shin guards are compulsory for all training sessions.
29. Urgent medical attention for minors
    1. The member agrees that any the Company’s staff member, and/or agent and/or representative, as well as any staff member, and/or agent and/or representative of any third party associated with the Company, in whose care a minor child is placed, may provide all and any urgent medical attention to the minor child, as and when required. In which event, the member hereby consents for the said urgent medical treatment to be administered to the minor child.
    2. The member further hereby agrees, and gives permission to the Company, to debit the member’s bank account with an amount equivalent to the cost expended for any such urgent medical treatment, it being agreed that the member remain solely responsible for payment of all and any urgent medical treatment administer to the minor child.

1. GENERAL
   Moove Motion Fitness Club was established in 2016 as a health and fitness operator and currently operates a number of health club facilities in South Africa
2. ALLOWED USE & LICENSE
   1. Moove Motion Fitness Club licenses the User to view, download and print the content of the Moove Motion Fitness Club web site, provided that such content is used for personal, educational and/or non-commercial purposes only.
   2. Content from the Moove Motion Fitness Club web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Moove Motion Fitness Club.
   3. Users may only access and use Moove Motion Fitness Club web site for legal purposes.
   4. The caching of the Moove Motion Fitness Club web site shall only be allowed if:
      1. purpose of the caching is to make the onward transmission of the content from the Moove Motion Fitness Club web site more efficient;
      2. The cached content is not modified in any manner whatsoever;
      3. The cached content is updated at least every 12 (twelve) hours; and
      4. The cached content is removed or updated when so required by Moove Motion Fitness Club.
   5. If any User uses content from the Moove Motion Fitness Club web site in breach of the provisions detailed herein:
      1. Moove Motion Fitness Club reserves the right to claim damages from the User;
      2. Moove Motion Fitness Club reserves the right to institute criminal proceedings against the User; and
      3. Moove Motion Fitness Club shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
   6. Hyperlinks to the Moove Motion Fitness Club web site from any other source shall be directed at the home page of the Moove Motion Fitness Club web site. Moove Motion Fitness Club shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Moove Motion Fitness Club web site, if such content was accessed through a hyperlink not directed at the home page of the Moove Motion Fitness Club web site. Persons that wish to link to content beyond the home page of the Moove Motion Fitness Club web site shall do so at their own risk and indemnify Moove Motion Fitness Club against any loss, liability or damage that may result from the use of content from the Moove Motion Fitness Club web site, if such content was accessed through a hyperlink not directed at the home page of the Moove Motion Fitness Club web site. Moove Motion Fitness Club non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
   7. Users may quote small and reasonable amounts of content available from the Moove Motion Fitness Club web site only if such quote is placed in inverted commas and acknowledged.
   8. No person may frame the Moove Motion Fitness Club web site, in any manner whatsoever, without the prior written consent of Moove Motion Fitness Club.
   9. Apart from bona-fide search engine operators and use of the search facility provided on the Moove Motion Fitness Club web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Moove Motion Fitness Club web site for any purposes, without the prior written consent of Moove Motion Fitness Club.
   10. All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Moove Motion Fitness Club at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS & DOMAIN NAME USE
   1. All intellectual property on the Moove Motion Fitness Club web site, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Moove Motion Fitness Club and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Moove Motion Fitness Club web site are expressly reserved.
   2. Moove Motion Fitness Club is a registered trademark and Users agree not to use the trademark as an elements of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to Moove Motion Fitness Club at the cost of the User.
4. SOFTWARE & EQUIPMENT
   Access to the services, content, software and content downloads available from the Moove Motion Fitness Club web site is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Moove Motion Fitness Club has the duty to disclose the following information: 
   1. The full name and legal status of the web site owner: Gym Manco SA PTY LTD t/a Moove Motion Fitness Club
   2. Street address: ERF 207, South Africa Drive, Cosmo City
   3. Postal address: ERF 207, South Africa Drive, Cosmo City
   4. Physical address for receipt of legal service ERF 207, South Africa Drive, Cosmo City
   5. Main business: The main business of Moove Motion Fitness Club is detailed at https://www.moovemfc.co.za;
   6. The web site address of the Moove Motion Fitness Club web site is: https://www.moovemfc.co.za;
   7. The official e-mail address of the Moove Motion Fitness Club web site is: info@moovemfc.co.za;
   8. The costs associated with the access and use of the Moove Motion Fitness Club is available from https://www.moovemfc.co.za;
   9. Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
      1. access to the Moove Motion Fitness Club web site;
      2. the inability to access the Moove Motion Fitness Club web site;
      3. the services and content available from the Moove Motion Fitness Club web site; or
      4. these terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za;
   10. Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do apply to this web site; and
   11. Users may lodge complaints concerning the Moove Motion Fitness Club web site with Moove Motion Fitness Club at (telephone) 010 595 2262 or (email) info@moovemfc.co.za
5. CHANGES AND AMENDMENTS
   Moove Motion Fitness Club expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice: 
   1. change these terms and conditions;
   2. change the content and/or services available from the Moove Motion Fitness Club web site;
   3. discontinue any aspect of the Moove Motion Fitness Club web site or service(s) available from the Moove Motion Fitness Club web site; and/or
   4. change the software and hardware required to access and use the Moove Motion Fitness Club web site.
6. PRIVACY
   1. Moove Motion Fitness Club shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za.
   2. Moove Motion Fitness Club may electronically collect, store and use the following personal information of Users:
      1. name and surname;
      2. contact numbers;
      3. non-personal browsing habits and click patterns;
      4. e-mail address; and
      5. IP address.
   3. Moove Motion Fitness Club collects, stores and uses the abovementioned information for the following purposes:
      1. communicate requested information to the User; and
      2. to compile non-personal statistical information about browsing habits, click-patterns and access to the Moove Motion Fitness Club web site.
   4. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
   5. Moove Motion Fitness Club may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
      1. Moove Motion Fitness Club shall not disclose personal information from Users unless the User consents thereto;
      2. Moove Motion Fitness Club shall disclose information without the User’s consent only through due legal process; and
      3. Moove Motion Fitness Club may compile, use and share any information that does not relate to any specific individual.
   6. Moove Motion Fitness Club owns and retains all rights to non-personal statistical information collected and compiled by Moove Motion Fitness Club.
7. HYPERLINKS TO THIRD PARTY SITES
   1. Moove Motion Fitness Club may provide hyperlinks to web sites not controlled by Moove Motion Fitness Club (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
   2. Moove Motion Fitness Club does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
8. SECURITY
   1. Moove Motion Fitness Club shall take all reasonable steps to secure the content of the Moove Motion Fitness Club web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Moove Motion Fitness Club does not make any warranties or representations that content shall be 100% safe and secure;
   2. Moove Motion Fitness Club is under no legal duty to encrypt any content or communications from and to the Moove Motion Fitness Club web site and is also under no legal duty to provide digital authentication of any page on the Moove Motion Fitness Club web site;
   3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Moove Motion Fitness Club web site or the server and computer network that support the Moove Motion Fitness Club web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Moove Motion Fitness Club web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Moove Motion Fitness Club harmless against any and all liability, damages and losses Moove Motion Fitness Club and its partners / affiliates may suffer as a result of such damaging code;
   4. Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and Moove Motion Fitness Club reserves the right to claim damages any and all persons concerned with a security failure or breach; and
   5. Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Moove Motion Fitness Club and its partners / affiliates. The ECT Act may be downloaded from: –– http://www.polity.org.za
9. DISCLAIMER & LIMITATION OF LIABILITY
   1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Moove Motion Fitness Club (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
      1. access to the Moove Motion Fitness Club web site;
      2. access to web sites linked to the Moove Motion Fitness Club web site;
      3. inability to access the Moove Motion Fitness Club web site;
      4. inability to access web sites linked to the Moove Motion Fitness Club web site;
      5. content available on the Moove Motion Fitness Club web site;
      6. services available from the Moove Motion Fitness Club web site;
      7. downloads and use of content from the Moove Motion Fitness Club web site;
      8. any other reason not directly related to Moove Motion Fitness Club gross negligence.
   2. The Moove Motion Fitness Club web site is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Moove Motion Fitness Club, that the content available from and through the Moove Motion Fitness Club web site meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
   3. Information, ideas and opinions expressed on the Moove Motion Fitness Club web site should not be regarded as professional advice or the official opinion of Moove Motion Fitness Club and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Moove Motion Fitness Club web site.
   4. Moove Motion Fitness Club does not make any warranties or representation that content and services available from the Moove Motion Fitness Club web site will in all cases be true, correct or free from any errors. Moove Motion Fitness Club shall take all reasonable steps to ensure the quality and accuracy of content available from the Moove Motion Fitness Club web site.
   5. Moove Motion Fitness Club does not make any warranties or representations that the Moove Motion Fitness Club web site shall be available at all times. Users acknowledge that the Moove Motion Fitness Club web site may be unavailable due to updates or other causes beyond the reasonable control of Moove Motion Fitness Club, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God”.
10. REMOVAL & CORRECTION OF CONTENT
    Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Moove Motion Fitness Club web site to Moove Motion Fitness Club and Moove Motion Fitness Club undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
11. INTERCEPTION OF COMMUNICATION
    1. Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Moove Motion Fitness Club’ right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Moove Motion Fitness Club web site, its staff and employees; and
    2. The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
12. ENTIRE AGREEMENT & SEVERABILITY
    1. Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between Moove Motion Fitness Club and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Moove Motion Fitness Club from the User.
    2. Any failure by Moove Motion Fitness Club to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
    3. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
13. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
    The User and Moove Motion Fitness Club agree that: 
    1. the User shall be bound to these term and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the Moove Motion Fitness Club web site for the first time or immediately after the User indicated consent as required in Content Use Agreement;
    2. data messages (as defined in the ECT Act) addressed by the User to Moove Motion Fitness Club shall only be deemed to have been received if and when responded to;
    3. data messages (as defined in the ECT Act) addressed to the User by Moove Motion Fitness Club shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
    4. data messages (as defined in the ECT Act) addressed by the User to Moove Motion Fitness Club shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
    5. electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Moove Motion Fitness Club; and
    6. the User agrees and warrants that data messages that are sent to Moove Motion Fitness Club from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
14. APPLICABLE & GOVERNING LAW
    Subject to clause 5.13, the Moove Motion Fitness Club web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Moove Motion Fitness Club web site, its content, services and these terms and conditions.
15. LEGAL COSTS
    Moove Motion Fitness Club shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
    © 2018. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.​