Terms & Conditions

CloudFIT TERMS of USE

These Terms of Use were updated on 22/05/2020

CloudFIT provides a personalized subscription service that allows our members to access live group exercise classes and a library of workouts (“CloudFIT content”) streamed over the Internet to certain Internet-connected mobile phones, tablets, laptops, TVs, computers and other devices (“CloudFIT ready devices”).

These Terms of Use govern your use of our service. As used in these Terms of Use, ” CloudFIT service”, “our service” or “the service” means the personalized service provided by CloudFIT for browsing and watching CloudFIT content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

1.     Membership

1.1.       In order to access the services provided on this website, you must become a registered user.  You must complete registration by providing certain information as set out on our membership/registration page.  Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

1.2.       You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

1.3.       On registration, you select a password which can be used to access your membership information.

1.4.       On registration you agree to pay for our services as set out on our website.

1.5.       We reserve the right to terminate your registration at any time if you breach these terms and conditions.

1.6.       Your CloudFIT membership will continue until terminated, either by you or by us.

1.7.       To use the CloudFIT service you must have Internet access and a CloudFIT capable device, and provide us with a Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as listed as a payment method by the PayFast third party payment service, and may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below).

1.8.       We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your CloudFIT membership by visiting our website and clicking on the “Account” link available at the bottom of the pages of the CloudFIT website under your profile name.

2.     Free Trials

2.1.       From time to time we may offer new customers a free trial at the start of their CloudFIT membership. The duration of the free trial period of your membership will be specified during sign-up and is intended to allow new members to try the service.

2.2.       Free trial eligibility is determined by CloudFIT at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent CloudFIT membership to determine eligibility. For combinations with other offers, restrictions may apply.

2.3.       We will charge the membership fee for the next billing cycle to your Payment Method at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the membership price and end date of your free trial period, visit our website and click the “Billing details” link on the “Account” page.

3.     Billing and Cancellation

3.1.       Our services are provided to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age. Minors may only use the service under the supervision of an adult.

3.2.       All prices are in South African Rands (ZAR) and are inclusive of VAT.  We endeavour to ensure that our pricelist is current.  Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.  If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

3.3.       Billing Cycle: The membership fee for the CloudFIT service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method as selected by you when signing up for memebership. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the “Billing details” link on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

3.4.       Payment Methods: To use the CloudFIT service you must provide a Payment Method. You authorize us to charge you via this Payment Method associated to your account for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

3.5.       Updating your Payment Methods: For recurring billing, if you wish to update your Payment Method you will need to cancel your current subscription and take out a new one for the following month. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

3.6.       Cancellation: You can cancel your CloudFIT membership at any time, and you will continue to have access to the CloudFIT service through to the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unparticipated CloudFIT content. To cancel, go to the “Account” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page.

3.7.       Changes to the Price and Subscription Plans: We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

4.     CloudFit Service

4.1.       The CloudFit service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your CloudFit membership we grant you a limited, non-exclusive, non-transferable right to access the CloudFit service and view CloudFit content. Except for the foregoing, no right, title or interest shall be transferred to you.

4.2.       The CloudFit service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of CloudFit content.

4.3.       You agree to use the CloudFit service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the CloudFit service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the CloudFit service; use any robot, spider, scraper or other automated means to access the CloudFit service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the CloudFit service; insert any code or product or manipulate the content of the CloudFit service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the CloudFit service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

4.4.       The quality of the display of the CloudFit content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 1.2 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

4.5.       CloudFit software is developed by, or for, CloudFit and is designed to enable viewing of CloudFit content through CloudFit ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the CloudFit and related third-party software.

4.6.       This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

5.     Zoom Third Party Software

5.1.       CloudFIT makes use of Zoom third party software for facilitating all live classes on video conference calls. This is a separate application and members will need to download, install, and create an account for Zoom.

5.2.       By registering on CloudFIT you are agreeing to the Zoom Terms of Service, Acceptable Use Policy, Privacy Policy, and all other Policies and Notices as may be issued from time to time by Zoom.

5.3.       Members should ensure that they use the same email account when registering with Zoom and CloudFIT, to ensure that membership access to classes is granted in Zoom.

5.4.       Members do not need to pay for Zoom – the free account is sufficient.

6.     Other third party software

6.1.       CloudFIT may also make use of other third party software for storing videos and other content. By accessing this content via the CloudFIT website you are agreeing to all Terms, Policies and Notices applicable to these third party sites.

7.     Passwords and Account Access.

7.1.       A member who created a CloudFit account and whose Payment Method is charged (the “Account Owner”) has access and control over the CloudFit account and the CloudFit ready devices that are used to access our service, and is responsible for any activity that occurs through their CloudFit account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, CloudFit or our partners from identity theft or other fraudulent activity.

8.     Warranties and Limitations on Liability.

8.1.       The CloudFit service is provided “as is” and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.

9.     Intellectual Property Rights

9.1.       The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

9.2.       All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

9.3.       Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property.  If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

9.4.       If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

10.   Disclaimers

10.1.    Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

10.2.    To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

10.3.    We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

10.4.    From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders.  Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

11.   Limitation of Liability

11.1.    To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.

11.2.    We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.

12.   Indemnity

12.1.    By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

12.2.    By using our service you have declare that you are in good health and able to exercise. Should you not be able or unsure of your health, it is up to you to seek medical advice.

13.   Force Majeure

13.1.    If a Force Majeure event causing delay continues for more than thirty days, we may terminate this Agreement by giving at least Seven days Notice to you.  “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

14.   Jurisdiction

14.1.    These Terms of Use are to be governed by and construed in accordance with the laws of South African and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South African and you agree to submit to the jurisdiction of those Courts.

14.2.    If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

15.   Miscellaneous

15.1.    Governing Law: These terms and conditions are to be governed by and construed in accordance with the laws of South African and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South African and you agree to submit to the jurisdiction of those Courts.

15.2.    Unsolicited Materials: CloudFit does not accept unsolicited materials or ideas for CloudFit content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to CloudFit

15.3.    Customer Support: To find more information about our service and its features or if you need assistance with your account, please visit the CloudFit Contact us on our website. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

15.4.    Survival: If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

15.5.    Changes to Terms of Use and Assignment: CloudFit may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

15.6.    Electronic Communications: We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

16.   Privacy

16.1.    We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

16.2.    Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from the bottom of our home page.