TERMS AND CONDITIONS OF SERVICE
As a result of the Protection of Personal Information Act 4 of 2013 – I, the undersigned, hereby expressly acknowledge, understand, and agree to provide personal information to NuHuman Transformation Clinic with the express understanding that:
All personal information, including special personal information, provided to NuHuman Transformation Clinic may be processed as defined in the Protection of Personal Information Act (“POPI”),
Specific consent is given that the personal information may be retained for the duration of the membership/ professional relationship between us and for a period of seven years after submission of the information herein,
Specific consent is given that the personal information may be collected (including collection from any third party or source), received by the Company, recorded, organised, collated, stored, updated, modified, retrieved, altered, consulted, used, processed for the purpose of this employment application, transmitted – including transmission to a third party in a foreign country, distributed or made available – also in another form, subjected to further processing, merged, linked, restricted, degraded, erased and destroyed. Will ensure that any personal information of a child will be supplied to the Company only with the consent of a competent person to all the provisions set out herein.
EFFECTIVE FROM: 1 August 2021
INTERPRETATIONS AND DEFINITIONS
1.1 The following words shall, unless the context otherwise requires, have the meanings hereinafter assigned to them:
- words signifying the singular number shall include the plural and vice versa;
- words signifying the masculine shall include the feminine;
- any words defined in the Electronic Communications and Transactions Act 25 of 2005 not defined hereunder shall bear the same meaning in these Terms and Conditions in relation to matters referred to herein;
- a reference to any Act shall include any amendment thereto or Act in substitution, therefore;
- each term, power or authority herein shall be given the widest possible interpretation;
- the headings to the sections in these Terms and Conditions are for reference purposes only and shall not be taken into account in the interpretation of the provisions in these Terms and Conditions.
1.2 The following words expressions and abbreviations shall have the meaning hereinafter assigned to them:
- ‘content’ means any material, in whatever form, including but not limited to any information, posts, photographic shots, 3D conversions of photographic shots, 3D tour, video recordings, adaptations, logos, buttons, icons, software, trademarks, texts, graphics, software, music, sound, audio, photographs, videos, data, database, Intellectual Property, Confidential Information contained in this Website, Digital and Online Platform;
- ‘Copyright’ means the Intellectual Property contained in the content which shall vest in all the content contained on this Website, Digital and On-line Platform, such content irrespective of the form in which it is displayed or presented remains the property The NUHUMAN GROUP;
- “CPA” means the Consumer Protection Act, 68 of 2008;
- “Effective Date” means the date upon which this Agreement take effect and the membership is operative;
- “Equipment” means the equipment, weights, machines, sporting and other facilities of the Clubs;
- “Fixed Term” means the minimum Agreement period as stipulated on the application form, which is calculated from the Effective Date;
- ‘Intellectual Property’ means any and all information, content, Copyright, graphics or otherwise contained in this Website, Digital and On-line Platform, irrespective of whatever form it takes;
- ‘Terms and Conditions’ means this agreement between the users or visitors of our clinics and this Website, Digital and On-line Platform and the proprietor of this Website, Digital and Online Platform;
- “Member” refers to the member whose name/s, address and other details appear on the application form under the heading “Member Details”;
- “Membership Fees” means the fees which are payable by you to us in accordance with the provisions of this agreement;
- ‘Party’ singularly refers to a user of this Website, Digital and On-line Platform and visitors of our clinics; ‘Parties’ collectively refers to a user of this Website, Digital and On-line Platform, visitors of our clinics and the proprietor of the Website, Digital and Online Platform;
- ‘Service’ means the services and products provided by The NUHUMAN GROUP and its Franchisees;
- “Signature Date” means the date of signature of this agreement by the last Party to sign same;
- ‘Website, Digital and Online Platform’ means the NUHUMAN GROUP Website, Digital and Online Platform, owned and operated by NUHUMAN (PTY) LTD which can be accessed on www.NuHuman.co.za; and
- ‘written notice’ means any notice sent to The NUHUMAN GROUP by a Member or user of the Website, Digital and Online Platform, addressed to The NUHUMAN GROUP.
- Month to month, applicable notice period, 30 (thirty) days;
- 6 Month fixed term, applicable notice period, as per 2.2 below;
- 12 Month fixed term, applicable notice period, as per 2.2 below;
2.1. Your membership in terms of this Agreement will start on the Effective Date.
2.2. You can terminate this Agreement :(a) on the expiry of the Fixed Term, on written notice to us; or (b) during the Fixed Term, on 20 (twenty) Business Days written notice to us.
2.3. We may, during the Fixed Term, terminate this Agreement 20 (twenty) Business Days’ after giving you written notice to remedy a material breach and you failing to remedy such breach within that period.
2.4. Should you terminate this Agreement prior to the expiry of the Fixed Term (or any renewal period) for any reason other than provided for in this Agreement, you will be responsible for 50% (Fifty Percent) of the amounts owing to us up until the date of termination and we will be entitled to levy a reasonable cancellation penalty of R1 000 determined in accordance with the guidelines set out in the CPA and, if applicable, the CPA Regulations.
2.5. On the expiry of the Fixed Term, this Agreement will be automatically continued on a month-to-month basis, (subject to any changes of which we will have given you notice as is required in the CPA) unless you expressly tell us to terminate this Agreement on the expiry of the Fixed Term or you agree to a renewal of this Agreement for a further Fixed Term.
2.6. We reserve the right to terminate this Agreement on the expiry of the Fixed Term, on notice to you.
- Individual membership
- Family membership
- Digital membership
ACCESS TAG OR CONTROL
A once-off access tag fee or tag reactivation fee as specified by us will be payable by you. Your access tag is required to enable you to gain access to the Clubs. If you lose your access tag, you will be required to replace it at a fee specified by us.
ONCE-OFF JOINING CHARGE
You will be required to pay the Joining Charge to us which is not related to the cost of the membership, access to the service facilities or the clinics. For the avoidance of doubt, the Joining Charge does not give you ongoing access to the Clubs and is additional to payment of the Membership Fees. The Joining Charge is non-refundable, except where you have exercised your right to cancel this Agreement during the cooling-off period. If your membership is cancelled for any reason by you or us and you subsequently wish to rejoin, then you will have to pay the applicable Joining Charge again.
The Membership Fees are payable by you each month for access to a clinic (in accordance with your selected Membership Type), which is to be paid by you as follows:
- in the amount stated on the application form under the heading ” Membership Fee” for those number of the months of the Fixed Term as is stated in the Agreement;
- in the amount stated on the application form under the heading ” Membership Fee”, for each and every month of the balance (if any) of the Fixed Term, payable on the date of the month (as stated on the application form) commencing on the month of in which the Signature Date occurs, and thereafter on the same day of each and every succeeding month of the Fixed Term;
- Membership Fees due by you to us for the initial month will be Pro-Rated from the Effective Date to the end of the initial month.
- For each and every month that this Agreement continues after the expiry of the Fixed Term, the Membership Fees are payable by you to us for ongoing access to the relevant clinics (in accordance with your selected clinic membership benefit) will be equal to:
- the Membership Fees applicable for the last month of the Fixed Term, which will automatically escalate after the expiry of the Fixed Period and each and every annual anniversary thereafter at the greater of 10% or the increase by the percentage increase in the CPI, which is to be paid by you on the date of the month (as stated on the application form) following the month of the after the expiry of the Fixed Term and thereafter on the same day of each and every succeeding month.
- You are required to pay to us the Joining Charge by no later than the Contract Start Date.
You have the right to terminate this Agreement, which must be exercised by notice in writing from you to us given and received within 5 (five) Business Days after the Signature Date. If you exercise the right of termination, this Agreement will automatically be terminated you will be refunded any payment we received from you within 15 (fifteen) Business Days after your notice of termination is received by us.
You agree that we are entitled at any time to communicate with any registered Credit Bureau to obtain any information relating to payment behaviour, creditworthiness or defaults and that such information can be disclosed to any other person. Should you default in the due and punctual fulfilment of any obligation in terms of this Agreement, we will have the right to provide credit bureaus and agencies with details of your breach.
USE OF THE FACILITIES
To the extent permissible by law and subject always to the provisions of the CPA:
- I agree that the use of the Equipment is strictly at my sole risk. I agree to use the Equipment with all reasonable skill and care and in accordance with the manufactures’ suggested or stipulated specifications as laid down in any documentation or manual and I undertake to pay for all and any damage to the Equipment caused by me or persons using the Equipment with my authorisation.
- Access to the clinics will be subject to your compliance with this paragraph and with the terms and conditions of this Agreement.
- We reserve the right to exclude you from the clinics in the event of an actual or threatened breach of this paragraph or other conditions of this Agreement.
10.1. You are required at all times to comply with the rules, policies and procedures as established by us regarding access, use and enjoyment of the clinics and which are considered to form part of the terms and conditions of this Agreement. We reserve the right to amend or add any of such rules, regulations and procedures at any time at our discretion. A copy of the current rules and regulations is available at your NuHuman Transformation Clinic.
10.2. Appropriate action will be taken against any member should he or she fail to comply with the rules and policies, including termination of membership. If we suspect that you are guilty of any conduct which would entitle us to terminate your membership, then we will be entitled in our discretion, pending the completion of our further enquiries and our final decision whether or not to terminate your membership, to suspend your membership.
WARRANTY AND LIABILITY
11.1. The products, claims made about specific products sold and marketed, procedures, advice and services, provided by NUHUMAN TRANSFORMATION CLINIC (PTY) LTD (hereinafter referred to as (“NUHUMAN”) have been evaluated and certified by the Health Products Association of South Africa. Although good results are expected, NUHUMAN cannot guarantee or give a warranty either expressed or implied with regard to the results that may be obtained.
11.2. The NUHUMAN products, procedures, advice and services are not intended to provide diagnosis, treatment or medical advice. Products, services, procedures, advice and information and/or other content provided on the NUHUMAN website or in stores, including information that may be provided on the website directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.
11.3. Products, procedures, advice, services and information provided on the website and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information provided by NUHUMAN including any product label or packaging should not be considered as a substitute for advice from a healthcare professional.
11.4. NUHUMAN does not recommend self-management of health issues. The products, procedures, advice, services and information which we provide on our website and/ or other platforms is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health-related questions. Never disregard or delay medical advice based upon the information you may have acquired from NUHUMAN, its employees, or associates.
11.5. Links to or access from any third-party websites or resources is not an endorsement of any information, products, procedures, advice or services. We are not responsible for the content or performance of any third party websites. Use of any third party website is at your own risk.
11.6. You should not use the products, procedures, advice or services provided by NUHUMAN to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homoeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue.
11.7. Individuals are different and may react differently to different products, procedures, advice or services. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any of HUHUMAN’s forums, by employees or users of our products, procedures, advice or services are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent our positions or views.
11.8. Product and service ratings by any current or previous employees or customers are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional. We are not liable for any information provided by any third party with regard to recommendations regarding supplements for any health purposes.
11.9. Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labelling and packaging details and recommended use.
I hereby waive any and all claims of whatsoever cause or nature, howsoever arising against the NUHUMAN its directors, shareholders, principals, partners, employee’s, contractors, insurers, representatives and its successors in title or any person connected to NUHUMAN whether directly or indirectly with the running and/or operations of NUHUMAN, which I, my dependents, executors or curators might have arising out of any harm, injury, illness, death or loss suffered from the use of NUHUMAN’s products, procedures, advice or services and whether arising from an act of commission or omission on the part of those hereby indemnified or anyone of them.
I hereby indemnify and hold harmless and free NUHUMAN its directors, shareholders, principals, partners, employee’s, contractors, insurers, representatives and its successors in title or any person connected to NUHUMAN whether directly or indirectly involved with the running and/or operations of NUHUMAN from any and all claims of whatsoever cause or nature which may arise on behalf of my spouse, children (whether minor or major), relatives and/or persona who may make use of the products, procedures, advice or services which I acquired from NUHUMAN and who suffer harm, injury, illness, death or loss as a direct or indirect result of using NUHUMAN products, procedures, advice or services and whether arising from an act of commission or omission on the part of those hereby indemnified or anyone of them.
I, the undersigned, certify that I have read and fully understand the contents of this form, furthermore, I fully understand the possible risks associated with the proposed treatment procedures and acknowledge that no guarantee has been made to me regarding the outcome of the said procedures or use of the products or services. I attest hereto to the fact that I have made the decision to accept the advice, procedures, services and products provided and/or sold by NUHUMAN based on the comparison of the risks and potential benefits, I attest that NUHUMAN has advised me to discuss the alternative health and well-being advice, products, procedures and services with a medical professional and as such I attest that I have made my decision voluntarily and freely.