- 1.1. Users may not download, view or print content from this website for any use whatsoever.
- 1.2. All copyrights and moral rights of Body Divine and its employees and/or agents are reserved.
- 1.3. Body Divine assumes no responsibility or liability for the content of third party websites.
This website is operated by Body Divine Online (registration no.: in due course) trading (hereinafter referred to as "body divine”)
Kindly ensure that you read these terms and conditions carefully. by using this website and by subscribing to this website you are agreeing to body divine’s terms and conditions contained below (as amended from time to time).
1 - Copyright
2 - Intellectual Property Rights
- 2.1. All the content, trademarks and data on this website, including but not limited to, videos, streaming material, exercise sequences, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Body Divine and as such are protected from infringement by local and international legislation and treaties.
- 2.2. Body Divine logos and slogans, and product and service names, are the Intellectual property and trademarks of Body Divine (the “Body Divine Marks”). You agree not to copy, distribute or display or use in any manner whatsoever the Body Divine Marks without the prior written permission of Body Divine.
3 - Electronic Communication
- 3.1. When you subscribe to this website or send an e-mail to Body Divine, you consent to receiving communications from Body Divine electronically and you furthermore agree that all agreements, notices, disclosures and other communications sent by Body Divine satisfy any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
4 - Disclaimer
- 4.1. Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Body Divine nor any of its employees, agents and/or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website.
- 4.2. Furthermore, Body Divine makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions. Users are encouraged to report any possible malfunctions and errors.
- 4.3. While it uses its best endeavours to do so, Body Divine cannot screen or edit all the content available from this website and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Body Divine of any content that may be offensive or illegal.
- 4.4. None of Body Divine’s employees hold any medical qualifications and are not medical care providers. No information given on the Body Divine website should be construed as medical advice.
- 4.5. Body Divine recommends that you consult with a doctor before starting any exercise plan, especially if you have any medical conditions or your family has a history of medical conditions which could be affected by exercise.
- 4.6. If you are concerned about your health or if you have any health related questions, Body Divine recommends addressing these questions and concerns to your doctor.
- 4.7. Should you feel ill, dizzy, in pain or struggle to breathe while performing any exercise, you must immediately stop and seek professional medical assistance.
- 4.8. Body Divine will endeavour to ensure that classes are streamed live but there may be times when a class cannot be streamed live and in these circumstances a pre-recorded video will be used in substitution.
- 4.9. Should Body Divine be unable to stream a class live or provide a pre-recorded video in substitution, the subscriber shall be entitled to a credit for the class that was not provided.
- 4.10. Should Body Divine no longer be able to provide any class, whether live or pre-recorded the subscriber will be refunded in the sum equivalent to the classes that it would have been able to stream or watch.
5 - Subscriptions
- 5.1. Subscription plans will be available for purchase. Each subscription plan will give you access to stream certain classes at certain times, depending on the subscription plan you have purchased.
- 5.2. Different subscription plans may be offered by Body Divine that may vary in access to streaming and the length of the subscription plan.
- 5.3. The subscription fee will apply whether or not you stream classes or not.
- 5.4. Only Body Divine will manage and bill for the subscription plans.
- 5.5. All purchases made on the Body Divine website are processed securely through PayFast, a payment gateway provider. You must refer to their terms and conditions for additional information.
- 5.6. All payments must be made at the time of purchase and you will only be granted access to your subscription once payment is received.
6 - Cancellation & Subscriptions
- 6.1. You may cancel your subscription at any time.
- 6.2. Unless you cancel your subscription at least 24 hours before the start of your next billing period, you will be charged for the remainder of your billing period.
- 6.3. After cancellation, you will continue to have access to Body Divine’s online classes for the remainder of your billing period.
7 - Governing Law
- 7.1. This website is hosted, controlled and operated from the Republic of South Africa and therefore the laws of South Africa and the jurisdictional of the South African Courts govern the user agreement and terms and conditions.
8 - Security
- 8.1. Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be prosecuted and civil damages shall be claimed in the event that Body Divine suffers any damage or loss.
- 8.2. You agree and warrant that your subscription shall:
8.2.1. Be used for personal use only; and
8.2.2. Not be disclosed to any third party.
- 8.3. You consent to Body Divine taking all reasonable steps to ensure the integrity and security of this website and back-office applications.
9 - Domicilium
- 9.1. Body Divine chooses as its domicilium citandietexecutandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Body Divine Pilates (Pty)Ltd
10 - Privacy / Cookies
- 10.1. Body Divine shall take all reasonable steps to protect your personal information. 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).
- 10.2. By logging in to the Body Divine website and providing Body Divine with your information you consent and agree to Body Divine capturing your data and keeping a record for the purposes set out in this clause 11.
10.3. Body Divinemay electronically collect, store and use the following personal information:
10.3.1. Name and surname;
10.3.2. Birth date;
10.3.4. Country of residence;
10.3.5. Closest city;
10.3.6. Non-personal browsing habits and click patterns;
10.3.7. Cellphone number;
10.3.8. E-mail address; and
10.3.9. IP address.
- 10.4. Body Divine collects, stores and uses the above-mentioned information for the following purposes:
10.4.1. To greet you when you access this website;
10.4.2. To inform you of facts relating to your access and use of this website;
10.4.3. To inform you about competitions, special offers and future events from Body Divine and/or its partners / affiliates;
10.4.4. To compile non-personal statistical information about browsing habits, click-patterns and access to this website.
- 10.5. Information detailed above is collected either electronically by using cookies or is provided voluntarily by you.
- 10.8. You may elect not to receive any communications from Body Divine and/or its partners / affiliates.
- 10.9. Body Divine may collect, maintain, save, compile, share, disclose and sell any information collected from you, subject to the following provisions:
10.9.1. Body Divine shall not disclose your personal information unless you consent thereto;
10.9.2. Body Divine shall disclose information without your consent only through due legal process; and
10.9.3. Body Divinemay compile, use and share any information that does not relate to any specific individual.
- 10.10. Body Divine owns and retains all rights to non-personal statistical information collected and compiled by Body Divine.
11 - Links
- 11.2. Body Divine users that visit third party websites are responsible for reviewing and understanding the third party websites. By using this website you release Body Divine from any and all liability for your third party access. Body Divine hopes the user to uses their full discretion when venturing off of Body Divine to visit third party websites.
12 - Warranty
- 12.1. The user agrees that the use of this site shall be at the user’s sole risk. This site, disclaims all warranties in connection with this website and your use thereof to the fullest extent of the law. Body Divine expressly disclaims all warranties of any kind, whether express or implied.
- 12.2. Body Divine makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any:
12.2.1. Any uUnauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
12.2.2. Errors in the contents or components of the service provided by Body Divine;
12.2.3. Results that may be obtained from the use of the services of Body Divine will be accurate or reliable;
12.2.4. Implication tThat the service provided by Body Divine is free of viruses or other harmful components;
12.2.5. Personal injury, loss of life or damage to property, of any nature whatsoever, resulting from your access to and use of this website;
12.2.6. Any iInterruption or cessation of transmission to or from this website;
12.2.7. Products or services as advertised or offered by any third party through this website or any hyperlinked website or featured in any banner or other advertising.
13 - Limitation of Liability
- 13.1. The user expressly understands and agrees that Body Divineshall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Body Divine has been advised of the possibility of such damages), resulting from the use of or the inability to use the service provided by Body Divine;
13.2. Body Divine, its officers, directors, employees, or agents, shall in no event be liable to the user or any other party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
13.2.1. bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Body Divine site by any third party;
13.2.2. personal injury, loss of life or property damage, of any nature whatsoever, resulting from your access to and use of the Body Divine site;
13.2.3. any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
13.2.4. content or conduct of any third party provided through the service of Body Divine;
13.2.5. unauthorised access to or disclosure or alteration of your postings, transmissions or data;
13.2.6. errors, mistakes, or inaccuracies of content.
14 - Changes to Terms and Conditions
Once an order is placed, we need 2-3 business days to build and compress your mattress before boxing and shipping directly to you. UPS in-transit times vary from 1-3 business days depending on location. We will send you another email with your tracking details as soon as your Leesa leaves the building.