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Terms and Conditions

Terms and Conditions

Welcome to Best10

1. Introduction

These terms and conditions (“Terms“) outline the rules for the use of Best10’s Website and Services.

By using the Services, you accept these Terms in full. Do not continue to use Best10’s Services if you do not accept all of these Terms, and the terms of our Privacy Policy (assessable at http://www.best10.app/privacy-policy/).

The following terminology applies to these Terms:

  • Best10“, “the Company“, “Ourselves“, “we“, “our” and “us“, refers to JayKayFit Proprietary Limited trading as Best10 (registration number 2019/350865/07), with its registered address at 101 Bree Street, Cape Town, 8000, Western Cape, South Africa.
  • Client“, “you” and “your” refers to you, the person accessing the Website, using the Services and accepting these Terms.
  • Fees” mean the Subscription Fees and Trial Fees, as described below.
  • Party” and “Parties” refers to both the Client and the Company, or either the Client or the Company.
  • Services” mean the customised training and nutrition programs, and related features, that we provide when you sign up with Best10 as a Client.
  • Website” means http://www.best10.app/.

These Terms apply for as long as you use our Services, which includes the period until any disputes have been settled in the event of any disputes arising from your use of the Services.

We may amend these Terms and our Services from time to time at our discretion. We will notify you of material changes to these Terms and the Services via email or with a notice on the Website. You may be required to accept new or amended Terms to continue using the Services. If you don’t agree to any changes, you can stop using the Services. We will inform you of any material changes to the Services by email or on the Website. Continued use of the Website after this notice has been displayed will be deemed as your acceptance of the changes. Should any changes to the Services result in you having less functionality, we will notify you at least 30 calendar days before any such changes take place, unless prior notice is not reasonably possible in the circumstances.

2. Our Services

Best10 offers a personalised lifestyle subscription program that includes a customised training plan, meal plan and digital support from a nutrition expert via an online portal on the Website. Further details about the Services are also available on the Website.

The information provided in the Services and on the Website are used at your own risk.  The information that we provide, which includes nutrition information, is not professional or medical advice and you use that information for your own personal use and at your own risk. It is your responsibility to seek medical advice on the effects of the information provided in the Services.

The Services are tailored to you, based on the information that you provide to us. You may only update this information in conjunction with your coach and nutrition expert, who may require proof of the details that you want to change, and which changes are at the discretion of Best10. Best10 reserves the right to refuse requests to update your details where they will change the Services that have been personalised to you at its discretion.

The Services are only permitted to be used by Clients who are 18 (eighteen) years and older at the time of agreeing to these Terms.

3. Your account and information

To access the Services, you must engage with us through the Website by providing us with certain information about yourself so that the Services are personalised to you. You will be required to create an account on the Website and provide additional personal and related information about yourself. When you create an account, you will sign up for the Services and be sent details to download the web app and log in to your account.

You agree that all information provided to us is your own and is correct, and acknowledge and agree that we may use all that information to provide you with the Services as the Services are personalised to you based on the information that you provide to us. All personal information will be used by us according to our Privacy Policy.

The account that you create on the Website is personal to you, and you will be responsible to keep your account details safe and secure. You may not share your account with anyone else and may not use it for commercial purposes.

4. Subscription and payment

Subscriptions. The Services are available as a 3-, 6- or 12-month “Subscription” package (the “Subscription Term“).

Trial period. We may allow you to try our Services for a 1-week “Trial Period“. You will be required to sign-up for the Services as set out in these Terms, and will be liable for the “Trial Fee” as set out on our Website in respect of the Trial Period. Unless you cancel your subscription to the Services, you will automatically enter into a 3-month Subscription at the end of the Trial Period and you will then be liable for the full Fees for the Subscription Term. If you choose to end your Subscription to the Services after the Trial Period, you will lose access to your account and the Services.

Duration and automatic renewal. Each Subscription package will continue for the Subscription Term, and will automatically renew at the end of the then current Subscription Term for another Subscription Term of the same duration unless you cancel the automatic renewal. A trial subscription will automatically convert into a 3-month Subscription Term unless you cancel the Services (as set out in clause 5).

Fees. When you sign up for the Services, you will be liable for the Fees based on the Subscription Term that you have signed up for (the “Subscription Fees“).

Payment date of Fees.

  • The Subscription Fees are payable in advance, either in a lump sum at the start of the Subscription Term or monthly in advance for the duration of the Subscription Term via a monthly credit card deduction on an agreed monthly date, with the first payment due when signing up and then monthly in advance on the date that your Subscription started.
  • The Trial Fees are payable in advance on signing up for the Trial Period, and the remaining Subscription Fees will be due in full on expiry of the Trial Period or in monthly payments, with the first payment due on the first day of the Subscription Term after the Trial Period.

Failure to make payment. If you fail to make payment for the Services (whether your initial payment or a monthly instalment of the Fees is not successful, or your Fees are not paid when the payment is presented against your card), we will contact you to make payment of the Fees, and if your Fees aren’t paid within 24 hours, your access to the Services may be suspended at our discretion until you make full payment of the Fees. If the Fees are not paid within 24 hours, we will automatically retry the payment against your card until the Services are cancelled. Within the first 24 hours of your payment failing, you may access your account to make a manual payment on the Website. While any Fees remain outstanding, you will not have access to your account or the Services. You remain responsible for any uncollected amounts.

Payment provider. All Fees are paid via credit card through a third party payment gateway, PayGate (Pty) Ltd who are an approved payment gateway. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy. By using PayGate, you agree to their terms of service and any fees that they may charge you. Best10 will not have access to your payment details that you provide to PayGate.

Transaction records. We will provide you records of your transactions with us via email.

VAT. The Fees are inclusive of VAT unless stated otherwise.

Currency. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR), and you will be responsible for any fees incurred if you pay the Fees in another currency.

Additional charges. In addition to the Fees, you will be responsible for any costs associated in using the Services, such as data charges, food bills, gym fees, etc. You will also be responsible for any fees that we incur if you instruct your bank to cancel your payments to us in respect of Fees that you owe.

Changes to Fees. The Fees may change from time to time, as advertised on the Website, but will only apply to Fees that are due for each new Subscription Term. You will not be subject to a price change during your current Subscription Term.

5. Cancellation and suspension

Cancellation of Subscription. You may cancel your Subscription to the Services at any time during the Subscription Term through your account or by contacting us, but you will continue to be billed for the Fees until the end of the current Subscription Term, and your Subscription will then not automatically renew (i.e. you will continue to have access to the Services until the end of your current Subscription Term, and pay the Fees for the entire Subscription Term but your account will automatically close at the end of that Subscription Term). Cancellation requests can be submitted at any time during the Subscription Term but must be submitted at least 7 (seven) days before to the end of the current Subscription Term to avoid the Subscription renewing automatically. Best10 reserves the right to charge you the Fees for the next Subscription Term in the event of you not cancelling the Services timeously.

Cancellation during the Subscription Term. In the event of cancellation, you will retain access to the Subscription Services until the end of the Subscription Term. The cancellation will take effect the day after the last day of the current Subscription Term, and you will no longer be able to access the Services through your account. To access the Services again, you will be required to subscribe again.

Cancellation after Trial Period. If you do not want to automatically enter into a 3-month Subscription after the Trial Period, you may cancel your Subscription to the Services at any time during the Trial Period through your account or by contacting us. Cancellation requests can be submitted at any time during the Trial Period but must be submitted at least 1 (one) day before to the end of the Trial Period to avoid entering into a 3-month Subscription. Best10 reserves the right to charge you the Subscription Fees for a 3-month Subscription in the event of you not cancelling the Services timeously before the Trial Period ends.

No refunds. No Pro-rata refunds will be provided in the event of you cancelling your Subscription to the Services before the end of the Subscription Term as you will retain access to the Services until the end of the applicable Subscription Term.

Termination for breach. If you are in breach of these Terms, we may cancel or suspend your account or access to the Website and Services in our sole discretion, without any liability.

Upon termination of these Terms. All our rights in respect of the confidentiality undertakings and our limitation of liability as set out below will survive the termination of these Terms. We will delete your account and you will no longer be able to access any portion of the Website that requires an account; and we will remove your payment information from our systems but will retain your personal information for a reasonable period in line with our Privacy Policy.

Suspension / pausing your account. The Services are designed and will take place over a consecutive period. You must contact us to request to pause your progress through the Services (including contact with your coach and nutrition expert, and to pause your training and nutrition schedules), but payment of the Fees will not be suspended if you choose to pause your progress. Any decisions to pause your account will be at the sole discretion of Best10.

6. Refunds and cooling-off

Refunds. Due to the nature of the Services that we offer, we do not provide refunds or offer credit on the Fees once you have started or accessed the Services, unless required by consumer protection laws.

Cooling off. The Services are tailored and personalised to you, and therefore the Services will only start with your consent. As a result, you may not cancel your purchase of the Services once you have signed up and paid the Subscription Fees.

Unless required by law, we will not refund any Fees if you have used the Services or if you request a refund after 7 calendar days of making payment of the Fees.

7. Non-circumvention

You may not circumvent these Terms and the Fees by cancelling these Terms and contracting directly with a Best10 coach or nutrition expert.

8. Other websites

We may provide links to third party websites or apps for your convenience, and the inclusion of any links or any advertisement of any third party on our Website does not imply endorsement by us of their websites or apps, their products, business or security practices or any association with its operators. If you access and use any third-party websites, apps, products, services, and/or business, you do that solely at your own risk.

9. Intellectual property and licenses

Unless otherwise stated, Best10 and/or its licensors own the intellectual property rights for all material on the Website and in the Services. All intellectual property rights are reserved for Best10 or its licensors. You may view and/or print pages from the Website for your own personal use subject to restrictions set in these Terms. You agree that you will not acquire any rights of any nature in respect of that intellectual property by using the Website or Services.

You must not:

  • Republish any material from the Website;
  • Sell, rent or sub-license material or your account from the Website;
  • Reproduce, duplicate or copy material from the Website; or
  • Redistribute content from the Website (unless content is specifically made for redistribution).

10. Content Liability

Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website and Services remain available or that the material on the Website is kept up to date.

Best10 will have no responsibility or liability for any content appearing on the Website or in the Services. You agree to indemnify and defend us against all claims arising out of or based upon your use of our Website and Services and use the Website and Services at your own risk.

11. Disclaimer

To the maximum extent permitted by applicable law, Best10 excludes all representations, warranties and conditions relating to our Website and Services and the use of this Website and Services (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our liability for your death or personal injury resulting from Best10’s negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit or exclude any of our or your liabilities that may not be excluded under applicable law.

To the extent that the Website and the information and Services are provided free of charge, we will not be liable for any loss or damage of any nature.

12. Warranties and representations

Subject to applicable laws:

  • we give no guarantee of any kind concerning the content or quality of our Services and the Services are not to be considered as advice of any kind;
  • we do not give any warranty (express or implied) or make any representation that our Website and Services will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose; and
  • we make no representations to you, either express or implied, and we will have no liability or responsibility for the proper performance of the Website and Services and/or the information, images or audio contained on the Website or in the Services.

You warrant to and in favour of us that:

  • you have the legal capacity to agree to and be bound by these Terms; and/or
  • you are 18 (eighteen) years or older;
  • these Terms constitute a contract valid and binding on you and enforceable against you.

Each of the warranties given by you are not limited or restricted by any other warranty or these Terms, that they will remain in force during and after these Terms have been cancelled and are material.

13. Limited liabilities

Best10 will not be liable for any loss arising from your use of the Website or Services, or any reliance on the information presented on the Website or in the Services or provided by Best10 or its employees or coaches.

Best10 will not be liable to you for any loss caused by using our Website or Services or your liability to any third party arising from those subjects. This includes but is not limited to:

  • bodily injuries, damage to property or any other forms of damage and/or loss suffered by you or any third party as a result of your use of the Services;
  • any interruption, malfunction, downtime, off-line situation or other failure of the Website;
  • any inaccuracies on the Website – in such instances we can’t be held liable and can’t be forced to comply with offers that are genuinely (and/or negligently) erroneous;
  • any incomplete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of our Website and services. However, despite this, information that is transmitted over the internet may be susceptible to unlawful access and monitoring; and
  • our limited liability applies to all and any kind of loss which we can possibly contract out of under law, including direct, indirect, consequential, special or other kinds of losses or claims which you may suffer.

If any matter results in a valid claim against Best10, our liability will be limited to the Fees paid by you in respect of the Services supplied under these Terms in the past 3 months.

14. Indemnity

You hereby indemnify and hold us (including our shareholders, directors and employees) harmless against any claim by any person for any costs, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts arising, whether directly or indirectly, from a breach of these Terms by you.

15. Force majeure

Except for the obligation to pay monies due and owing, Best10 will not be liable if we cannot perform due to reasons beyond our control. This includes, for example, lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including telecommunications and internet service providers).

16. General

Suspension of the Website: we may temporarily suspend the Website for any reason, including repairs or upgrades to the Website or other systems. We will take reasonable efforts to notify you of any suspensions in advance.

Entire agreement: these Terms are the whole agreement between us relating to the subject matter of these Terms and they supersede any other discussions, agreements and/or understandings regarding the subject matter of these Terms.

Law and jurisdiction: these Terms and all obligations connected to them or arising from them will be governed and interpreted in terms of the laws of the Republic of South Africa. Each party submits to the jurisdiction of the South African courts.

No waiver: the failure of Best10 to insist on or enforce strict performance by you of any provision of these Terms, or to exercise any right under these Terms, will not be a waiver or relinquishment of our right to enforce any such provision or right in any other instance.

No assignment: you may not cede or transfer rights or delegate your obligations in terms of these Terms without Best10’s permission.

No representation: as allowed in law, Best10 will not be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded in these Terms, whether it induced the contract and/or whether it was negligent or not.

Severability: any provision in these Terms which is or becomes illegal, invalid or unenforceable will be ineffective to the extent of such prohibition or unenforceability and will be deleted from these Terms, without invalidating the remaining provisions of these Terms.

Notices:

  • Best10 selects 101 Bree Street, Cape Town, 8000, Western Cape, South Africa as its physical address and info@best10.app as its email address for the service of all formal notices and legal processes in connection with these Terms, which may be updated from time to time by updating these Terms.
  • You select the email address specified in your account as your address for service of all formal notices and legal processes in connection with these Terms, which may be changed by providing us with 7 days’ notice in writing.
  • Service via email will be accepted in all cases where notice is required unless alternative service is required by law. Service via email is deemed to be received at the time and day of sending.

Responsibility: Best10 takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this Website, customer service and support, dispute resolution and delivery of goods.