Your Membership Application Form and these Terms and Conditions (“Terms”) form the “Contract” between you and us (Stærk Movement (Pty) Ltd.).
An activation / joining fee may be payable when you enter into this Contract (see Application Form). The activation fee / joining fee is non-refundable except where you have exercised your right to cancel the Contract during the cooling-off period under paragraph 4. If your membership is cancelled for any reason by you or us and you subsequently wish to re-join, then you may have to pay the applicable activation / joining fee again.
Your membership will start on the Commencement Date as set out in your Membership Application Form, provided that:
You can write and tell us that you want to cancel your membership within 5 business days of signing this Contract, excluding the day of signature. Provided your cancellation letter is received by us within the 5 day cooling-off period, we will refund all payments made by you.
Your membership will automatically continue on a month-to-month basis until such time as you give us 20 business days’ written notice to cancel your membership.
We may cancel or suspend your Contract at our absolute discretion by writing to you at the email address we have on record if:
Children under the age of 13 years (primary school) must access and exit our facilities with their Parent/Legal Guardian and always be supervised by such Parent/Legal Guardian. Membership fees for children will depend on the age bracket they fall under.
Our Privacy Policy (which is incorporated by reference into the Contract and can be found on our website) explains the way in which we collect, use and store your personal information. We will use your mobile number and/or email address to send a confirmation of your membership and to keep you up to date with news, offers and promotions. You hereby consent to us using your personal information for the purposes of this Contract. You can opt out of these communications at any time by updating your preferences with us. Sometimes we take photos or film videos for other promotional purposes. If you’re exercising during this time and your image is captured, you hereby consent to us using it in our branding and marketing material.
Fees as indicated on your Application Form shall be billed monthly in advance and shall be paid by you by the 7th calendar day of every month. Penalties for late payment may be charged.
Bundled or private classes bought in advance expire three months after the date of invoice.
Your membership is personal to you and may not be traded or transferred to another person as this may constitute fraud and will be dealt with accordingly.
If your bank details and/or contact details change, please update your information.
If you fail to pay your monthly membership fees on the due date, then you will become liable for a cancellation fee, if applicable, and all costs in connection with the collection of the arrears including legal costs.
We reserve the right, from time to time, to temporarily or permanently close our facility, or temporarily or permanently stop providing certain facilities, or adjust the operating hours of our facility.
If one or more of these Terms are found to be unenforceable, such Term shall be deemed to be severable from the remainder of this Contract and the Contract shall in all other respects remain in full force and effect.
To the fullest extent permitted by law, we may transfer and/or delegate to any third party our rights and/or obligations under this Contract without your consent or notification and you will continue as a member.
This Contract contains all the terms and conditions of our agreement and no representation, addition, variation or cancellation of this Contract shall be of any force and effect unless it is in writing and signed by you and us.
You agree that we may validly serve any notice(s) at the contact details that we have on record for you. Please check with us to confirm that we have received correspondence addressed to us, as we can only action and be bound by notices that we actually receive.
You acknowledge and agree that this Contract was properly and fully completed before you signed it and you confirm that the information contained in it is true and correct and that you fully understand it.
You consent to the non-exclusive jurisdiction of South African courts.
The laws of South Africa apply to this Contract.
This Privacy Policy explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”). We respect your privacy and will take reasonable measures to protect it.
We may automatically collect your personal information, or you may provide it to us, which may include but is not limited to -
contact details, such as your name and surname, email address, postal and/or physical address, phone number and social media handle;
your gender, race or age;
your identification and/or passport number;
your country of birth;
your date of birth;
your profile information, such as job title, educational and professional background and qualifications, and photograph;
comments, feedback and other information you provide to us, including search query data and questions or information you send to us;
interests and communication preferences, including preferred language.
We may also automatically collect information about how you and your device interact with us, which may include but is not limited to -
computer, device and connection information such as IP address, browser type and version, operating system and other software installed on your device, mobile platform and unique device identifier and other technical identifiers, error reports and performance data;
usage data, such as the features you used, the settings you selected, your URL, click stream data, including date and time stamp and referring and exit pages, search terms you used, and pages you visited or searched for; and/or
for location, the region, city or town where your device is located in order to provide you with more relevant content for where you are located.
Should your personal information change, please inform us and provide us with updates as soon as reasonably possible to enable us to update your details. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
We collect the above data through our servers and the use of “cookies” on our website. They enable us to improve your future visits to our website and provide you with a more user-friendly experience. You can control cookies through your browser’s settings however if you block certain cookies you may not be able to register, login or access certain parts of our website.
We may use your personal information for the following purposes:
Before or at the time of collecting your personal information, we will identify the purpose(s) for which the personal information is being collected.
We will only collect your personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Special Personal Information is information relating to your religious or philosophical beliefs, your race or ethnic origin, your trade union membership, your political persuasion, your health or sex life, your biometric information, or your criminal behaviour.
We shall not process any of the aforementioned Special Personal Information without your consent, or where this is necessary for the establishment, exercise or defence of a right or an obligation in law.
Having regard to the nature of our work, it is unlikely that we will ever have to process Special Personal Information, but should it be necessary the guidance of the Information Officer, or their deputy/delegate, must be sought.
We will only process the personal information of a child if we have the consent of the child’s parent or legal guardian.
We will not disclose your personal information except as provided in this Privacy Policy.
Your personal information will not be disclosed to any person without your voluntary and informed consent but always subject to the following: Disclosure of any information provided or submitted by you will only be allowed to be made where:
such information is in the public domain; or
we are obliged in terms of any law, order of court, legal process or other lawful reason to disclose such information.
We will disclose your personal information to any third party only for the purposes as set out below:
to our employees and/or third party service providers who assist us to interact with you via our website, email or any other method, who need to know your personal information in order to assist us to communicate with you properly and enhance the product and/or services offered by us;
to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or to investigate violations of our terms and conditions.
We will take all reasonable measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access and to provide you with access to your personal information to view and/or update personal details.
We will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information. We will provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request. Upon your written request we will promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
We acknowledge that we are bound by applicable law to keep personal information confidential and to protect such information, and we are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
We will only retain your personal information as long as necessary for the fulfilment of those purposes as have been identified by us. Accordingly, we will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so or you consent to us retaining such information for a longer period.
You have the right to request a copy of the personal information we hold about you. To do this, simply contact us by sending an email to gym@staerkmovement.com and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information.
Please note that any such access request may be subject to a payment of a legally allowable fee.
You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.
We may transfer your personal information outside South Africa to a foreign country if necessary.
We may occasionally make changes to this Privacy Policy. When we make material changes to this Privacy Policy, we will provide you with a prominent notice on our website or send you an email. We may notify you in advance.
You may access and/or correct any of your personal information that we hold by sending an email to gym@staerkmovement.com.
If you have any questions, comments, complaints or requests regarding this Privacy Policy or our processing of your information; wish to withdraw consent; exercise preferences, please contact us via gym@staerkmovement.com