APPLICATION AND BINDING EFFECT OF THE TERMS
You agree that these terms and conditions ("terms") will apply if you access or use the VitalMe mobile application at VitalMe.co.za ("the App"), a product of Vital Health Foods Pty (Ltd) ("Vital"), as purchased on the Apple App Store or Google Play Store.
Unless notice is required in terms of the law, we may change the terms without prior notice. The current version of the terms that apply at the time you visit or use the App will regulate our relationship. It is your responsibility to consider the terms each time you use the App. If you do not agree with any terms, you must stop using the App.
USING YOUR PERSONAL INFORMATION
"Personal information" means personal information as defined in the Protection of Personal Information Act 4 of 2013.
REGISTRATION AND LOGIN DETAILS
If we use a login functionality which requires you to create a username and password, or if we use social media integration for login purposes, you accept complete responsibility to keep your details, username and password safe.
When you enter your username and password, we will assume that the person using the App is you.
We may ask you to submit your name, surname, email address, contact details and other relevant details when you register through the App in order to use the services.
You are responsible to keep all of your personal information, usernames and passwords uptodate, secure and confidential and must inform us immediately if there has been, or if you suspect, any breach of security or confidentiality. We may ask you to provide us with proof of your identity or other information in a form that we regard acceptable.
If you are a business, you must ensure that only authorised employees have access to and are allowed to use the login details. Your business remains responsible for any action using the login details of the business – whether the user was authorised or not. You must change your details when authorised employees leave your service or are no longer authorised to use the login details.
You must act in accordance with any security procedures that we communicate from time to time. You agree and accept that if you do not follow the recommended security procedures, your personal information may be compromised or someone without authority may use your login details.
THIRD PARTY APPS OR WEBSITES
We may provide hyperlinks to other (third party) apps or websites only as a convenience, and if we provide any hyperlinks or advertisements of any third party on our App it does not mean that we endorse their apps, websites, products, services, business, and/or any association with its operators.
If you access and use any third party apps, websites, products, services, and/or business, you do that solely at your own risk.
You may only use the App for your own personal use.
We give you a limited, revocable licence to use the App subject to the terms only.
Your licence does not extend to the App's sourcecodeor to the source code of any software or computer program that forms part of the App.
You may only use the App if, in terms of South African law, you have the legal capacity to enter into an agreement.
You may only link to the App by linking to the home page of the App.
You may not:
- provide any untrue or incorrect information to the App;
- change, modify, copy, decompile, circumvent, disable, tamper with or any part of the App, including its security features or reverse engineer the App;
- copy the App;
- lease, sell, assign or in any other way distribute the App without our prior written consent;
- use malicious search technology, including, but not limited to, spiders and crawlers;
- frame any pages of the App;
- deep link to any pages of the App in a way to suggest that you are the owner or licensee of any intellectual property in the App;
- use the interactive sections of the App or linked apps or websites, to post any material which, in our discretion, is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any laws;
- use the App for commercial purposes, unless in terms of an agreement with us;
- infect the App with any software, malware or code that may damage, delay or impede the operation of the services or which may intercept, alter or interfere with any data generated by or received through the App; or
- allow any third party to use your username and password, where applicable, in any manner other than as permitted by the terms.
LIMITATION OF LIABILITY
You agree that, unless the law provides otherwise,
We (including our directors or employees) will not be liable for:
any incorrect information or images provided on the App which you relied upon;
any internet data usage charges that you incur while using the App;
any interruption, malfunction, downtime, offline situation or other failure of the App or services, our systems, databases or any of its components;
any loss directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems or programming defects; or
any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities, or any other event over which we have no direct control.
You indemnify and hold us harmless against any loss, liability, actions, suites, proceedings, costs, demands and damages of any kind (including direct, indirect, special or consequential damages).
DEEMED RULES FOR SENDING AND RECEIVING ELECTRONIC MESSAGES
We will primarily use email, sms and electronic notices as our main communication tool.
Where you make any offer to us, like an offer to subscribe to use the services or to pay for use of our services through the App, we enter into an agreement when we send you our written acceptance of your offer, or when we notify you of the acceptance via the App.
All electronic messages will be deemed sent from, and received at, your specified email address or mobile phone or address that you specified.
INTELLECTUAL PROPERTY RIGHTS
Vital grants you a limited, nonexclusive, and nontransferable license to download, view, copy and display the App on your chosen device that you own and control subject to your permitted use of the services and solely for your personal and noncommercial purposes.
You acknowledge and agree that all rights, title and interest in any intellectual property (including, but not limited, to any copyright, trademark, design, logo, process, practice, methodologywhichformspartof, or is displayedor usedby us ontheApp, including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is our property or therespective owner(s)' property andwill remainour or theowner's property at all times.Youwill not obtain any intellectual property rights through using the App or services.
WARRANTIES AND REPRESENTATIONS
Unless the law requiresotherwise, wedonot warrant that our Appor services offeredonour App will operate error free or without interruption or downtime or that any errors will be corrected or that the content is complete, accurate, uptodate, or fit for aparticular purpose. You use the App at your own risk.
We implement reasonable security measures to ensure the safety and integrity of the App. However, despite this, information that is transmitted over the internet may be accessed or monitored in an unlawful manner. We will take reasonable steps to prevent viruses fromthe App, but cannot guarantee or warrant that any information that is available to download will be free from infection, viruses or other codethat has contaminatingor destructiveproperties and we exclude our liability in this regard. You are responsible for, andwerecommendthat you take your own precautions and implement sufficient procedures to satisfy your particular security requirements.
You warrant that you are 18yearsor older andthat youmay legally enter intoanagreement with us based on these terms.
No Professional Services or Advice; No DoctorPatient Relationship VitalME provides the Services for informational purposes only. We provide a platform so that a Coach may provide you with nutritional information relating to your fitness, weight lossand/or nutritional goals; however, you acknowledge that VitalME is not a fitness, weight loss, registered dietitian or certified nutritionist, medical professional or certified personal trainer. THE SERVICES DO NOT CONTAIN OR CONSTITUTE,AND SHOULD NOT BE INTERPRETED AS, PROFESSIONAL OR MEDICAL ADVICE OR OPINION OF ANY KIND AND THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL OR MEDICAL ADVICE OR OPINION OF ANY KIND. THE INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICES SHOULD NOT BE RELIED UP ON WHEN MAKING MEDICAL DECISIONS, OR
TO DIAGNOSE OR TREAT A MEDICAL OR HEALTH CONDITION. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTORPATIENT RELATIONSHIP BETWEEN YOU AND VitalME. YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU WILL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM CHANGES IN YOUR DIET OR LIFESTYLE. In becoming a user of the Services, you affirm that aphysicianhas specifically approvedyour useof theServices.The Services are intended for use only by individuals healthy enough to make changes to their diets and lifestyles, and are not intended for use by minors or individuals with any type of health condition thatmakes thekindof changes todiet or lifestyle suggested by the Services unsafe or inappropriate. You should discontinue diet or other lifestyle changes in cases where such changes cause pain or severe discomfort, and should consult a medical expert prior to returning to diet or other lifestyle changes in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
If a provision of the terms becomes illegal, invalid or unenforceable it will be severed from the rest of the terms which terms will remain valid and enforceable.
The agreement will be governed by and interpreted in terms of South African laws. You consent that the Magistrates' Court will have jurisdiction even if the proceedings are otherwise beyond its jurisdiction.
If we do not enforce any of the terms, it will not mean that we waive any of our rights andit will not affect the validity of the terms or prejudice our rights to take subsequent action.
A waiver will only be valid if we put it in writing and sign it.
The terms, together with any additional or specific terms, form the whole agreement between us relating to your use of the App.
NO THIRD PARTY STIPULATION
The terms create a legally binding agreement between yourself and us only. and do not create rights in favour of any third party.
No party will be liable if it cannot perform in terms of the agreement duetoreasonsbeyond its control. This includes 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).
Please email us at email@example.com for any enquiries about our App.