Terms and Conditions for use of Metafit System
1. Metafit Training Limited is the owner of the trade mark and trading names “Metafit and Metapwr”. Our name, logo and system you have access to as part of your Subscription shall only be used by you for providing live real-time fitness classes only and cannot be used in connection with any other business or product.
2. The Metafit/ Metapwr music copyright is owned by Metafit Training Limited. By subscribing to our service and payment of our subscription fees, Metafit Training Limited grants you a limited non-exclusive licence to use the music tracks for live, real time fitness classes only and you shall not use, broadcast, copy, perform, sell, share or transfer the music tracks in any form, for any other purpose. The Metafit music tracks are not to be streamed or used online in a virtual class or accessed remotely by users.
3. Any class/ workout using a Metafit (tm) track, must be advertised as such, with our trademarked logo clearly displayed and Metafit Training Limited should be acknowledged as the owner of the copyright in the music tracks. Do not 'Pass off' our system as anything other than Metafit/ Metapwr training.
4.Our workouts are for professional use only, coaches and instructors should be a minimum level 2 qualified in Group fitness, Gym instructor or ETM to take the certification course and deliver any of the Metafit training systems.
5. The Metafit/ Metapwr music is PPL and PRS licence free. Contact us for further information if needed.
6. Each instructor and or workplace should have their own public liability and professional insurance cover.
7. The workout track must only be taught by a current subscribing coaches. Do not lend/ share/ sell or copy tracks to any other person. If you did not pay for a track, you cannot use it in any situation.
8. We expect our workout to be delivered as per the instructor training course, with adequate, functional warm up and the exercises prescribed by Metafit. Music, equipment and exercises must not be altered or changed in any way.
9. Once unsubscribed from the workouts you can re subscribe at any point over the next 12 months, after this a period you will need to contact Metafit training to discuss subscription options.
10. Metafit Training Limited reserves the right to terminate a subscription at any time for breach of any of these terms and conditions and reserves the right to immediately suspend your subscription whilst it investigates an alleged breach.
11. You shall immediately notify Metafit Training Limited in writing giving full particulars if any of the following matters come to your attention:
(a) any actual, suspected or threatened infringement of Metafit’s copyright in the music tracks by any person;
(b) any other form of attack, charge or claim to which the copyright in the music tracks may be subject.
Metafit shall have sole conduct of any proceedings for breach of copyright. The provisions of sections 101 and 101A of the Copyright, Designs and Patents Act 1988 (or equivalent legislation in any jurisdiction) are expressly excluded.
12. Nothing in these terms and conditions shall constitute any representation or warranty by Metafit that use by you of the rights granted under this these terms and conditions will not infringe the rights of any person.
13. You shall indemnify Metafit Training Limited against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Metafit Training Limited arising out of or in connection with:
(a) your use of the rights granted to you under these terms and conditions;
(b) your breach or negligent performance or non-performance of this these terms and conditions and in particular, breach of clauses 1, 2 or 3; or
(c) the enforcement of these terms and conditions by Metafit Training Limited.
14. Please contact Metafit training for any questions regarding terms and conditions of use of workouts.
15.The licence granted under clause 2, shall terminate when your subscription ends or on earlier termination by Metafit Training Limited by written notice.
16. These terms and condition and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
17. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or their subject matter or formation.
Terms specific to Metafit South Africa Course Bookings
1. Detailed description of goods and/or services
Metafit South Africa is a business in the fitness industry that provides coaching and pre-prepared music tracks and workout plans on a subscription basis.
2. Delivery policy
Subject to availability and receipt of payment, requests will be processed within 1 days and delivery confirmed by way of email. No physical goods are sold through the site, all tracks are delivered digitally and course bookings confirmed by email
3. Export restriction
The offering on this website is available to South African clients only.
4. Return and Refunds policy
The provision of goods and services by Metafit South Africa is subject to availability. In cases of unavailability, Metafit South Africa will refund the client in full within 30 days. Cancellation of orders by the client may attract a 10 % administration fee.
Metafit South Africa shall take all reasonable steps to protect the personal information of users. 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). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
6. Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Metafit South Africa bank account, the details of which will be provided on request.
7. Card acquiring and security
Card transactions will be acquired for Metafit South Africa via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO 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.
8. Customer details separate from card details
Customer details will be stored by Metafit South Africa separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
9. Merchant Outlet country and transaction 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).
Metafit South Africa 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.
11. Country of domicile
This website is governed by the laws of South Africa and Metafit South Africa chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: 143 Bobby Jones Street, Prince’s Grant Golf Estate, Stanger, KZN, 4449, South Africa
Metafit South Africa may, in its sole discretion, change this agreement or any part thereof at any time without notice.
13. Company information
This website is run by Kate Couchman, a sole trader based in South Africa trading as Metafit South Africa
14. Metafit South Africa contact details
Company Physical Address: 143 Bobby Jones Street, Prince’s Grant Golf Estate, Stanger, KZN, 4449, South Africa