Please read the terms and conditions carefully.
The YOU – Fight the Flab website (https://fighttheflab.co.za) provides educational information, opinion and guidance on weight loss management and is intended to help users lose weight and maintain a healthy lifestyle. The plans are designed to help users follow the lifestyle and provide a guideline for those voluntarily choosing to follow this lifestyle.
Although our plans have been developed by professionals and are overseen by a dietician, you must not use the content on the YOU – Fight the Flab website or one of our plans as a substitute for medical advice from a healthcare professional. YOU – Fight the Flab is not a medical organisation and cannot give medical advice or make diagnoses. You should always consult a qualified professional before starting any weight loss programme.
If you are on medication or suffer from any chronic condition or other ailment, you must consult a doctor or qualified healthcare professional before purchasing any of the products offered on this website. If you have any medical concerns: including any chronic disease (diabetes, hypertension, elevated cholesterol, renal or liver issues, cancer, gastro-intestinal issues, previous disordered eating, OR are vegetarian or vegan) this plan is not ideally created for you and you should seek the assistance of a qualified health professional.
The information and material on this website are intended as a general guide to assist weight loss and do not take into account individual circumstances. YOU – Fight the Flab will not provide any form of assistance or support on individual cases nor feedback on any information you submit or post to this website save for general commentary and advice, where appropriate. In such event, these terms will apply to such commentary and advice.
You use the YOU – Fight the Flab website and the information contained on it (including the plans) entirely at your own risk and you assume full responsibility and risk of loss resulting from such use. YOU – Fight the Flab, their affiliates, shareholders, office bearers, employees, agents and consultants are not liable for any damages or harm resulting in any way from the content of YOU – Fight the Flab or from your following one of our plans.
We have recommended average or moderate fitness as a “general” starting point in the plan.
We’ve taken all reasonable steps to ensure the correctness of the information provided on the YOU – Fight the Flab website.
When you sign up for the YOU – Fight the Flab plan, you agree to receive newsletters and reminder emails from the programme on an ad hoc basis.
In the event of a dispute, the Consumer Protection Act and the Electronic Communications and Transactions Act both apply.
We may, at our sole discretion, amend these terms, in which case the amended terms will then be binding on you.
If you click on the ‘No’ button, you may not use any of the services available on or through this site. Users agree to Ts&Cs when they click on the “Register” button.
Part A: General Information and Terms
Account means your subscription account for the use of our services;
Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, comments, blogs, forums, chat groups, bulletin boards, ideas, feedback, suggestions and tags contained on this website;
Contributor Guidelines means our guidelines for making content contributions to this website, which is set out in Part F of this document;
User means any user of this website, including any advertiser, subscriber, blogger, member, contributor;
We, us and our means YOU – Fight the Flab and, unless the context indicates otherwise, our owners, subsidiaries, parent, employees, officers, directors, suppliers, internet service providers, agents and affiliates;
- General conditions of use for this website
You must register an account with us to make full use of this website. Your Account will allow you to use the members’ only pages, where you will be able to create a profile, enter competitions and discuss matters of general interest with other members.
You may be required to choose a User name and a password to register an Account. You are responsible for keeping your User name and password secret. You’ll have to enter your Username and password every time you want to use your Account. You indemnify us against any damages suffered because you failed to keep your account details (such as User names, passwords and access codes) secure or let anyone else use your subscription account with us. You accept that you will be liable for all data submitted and transactions concluded on your subscription account.
To create an Account you must be a natural person. You have to be 18 years or older.
The Content on this website does not amount to professional advice of any kind, be it legal, professional, medical, personal or otherwise, and we recommend Users seek their own advice from a suitably qualified professional in their area. If you choose to rely on our Content, you do so entirely at your own risk and you accept that we will have no liability to you in this regard.
We don’t generally monitor, edit, control or filter the Content posted by our Users. Content submitted to this website by other Users does not necessarily represent our views and we neither authorise nor endorse such Content. We also don’t endorse any events, products or services listed by Users on our site. You must make all arrangements regarding such events, products and services directly with the relevant User at your own risk. We accept no liability regarding any event, service or product listed on this site by any third party or any arrangements made in connection with any such events, products or services.
You agree not to use our website for any unlawful purpose. Specifically, you agree not to post or transfer to our website (nor include in any message sent to our website) any material that violates any third party’s rights or is unlawful, obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You indemnify us in respect of any damages incurred as a result of your breach of this obligation.
We have to protect our business and secure our systems. So we may intercept and monitor any communication that you may send to or receive via our website to the maximum extent allowed by law. We may also use, publish and disclose such communications for any lawful purpose. Monitoring may include the filtering of incoming and outgoing electronic data messages to identify, limit or prevent the transmission of unlawful or otherwise undesirable material or Content.
We own any intellectual property rights in the components and features of this site, excluding any data, materials, comments, ideas, feedback or suggestions specifically submitted by Users, which belongs to them. We also own any intellectual property rights in the compilations, collective works and derivative works created by us, which may incorporate the Content of Users. So you may not use, transfer or copy any part of this site (including its source HTML code) other than for the purposes of using this site, meaning that you may only display it on your computer screen and print it for the sole purpose of viewing its Content. You may not frame the Content without our written consent. If you submit any Content to our website, you grant us an irrevocable, perpetual, worldwide and royalty-free licence to use such Content in any manner or form, which licence will continue even after there is no longer a contractual arrangement between us.
You may only use the trademarks featured on our site for the purpose of displaying this site on your computer screen or printing out this site to view it.
We don’t make any warranties or representations, express or implied, about the Content or the services provided on the site or the content of any other website which may be referred to or accessed by hyperlink from this site. We also don’t endorse or approve the content of such third party websites. In particular, we disclaim all warranties implied by law and we do not make any representations as to the accuracy, suitability, non-infringement, availability, timeliness, security, completeness or reliability of the Content and we won’t be bound by the Content, including errors and omissions. We also do not represent that this site is free of viruses or bugs or anything else that may have a harmful effect on any technology, or that the site is compatible with all computer systems and browsers. You download or use any of the Content at your sole discretion and risk and are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
You use our website at your own risk. We exclude to the fullest extent permissible by law any liability that we may incur for any damages arising from an inability to access this site or use a service on this site, or arising from any use of this site or reliance on the data obtained from or transmitted using this website, even if we were negligent or aware of the problem in advance. In no event will we be liable for any loss of profit, goodwill, opportunity, business, anticipated saving and other direct, indirect or consequential loss of any kind in statute, contract, delict (including negligence and gross negligence) or otherwise arising in connection with your use of this site, save where such liability cannot be excluded by applicable law.
Part B: Competition Rules
Unless expressly stated otherwise, these terms will apply to all competitions offered on this website. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail.
All competitions offered on this website are open to residents of South Africa only, unless we expressly state otherwise.
The following people may not enter a competition offered on this website: Anyone working for us, the specified competition partner, any of our affiliated companies, or any of our advertising, media or PR agencies. Any family members or associates of any of the above people.
No cash alternative is available to any prize unless we expressly state otherwise.
The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
Any entrant may be required to submit proof of age. Entrants that are under 18 years of age may be required to provide proof of permission from their parent or legal guardian to participate in competitions.
The judges’ decision will be final. We will not enter into correspondence.
Where entry by SMS is applicable, SMSes are charged at premium rates. Free rates do not apply.
We reserve the right to cancel any competition without notice at any time.
Multiple winners may be subject to tie-break to decide an outright winner.
Any deviation from the rules or attempt to manipulate the outcome of the prize will result in disqualification.
Winners may be required to be photographed for publicity purposes or to participate in a live presentation, radio or television broadcast. We won’t pay any fees in this regard.
Prizes are non-transferable, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated. If you don’t, you will no longer be eligible for the prize and it will be reallocated.
Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
We accept no responsibility for any incorrect or incomplete registration details that you may supply; undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.
We may reallocate prizes if we can’t contact selected winners. Please ensure that you provide the correct contact details.
If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and to modify, supplement or withdraw all or part of this competition without notice. In these cases we won’t refund costs of entry.
In consideration for the prize, the winner’s name and place of origin may be made public by us or any company connected with the promotion.
We own all worldwide rights, including the entire copyright, in all entries, which means that we can, in our sole discretion, do the following with the entries: promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art or other medium. These Exploitation Rights endure for the full term of copyright and other rights in the entries and all extensions and allow us to register any design rights or trademarks. You must do all things necessary, including completing any documentation, necessary to transfer the Exploitation Rights to us when we ask you to do so.
Entrants irrevocably and unconditionally waive all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright law and under any similar law in force from time to time anywhere in the world in respect of all entries.
We won’t be liable in any way whatsoever for any damages or injury suffered as a result of your participation in a competition.
- Personal Information
- Your Consent
- Personal Information Shared
4.1. We will not sell, rent or otherwise disclose your personal information to any third party without your consent or, if you are under 18, the consent of your parents or legal guardians. By using our website or subscribing to any of our services, you provide your express and informed consent for us to disclose your personal information to third parties as follows:
4.1.1. to third party companies employed by us to provide services for us, including for example, website hosting, administration, maintenance and development. These companies require access to your personal information to perform their functions and not for any other purposes;
4.1.2. to transfer our customer database/s, including personal information contained therein, to any third party who acquires all or substantially all of the assets or shares in our company or our website service whether by sale, merger, acquisition or otherwise;
4.1.3. to governmental agencies, exchanges and other regulatory or self-regulatory organisations if we are required to do so by law or if we believe that such action is necessary to
18.104.22.168. comply with the law or with any legal process;
22.214.171.124. protect and defend our rights and property or that of our customers and companies in our group;
126.96.36.199. prevent fraud or abuse, misuse or unauthorised use of our website; and/or
188.8.131.52. protect the personal safety or property of our customers or the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we will disclose such information to the appropriate regulatory bodies and commercial entities); and
4.1.4 if applicable, to personalise your experience on our website, to help you log on in future and to continue to use the website, to reply to queries you might have, to provide you with support and to help us select services or materials for inclusion on our website which may be of interest to you.
4.2. We reserve the right to share non-personal, non-individual information in aggregate form with third parties for business purposes, for example with advertisers on our website or business associates and partners. You will not be identifiable from such data. We are not responsible and cannot be held liable for the privacy practices of such third parties.
- Use of Your Personal Information
5.1. We and our commercial partners may use your personal data for the purposes of executing transactions concluded with you, for billing purposes or in order to serve relevant advertising to you. We may send you information, special offers, notices about upcoming events and advertising by email, through SMS, within our regular newsletters, through once-off promotional offers or by telephone.
5.2. We may also make your personal information available to our affiliates and business partners (who may be located outside South Africa) in order to enable them to offer goods and services that they think will interest you. By using our services and by submitting your personal details, you consent to this transfer.
5.3. We may receive information about you from reliable third parties and add it to our database. When we receive such information, we’ll use it to improve the personalisation of our service.
5.4. If you don’t want to receive the information set out above then please email us at [email protected]
- Feedback and Complaints
- Shopping and Competitions
7.1. If you order anything from us we may need your name, e-mail address, delivery address and payment information (such as credit card details) to process that order. We will also take your telephone number so that we can contact you in the event of any problems with this order and we may give this number to couriers who deliver the order. This information may be used in accordance with clauses 4 and 5 above.
7.2. When you enter a competition or other promotion, we will require your name, telephone number, postal address and email address so that we can notify you and deliver your prize if you have won. We may use this personal data in the same way as explained in clauses 4 and 5 above.
- Information Protection
We may protect personal information by establishing appropriate physical, electronic and managerial procedures to safeguard the personal information we collect from you. This helps prevent unauthorised access, maintains data accuracy and ensures that the personal information is used correctly. In order to carry out these security procedures, we may sometimes ask for proof of identity before we disclose personal information to you.
A cookie is a piece of information that is deposited by our computer server when you visit our website and is stored on your computer’s hard drive by your web browser. On revisiting the website, our computer server will recognise the cookies, giving us information about your last visit. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may not be able to use all the features on this website.
- Data Profiles
10.1 We may also use a personal profile page, which will enable you to update your personal information. This will allow us to maintain accurate and up-to-date personal data. You will have the right to require its correction or removal from our records at any time. If you wish to be deleted from our database entirely, please email us at [email protected] stating just that.
10.2 If you want to update any of your personal information held by us, you can either make certain changes online by amending your account details (if enabled) or you can email the required amendments to [email protected]. If your account details are password protected, you can help to preserve your privacy by never sharing your password with anyone else.
- IP Addresses
Every time you connect to our website, we store web server logs which show your IP address (the unique number which your machine uses when it is connected to the Internet), what you looked at, whether the page request was successful or not and which browser you used to view the pages. The use of this data is strictly for statistical and personalisation purposes. This helps us understand which areas of the site are of particular interest and also which pages are not being requested. It also tells us how many hits and page requests we get.
Part D: Contributor Guidelines
To be a part of our community and engage with other Users, there are two non-negotiable rules we enforce to protect Users and ourselves:
Rule 1: We require and encourage our Users to share their opinions openly but with due consideration for others. In other words, we want Users to express their opinions freely but without being abusive. While we appreciate constructive criticism, we expect all Users to treat others with respect. Users must also be 18 years and older to post comments, chat or blog on this site.
Rule 2: We will refuse to publish or remove any content we think is unacceptable. We call everything that is published on our website content, including your blogs, comments and responses, as well as your personal and business profile information, messages, poll responses, video, text and images. If it is available on our site, it is considered content. And while we encourage you to share your views, expand your network and make the connections that count, we must insist that your content not include or be linked to any of the following, which we will probably consider to be unacceptable:
Hate speech, racism, discrimination, or content that is defamatory, false, demeaning or misleading or misrepresents another person – particularly if obvious or deliberate.
Any writings that include swear words or obscene or inappropriate language.
Activities that constitute stalking, harassment or abuse, or are considered threatening towards a person or other people.
Anything that infringes someone else’s intellectual property rights (including copyright, trademark, trade secret or patent) or amounts to an unauthorised disclosure of confidential information or trade secrets.
If you quote someone in the content you provide, it’s up to you to credit the original author and publication.
Anything that contains unsolicited advertising or marketing links or material – particularly if such links or material are unrelated to the particular discussion.
Anything else, the publication of which could cause emotional, moral, physical or mental harm to you or other Users, including sensitive personal information about you or other Users, such as medical conditions, criminal records, participation in court processes, employment related information, information relating to sexual activities or preferences, religious beliefs, political opinions, race and ethnic origin.
We generally decide what’s acceptable or not on an item-by-item basis, but we in no way limit ourselves to only evaluating the things mentioned above. We reserve the right to edit or remove content and alter the unacceptable list as and when required without notifying Users. To a large degree, we rely on you to help us evaluate the content on the site. If you become aware of something that you feel is in breach of any or all of the above, please contact us directly at [email protected]
Part E: Complaints And General
- General information about us
We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the email address given in section 1 of Part A above. We will do our best to resolve any problems that arise. Please provide us with the following as part of your complaint:Your full names, physical address, telephone number and email addressThe location and description of the feature or component of our website which is the cause of your complaint
The reason for your complaint, including any rights that you allege are infringed by such feature or component
The actions you would like us to take to remedy the problem
A statement confirming that you are making the complaint in good faith
A statement confirming that the information you are providing to us is, to the best of your knowledge, true and correct
Our failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. If a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, failing which it will be severed from the remainder of the provisions which will remain of full force and effect to the maximum extent permitted by law.
We will be excused any failure to perform or delay in performance of any of our obligations as a result of an event of force majeure, which includes acts of God (including flood, fire, earthquake or other similar events), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the world wide web, any outages of the internet or connection or communications thereto, governmental restraints and act(s) of legislature or any other cause outside our reasonable control.