If you visit or use the Sites you accept these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT VISIT OR USE THE SITES. This website is owned by The Little Gym South Africa (“TLGSA” or “we”, “our” or “us”). Franchisees are independently owned and operated and maintain their websites under license from us. The Sites are offered and available to users who are 18 years of age or older. By visiting and using the Sites, you represent and warrant that you meet this eligibility requirement. IF YOU DO NOT MEET THIS REQUIREMENT, YOU MUST NOT VISIT OR USE THE SITES.
While we attempt to make the Sites accurate, we do not guarantee, verify, warrant, or endorse the accuracy or reliability of any of the information or content contained on, distributed through, or accessed from the Sites. Use of the Sites, and any reliance upon any content on the Sites, is at your sole risk AND TLGSA SHALL IN NO WAY BE HELD LIABLE FOR ANY DAMAGE CAUSED BY ANY SUCH RELIANCE OR USE OF THE SITES. We may change or update the Sites at any time. You agree to use the Sites and related content in compliance with any applicable laws and in a manner that does not (in our sole and unfettered judgment) reflect negatively on us, or could, in any manner, disable, overburden, or impair the proper working or appearance of the Sites, including but not limited to a denial of service attack.
Even though portions of our Sites may allow posting of content or registration as a user, you are prohibited from posting or transmitting any:
all of which constitutes “Prohibited Content”.
We may disclose the identity of anyone posting or transmitting any Prohibited Content, and we may disclose the identity of other third party posters if required by law, and you expressly acknowledge and accept this. User comments, content, materials or communications related to the Sites in any manner, including any social media or comments section accessible from the Sites or relating to the Sites (“User Content”) may not contain Prohibited Content. YOU HEREBY GRANT US A PERPETUAL, PAID-UP, ROYALTY-FREE LICENSE TO USE, COPY, EXPLOIT, SUBLICENSE, ADAPT, PERFORM, AND MODIFY ALL SUCH USER CONTENT ONCE POSTED OR TRANSMITTED. We have the sole and unfettered right to monitor, disclose, transfer, edit or delete any User Content at any time (whether or not it contains Prohibited Content), and may terminate your access to the Sites. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NO EXPECTATION OF PRIVACY OR EXCLUSIVE OWNERSHIP OF USER CONTENT. We may use User Content and ideas suggested by users for any purpose, including reproduction, disclosure, transmission, publication, broadcast and in developing products and services. If you want to report any violations of these Terms, please email us. You acknowledge and agree that you shall remain solely liable for any and all content that you post AND YOU HEREBY INDEMNIFY US AGAINST ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOU USER CONTENT. We assume no responsibility or liability arising from the posting of User Content or Prohibited Content on the Sites. We are not responsible for any content from third parties and do not endorse it or warrant its accuracy. We reserve the right to monitor third party posts.
We do not warrant that the Sites will be uninterrupted, safe, secure, or error-free. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR DAMAGES OR INJURIES OF ANY KIND, INCLUDING ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OR INJURIES, AND INCLUDING THOSE RELATED TO ERRORS, OMISSIONS, INFRINGING MATERIAL, TYPOGRAPHICAL ERRORS, DELAYS IN TRANSMISSION, MISTAKES, INTERRUPTIONS, DELETION OF FILES, AND DELAYS IN OPERATION; YOUR RELIANCE ON OR USE OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH THE SITES; OR ANY FAILURE OF PERFORMANCE CAUSED BY OR ARISING OUT OF USE OF OR ACCESS TO (OR INABILITY TO USE OR ACCESS) ANY CONTENT OR INFORMATION CONTAINED IN THE SITES, THE CONTENT OF ANY WEBSITES LINKED TO THE SITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES; EVEN IF WE ARE NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The above limitation of liability may not apply to you where applicable law does not allow for such limitations. In such cases our liability will be limited to the fullest extent permitted by applicable law.
WE DO NOT WARRANT THAT THE SITES, OR RELATED SOFTWARE, DATA, EMAILS, PRODUCTS OR SERVICES ARE FREE FROM DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS. You are solely responsible to restrict access to your computer and to your email address, password and any other personal information you use relating to the Sites. You also are solely responsible for any activity that occurs using your personal information. You hereby agree to take reasonable steps to protect your computer systems and data from viruses, hackers, identity thieves, and other problems.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATE COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, INDEPENDENT FRANCHISEES, INDEPENDENT VENDORS, CONTENT AND SERVICE PROVIDERS, HARMLESS FROM ANY AND ALL LOSSES, LIABILITIES, CLAIMS, EXPENSES, ATTORNEYS’ FEES AND DAMAGE AWARDS, THAT ARISE FROM OR RELATE TO:
AND YOU WAIVE ALL CLAIMS AND DEFENSES RELATED TO THE FOREGOING.
The Sites and its entire contents, features, and functionality, including all content, images, photos, video and audio, text, designs, data compilations, organization, selection, and arrangement, and software within or related to the Sites, are our property. You are permitted to use the Sites solely for your personal, non-commercial use, which permission may be revoked at any time in our sole and unfettered discretion.
The Sites are protected by copyright and may not be distributed, modified, reproduced or used, in whole or in part, without our prior written consent. You may not copy, download, or upload any portion of the Sites except for:
The Sites are intended solely for the personal information of the user. You may not re-sell our products and services. You may not use the Sites or related materials for commercial use. You may not send unsolicited communications either:
The Sites may provide certain social media features that enable you to:
Subject to the foregoing paragraph, you may not utilize framing to enclose any of our trademarks or designs. You may not use any metatags or any other “hidden text" utilizing our trademarks. You may not use any deep-links, page scrape, robots, or other automated method to access, copy, or distribute any part of the Sites. You may not send unsolicited email to us, our franchisees, or others identified by or through our website. You may not use information on our Sites to contact or solicit us or our franchisees (except as may be permitted on the Sites for non-commercial purposes), or our customers or their children.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease and agree to cease any unauthorised framing or linking immediately upon written demand. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole and unfettered discretion.
THE LITTLE GYM, THE LITTLE GYM & DESIGN, THE LITTLE GYM SERIOUS FUN, WONDERKIDS CLUB, THREE-DIMENSIONAL LEARNING, other logos, page headers, icons, domain names, service names, and trade dress are common law trademarks, registered trademarks or trade dress of TLGSA (collectively “Marks”). Our Marks may not be used by you in connection with any product or service that is not TLGSA’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages us. All other trademarks not owned by TLGSA that appear on this site are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by TLGSA.
We respect the rights of copyright holders and will delete and may terminate user privileges of users who infringe those rights. If you believe that the copyright in your work has been infringed, please provide TLGSA with the following information:
The Sites may contain links to or information produced by third parties, including information obtained from or produced by industry or market analysts. The accuracy and completeness of the information is not guaranteed. Further, no estimates or forecasts by third parties have been independently verified by TLGSA, and we do not make any representations regarding this information.
Each TLGSA franchised gym is independently owned and operated by a franchisee. As such, each TLGSA has adopted its own policies, including those related to customer refunds and privacy policies. Please contact the individual franchise owner for more information. As stated above, franchisee websites are also subject to these Terms.
OUR PRODUCTS AND SERVICES ARE NOT WARRANTED, OTHERWISE THAN IN ACCORDANCE WITH THE TERMS OF A WRITTEN AGREEMENT BETWEEN TLGSA AND THE CLIENT.
THE MATERIALS, SERVICES, AND INFORMATION IN THE SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We may modify or discontinue all or part of the Sites at any time. We may block or limit your access to these Sites for any reason, including if:
We may demand that any dispute be determined by written notice given to you in accordance with the Expedited Rules of the Arbitration Foundation of Southern Africa (“AFSA”), which shall not limit our right to obtain interim relief from a competent court. You hereby consent to the arbitration being dealt with on an urgent basis in terms of the Rules of AFSA, should we demand it. The arbitration shall be held in terms of the Arbitration Act, No. 42 of 1965.
The arbitrator shall be a practising advocate of the Cape Bar of at least ten years’ standing, appointed by agreement between the parties to the dispute, and failing agreement within 14 days, by AFSA at the request of either party to the dispute. The decision of the arbitrator shall be final and binding on the Parties to the dispute and may be made an order of the court, and you consent to the jurisdiction of the High Court of South Africa for this purpose.
These Terms were last updated on 7th on August 2018
If you have questions or comments about these Terms, please contact us at using the information on our Contact Us page.