Terms and Conditions of use
Welcome to Move To Improve!
These Terms of Use (“Terms”) govern your use of the Move To Improve service (“MTI”) provided by Move To Improve (“MTI”). You automatically agree to these Terms and to our Privacy Policy simply by using MTI.
Move To Improve and their members, officers, directors, trustees, shareholders, employees, independent contractors, instructors/teachers, licensees, licensors, subcontractors, representatives, consultants, advisors, attorneys and agents (current and past), suppliers, distributors, subsidiaries and affiliates, individually and collectively, and any related individuals or entities (collectively, “Move To Improve,” also referred to herein as “MTI,” “we,” “us” and “our”) provides website features and other products and services to you when you: (a) visit www.move2improve.online and other websites or software which currently exist or may exist or be created by us in the future, associated widgets, mobile applications and other distribution platforms operated by Move To Improve (the “Site”); and (b) use Move To Improve products, services or communication tools/services (collectively, “Services”).
Your viewing and use of our Site and Services (“Your Use”) are conditioned on, governed by and subject to these Terms of Use (“Terms”). This Site may not be used in any way that is not expressly permitted by these Terms and our Privacy Policy. You should print a copy of these Terms for future reference. You consent to entering these terms electronically, and to storage of records related to these terms in electronic form.
IF YOU ACCESS THE SITE, YOU ARE AGREEING TO THESE TERMS, OUR PRIVACY POLICY AND/OR ANY OF THEIR PARTS. If you do not agree, please discontinue using our Site immediately. We are more than happy to answer any questions you have about our policies. Please contact us at hi@move2improve.online if you have questions.
You and MTI agree, with limited exceptions noted below, to resolve all disputes between you and us through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND MTI ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
1. Modifications and Termination
We reserve the right to modify MTI at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using MTI at any time, subject to our cancellation policy described below.
2. Your Account
You will be required to create an account, specify a password, and agree to these Terms and our Privacy Policy in order to use the features of MTI. To create an account, you must be at least 18 years old and you must provide truthful and accurate information. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.
You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites or services. You are responsible for any purchases made with your account. If you believe that your account has been compromised at any time, please reset your password in your MTI account.
3. Membership
Monthly Membership If you are a monthly member, you will be billed on a month-to-month basis, renewing automatically unless you cancel your membership, as described below, or we terminate it. If you cancel after any payment, your membership will continue until the end of that month. Annual Membership If you are an annual member, you will be billed once for a 12-month membership, renewing annually unless you cancel your membership, as described below, or we terminate it. If you cancel after your payment, your membership will continue until the end of the 12-month period. Other Membership We may offer other membership plans, such as promotional plans, that differ from the plan set out in these Terms. The materially different terms and details of those plans will be presented to you at the time you sign up for the plan. Details regarding your membership are available on your account page.
4. Payment
Memberships require Internet access and a current, valid, accepted method of payment on file with your MTI account (“Payment Method”) that will be billed automatically each month. Please monitor your Payment Method to ensure that it remains current. If your Payment Method expires, your membership will automatically be cancelled fourteen (14) days after your original payment due date.
Recurring Billing
Your Payment Method will be charged for the membership fee each month or year, depending on your membership, on the same date unless you cancel, or we terminate, your membership prior to the billing date of the next payment period. If you sign up on the last day of the month, you will be charged on the last day of each following month. Your membership fee may include applicable taxes or fees that will be included on your monthly bill.
Price Changes
We reserve the right to change our membership fee at any time. If we do make changes to the fee, we will provide you with notice, via e-mail to the address listed on your account, prior to charging you for the new fee amount.
No Refunds
Payments are non-refundable and there are no refunds or credits for partially-used periods.
5. Cancellation
Cancel (Website):
You can cancel your subscription when logged into your account. 1) Log into your MTI account; 2) Select ‘Subscriptions’ under your name and profile picture; 3) Select ‘Cancel’ next to the subscription you signed up for and confirm the cancellation.
6. Please Obtain Your Physician’s Permission Before Beginning Any Exercise Program.
You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily accept and assume any and all risks, known or unknown, associated with Your Use of the Site and our Services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by us.
7. Content You Post
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on MTI or any MTI social media accounts. You may only post Content if you own all the rights to that Content, or if you have permission from other people who own the rights.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant MTI, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. This license continues even if you stop using MTI. You agree to indemnify MTI against any and all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post.
8. Content Posted by Others
We are not responsible for, and do not endorse, Content posted by any other MTI user on MTI or the MTI social media accounts. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.
9. Your Use of MTI
Please do not use MTI in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with MTI or any features of MTI (including any technological measures we employ to enforce these Terms or provide you with access to MTI or its content). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your account, prohibit you from using MTI, and take appropriate legal actions. You understand that physical exercise can be strenuous and can cause injury. We encourage you to consult with your physician before using MTI. You assume all risks associated with your use of MTI, including, without limitation, the risk of physical or mental injury.
10. MTI Content
MTI and any content available on MTI (“MTI Content”) are for your personal, non-commercial use. During your MTI membership, you have a limited, non-exclusive, non-transferable license to access MTI and MTI Content through MTI. Other than this limited license, you have no right, title, or interest in MTI. You agree not to use MTI or MTI Content for any commercial or public use or to duplicate or otherwise misuse MTI content. You may not use MTI Content unless you obtain our permission, or unless you are otherwise permitted by law.
MTI and MTI Content may be available in different forms in different countries and features may not work with all Internet settings or on all devices. You are responsible for confirming that MTI will work on your device. MTI is not responsible for internet connection/stability that could adversely affect the quality of your MTI experience. Check with your internet provider if you experience any issues.
11. Move To ImproveTrademarks and Copyrights
All trademarks, logos, and service marks displayed on MTI are registered and unregistered trademarks of MTI and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials on MTI are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.
12. Copyright Protection
MTI, pursuant to 17 U.S.C. § 512, the Digital Millennium Copyright Act (the “DMCA”), and Copyright Act 98 of 1978 – CIPC has implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA and CIPC. MTI accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
If you believe any Content on MTI infringes your copyrights, you may request that we remove the Content from MTI (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information: • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work. • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. • Your name, address, telephone number, and e-mail address. • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf. • A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information to us by email.
By email: hi@move2improve.online
Once notification in accordance with the above is received by the Designated Agent, it is MTI policy to: (a) remove or disable access to the Content; (b) notify the provider of the Content or user of MTI that it has removed or disabled access to such Content; and (c) terminate repeat infringers’ access to MTI. If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to MTI Designated Agent within thirty (30) days of the date the Content was removed from MTI. A counter-notification must be a written communication that includes substantially the following: • Identification of the material that has been removed or disabled and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. • Your name, address, telephone number, and e-mail address. • A statement “under penalty of perjury” that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material. • A signature or the electronic equivalent of the person submitting the counter-notification.
Upon receipt of a counter-notification in accordance with the above, MTI shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform MTI that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on MTI. If MTI receives such notification within ten (10) business days, MTI shall not replace the removed Content or cease disabling access to it. If MTI does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on MTI, then MTI shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline. In accordance with the DMCA, CIPC and other applicable law, MTI may, in appropriate circumstances, at MTI’s sole discretion, terminate access to MTI of any user that MTI finds to be a repeat infringer. MTI reserves the right to define the criteria by which MTI will determine that a user is a “repeat infringer.” In the event that “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512 and Copyright Act 98 of 1978 , MTI will adopt that definition as a minimum standard. Without limiting MTI’s right to define “repeat infringer,” as a general rule, MTI will define a “repeat infringer” as any person or entity about whom MTI has received three or more DMCA or CIPC notifications of alleged infringement in accordance with the procedures outlined above. MTI will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a “repeat infringer” is appropriate.
If you believe that a user is a repeat infringer, please follow the instructions above to contact MTI’s Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA or CIPC repeatedly.
13. Social Networks
MTI may include features that operate in conjunction with certain third-party social networking websites that you visit such as Facebook, Pinterest, Instagram, YouTube, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites and the services provided through MTI is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
14. Our Warranties and Disclaimers
We provide MTI using a commercially reasonable level of care, but there are certain things that we cannot guarantee. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, MTI DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT MTI. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ON MTI, THE SPECIFIC FUNCTION OF MTI, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE MTI “AS IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
15. Liability for our Services
EXCEPT WHERE PROHIBITED, MTI SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF MTI OR ANY THIRD PARTY’S USE OF MTI. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF MTI HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
16. Disputes
You agree that any dispute or claim arising out of your use of MTI, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act, federal arbitration law, and International Arbitration Act 2017 apply to this agreement.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) or Court-Annexed Mediation, pursuant to theJAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if you and MTI agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act or The Rules of Voluntary Court-Annexed Mediation (Chapter 2 of the Magistrates’ Courts Rules). To start an arbitration proceeding, you must execute and serve a Demand for Arbitration on MTI by mailing it to insert address pursuant to the Court-Annexed Mediation instructions. MTI will bear the cost of your initial filing fee.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
17. Additional Details
We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to MTI after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to MTI. MTI may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, MTI may contain ads from third-parties. We do not control or endorse any products being advertised. We are not liable for any harm caused by a third-party website or service.
When you use MTI or send communications to us through MTI or via email, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of MTI from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from MTI to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.
We have the right to use any communications you send to us for any purpose, including responses to questionnaires or feedback about MTI. If we use these communications in any way, we are not required to pay you or give you any credit for such use. If you do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we are not giving up any rights that we may have (such as taking action in the future).
These Terms are governed by and construed in accordance with the laws of South Africa, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Cape Town., and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
