Terms and Conditions

Who we are

BattleFit RSA Calisthenics

BattleFit; K2018389351

1.1 Incorporation
(1) The Company is incorporated as a private company, as defined in the Companies Act, 2008
(2) The Company is incorporated in accordance with, and governed by –
(a) the provisions of the Companies Act, 2008 without any limitations, extension, variation or substitution; and
(b) the provisions of this Memorandum of Incorporation.

1.2 Powers of the Company
(1) The Company is not subject to any provision contemplated in section 15 (2) (b) or (c).
(2) The purposes and powers of the Company are not subject to any restriction, limitation or qualification, as
contemplated in section 19 (1) (b) (ii).

1.4 Optional provisions of Companies Act, 2008 do not apply
(1) The Company does not elect, in terms of section 34 (2), to comply voluntarily with the provisions of Chapter 3 of
the Companies Act, 2008.
(2) The Company does not elect, in terms of section 118 (1) (c) (ii), to submit voluntarily to the provisions of Parts B
and C of Chapter 5 of the Companies Act, 2008, and to the Takeover Regulations provided for in that Act.

Interpretation

2.1. The provisions of this Agreement shall not be construed or interpreted in a manner which
would be to the disadvantage of any Party to this agreement based on the party having drafted
or deemed to have drafted such provision. Rules of interpretation which allow for any such
interpretation or variation thereof shall not apply to this agreement, and as such all parties to
this agreement accept this provision and waive any rights associated with it.
2.2. Terms other than those defined within this Agreement will be given their plain English
meaning, and those terms, acronyms, and phrases known in the information and
communications technology industry shall be interpreted in accordance with their generally
accepted meanings.
2.3. If any conflict exists between the provisions of this Agreement and any Annexures attached
hereto, the provisions of the Annexures contained herein shall prevail.
2.4. Any reference in this Agreement to legislation or subordinate legislation is to such legislation or
subordinate legislation at the date of signature hereof and as amended and/or re-enacted from
time to time.
2.5. Any reference to gender contained herein shall be considered to include all genders in
neutrality. Reference to person/persons shall be considered to include both natural and juristic
persons.

DEFINITIONS

Unless the context indicates otherwise, the words and expressions set out below shall bear the
following meanings and cognate expressions shall bear corresponding meanings:
3.1. “Affiliate” means a separately owned company that is in affiliation with BattleFit
3.2. “Claim” or “Claims” shall mean any and all foreseeable or unforeseeable, alleged or actual
actions, causes of action (whether in relation to the law of property, both physical and
intellectual, agreement or strict liability, and whether in law, equity, statutory or otherwise),
claims, demands, lawsuits, legal proceedings, administrative or other proceedings or litigation;

3.3. “Confidential Information” includes (i) any trade secrets of either Party; (ii) any of the following
information of either Party: Information in respect of know-how, processes, systems, business
methods, marketing methods, methods of operating, promotional plans, financial models, long
term plans, information of a strategic nature and any other similar information; (iii) details of all
internal control systems of either Party; (iv) details of the financial structure and operating
results of either Party; (v) the contractual and financial arrangements between or among either
Party and third parties with whom either Party has business arrangements of whatever nature;
(vi) all ‘Personal Information’ and/or ‘Records’ (both terms having the meaning ascribed in
Chapter 1 of POPI) in the possession of or controlled by a Party; and (vii) all other information
of either Party which is not generally known and which, if known, would be advantageous to a
competitor of either Party or disadvantageous to either Party, in each case (a) whether oral or
recorded in writing or in any other form; (b) whether formally designated as confidential or not;
and (c) howsoever known, communicated or retained, but does not include information which
(i) is lawfully in the public domain at the time of disclosure; (ii) subsequently and lawfully
becomes part of the public domain by publication or otherwise; (iii) subsequently becomes
available to a Party from a source other than the other Party, which source is lawfully entitled
without any restriction on disclosure to disclose such confidential information; or (iv) is
disclosed pursuant to a requirement or request by operation of Law, regulation or court order.
3.4. “Content” shall mean all information, content and images, including but not limited to, product
information, (i) provided or made available by the Seller or its affiliates to BattleFit or its Affiliates
or Service Providers for use in connection with the BattleFit Ecommerce system and (ii) otherwise
made available by the Seller or its affiliates to customers on the BattleFit Site.
3.5. “Customer” means a Consumer purchasing products through the BattleFit Site or in liaise with a BattleFit representative.
2.6. “Effective Date” means the date of electronic acceptance of this Agreement by the Customer through online purchase or payment through Card machine or cash payment.
3.7. “Intellectual Property Right” means any patent, copyright, trademark, service mark, trade dress
(including any proprietary “look and feel”), trade name, logo, moral right, trade secret and any
other intellectual property right arising under any Law and all ancillary and related rights,
including all rights of registration and renewal and causes of action for violation,
misappropriation or infringement of any of the foregoing.
3.8. “Law” shall mean any law, ordinance, rule, regulation, order, license, permit, judgment,
decision or other requirement, now or hereafter in effect, of any governmental authority of
competent jurisdiction, including without limitation the Consumer Protection Act 68 of 2008, the
Protection of Personal Information Act and relevant South African National Regulatory of
Compulsory Specifications requirements.
3.9. “Losses” shall mean any and all damages (including, without limitation, direct, consequential,
economic, exemplary, future, incidental, indirect, noneconomic, past, special and punitive),
sanctions, settlement payments, disbursements, judgments, liability, losses (including lost
income or profit), costs or expenses of any nature whatsoever, whether accrued, absolute,
contingent or otherwise, including, without limitation, attorneys’ fees and costs (whether or not
suit is brought).

3.10. BattleFit Calisthenics Equipment and any sub-version of this title means BattleFit (Pty) Ltd t/a BattleFit Calisthenics Equipment, registration number K2018389351, a
private company duly registered in accordance with the Laws of South Africa, and shall include
its Affiliates.
3.11. “Shipping” means any consignment (initial shipping leg or return) where a
waybill is generated in the final section of the order process (initial shipping leg only) with an approved BattleFit courier affiliate.
3.11.2. The Customer has agreed
to have the consignment fulfilled by BattleFit’s approved courier partners.
3.12. “BattleFit’s Returns and Refunds Policy” means BattleFit’s then current returns and refunds policy which sets out
BattleFit’s standard customer satisfaction and returns policy which is available on the BattleFit Site,
and as may be updated and amended from time to time at the sole discretion of BattleFit.
3.13. “BattleFit Site” means www.battlefitequip.co.za and applicable applications where BattleFit and other affiliates products are made available for sale.
3.14. “BattleFit Ecommerce” means the BattleFit website’s ecommerce program.
3.15. “BattleFit’s Privacy Policy” means the policy that governs Seller’s use of Customer
information obtained in connection with Ecommerce sales, and as may be published on
the BattleFit Site from time to time.
3.16. “On-Time Shipping Standard” means the time specified for each order to be processed and
delivered as detailed in here.
3.17. “Orders” means orders placed by a customer through the BattleFit Site or through a representative of BattleFit for the purchase of
products.
3.18. “Party” means, individually, BattleFit or an affiliate as the context requires and, together as
Parties.
3.19. “Payment Card” shall mean a debit, credit type card or a multi-partner rewards program used
for financial transactions.
3.20. “Payment Card Data” means any information located on a Payment Card, such as, but not
limited to, debit or credit card number, expiration date, pin number, cardholder name,
cardholder address or data associated with multi-partner reward programs.
3.21. “PII” means any information that can be used to identify an individual and/or information that
constitutes personal identifiable information.
3.22. “Products” means the products that are up for purchase on the BattleFit Site, through an affiliate or through a BattleFit representative, and approved
by BattleFit, and as reflected on the Site or email correspondence.
3.23. “Product Information” means the product information that BattleFit retains.
2.24. “Product Commission” means the commission that BattleFit will retain from each sale of an affiliate’s products made through the BattleFit Site.

3.25. “Referral Fee Percentage” means the commission, calculated as a percentage of Sales
Proceeds excluding VAT; Referral Fee Percentages vary depending on the assigned product
category.
3.26. “Sales Proceeds” means the gross sales proceeds from the sale of the Products, including
VAT and excluding shipping.
3.27. “Seller” means third party vendors, distributors, wholesalers, retailers and any other
incorporated company wanting to sell approved product through the BattleFit site, and who have
registered with BattleFit and have agreed to the terms of this Agreement.
3.28. “Seller Customer Information” shall mean customer information in the Seller’s possession that
was not received from BattleFit as Transaction Information or in any other manner and was not
obtained or received by Seller in connection with this Agreement or Seller’s rights and
obligations under this Agreement.
3.34. “Service Provider” means a third party that provides management software and services for
the BattleFit Site.
3.35. “Service Level Agreement” means the service level agreement or SLA that affiliates will be
required to adhere to in order to provide the required service levels to and on behalf of BattleFit
as set forth in this document and returns and refund policy.
3.36. “Transaction Information” means the Customer’s Order information, including but not limited to
the Customer’s name, email address, contact number and shipping address.
3.37. “Work Day” shall mean Monday to Friday 8am to 5pm excluding weekends and public
holidays.

Comments

4.1. When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection through a third party.

4.2. An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

5.1. All images uploaded to the website are done without embedded location data (EXIF GPS). BattleFit owns images of it’s own products with exceptions for outdated products.

5.2. BatteFit does not own all the images on the BattleFit Site, nor does it claim any of these in any capacity. Visitors to the website are able to download images off the website but re-publishing of BattleFit products outside of the BattleFit context is prohibited.

Cookies

6.1. If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

6.2. If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

6.3. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

6.4. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

7.1. Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

7.2. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

8.1. If you request a password reset, your IP address will be included in the reset email.

How long we retain your data

9.1. If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

10.1. If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where your data is sent

11.1. Visitor comments may be checked through an automated spam detection service.

Manufacturing and Issues

12.1. BattleFit sells equipment/programs/books that may be created through 3rd party affiliates and manufacturors. Herein set out the restrictions and policies:

12.1.1. “Stock Items” refers to items made at affiliate factories as commissioned by BattleFit on a bulk order or order to order basis. These items fall under the responsibility of the manufacturer or affiliate.

12.1.2. All delays and mishandlings of stock items fall under the jurisdiction of our manufacturers and the contracts that BattleFit may have with them.

12.1.3. Custom Made and made to order items fall under a separate category than to that of stock items and treated as such.

12.1.4. Issues with Stock Items may be referred to by the refunds and returns policy page whereby the protocols of fix and exchange can be found.

12.1.5. Issues with Custom Made or made to order items follow a set of protocols:

12.1.5.1. “Protocol 1”: assess the individual possible issue on an order to order basis and attend to the issue for the customer if it falls in the realm of; possible damage/ misalignment/ manufacturing error/ third party product error. 12.1.5.2. This may not include damage incurred by the courier company, customer error or manufacturer oversite depending on investigation.

Should this protocol fail to meet the standards as set between BattleFit, manufacturer, affiliate and/or customer (within reasonable amounts) then Protocol 2 shall be provoked.

12.1.5.2. “Protocol 2”: Assess the level to which the Custom Made or made to order item is functional or limited in its useability and hence set out the limits of the item in question. If no limits are found or the item is aesthetically displeasing, then the customer is entitled to a 30% – 50% refund on purchase amount from either BattleFit, manufacturer or affiliate based off of internal contractual obligations amongst the aforementioned parties. If the damage is beyond aesthetic and nonfunctional and Protocol 1 has been attempted for the customer or bypassed by customer, then protocol 3 shall be provoked.

12.1.5.3. “Protocol 3”: If the Custom Made or made to order item in question is non functional or damaged in the manufacturing process so as to make it unusable for the customer in any capacity, then the customer is entitled to a 50% – 75% refund on purchase amount from either BattleFit, manufacturer or affiliate based off of internal contractual obligations amongst the aforementioned parties.

12.1.6. All returns of Custom Made or made to order items/products are subject to investigation including internal investigation before any refund is drawn up or agreed upon and this process must be allowed to take place. In the event of customer or manufacturer violating these terms of agreement of sale of Custom Made or made to order items then the customer or manufacturer will be held liable for the damages to the process.

12.1.6.1. This could mean the forfeit of refund for the customer or the

12.1.6.2. Withdrawal of agreement between manufacturer and BattleFit, resulting in capital expenses being incurred and liability being foregone on BattleFit’s behalf.

see Returns and Refunds Policy

Re-sale of BattleFit Products

13.1. Resale of BattleFit Equipment Products and intellectual property is prohibited. Unless stated otherwise through contractual exceptions.

13.2. This refers to independent sellers, other ecommerce companies and contractors with the explicit agreement by BattleFit and/or it’s representatives.

13.3. Customers are prohibited to re-sell BattleFit products at a higher value of product unless explicitly allowed/stated by BattleFit and/or it’s representatives in writing.

Liability

14.1. BattleFit accepts no liability in the usage of our products, given the nature of the industry and methods of physical exercise. By the default method of payment for an order, the Customer agrees to:

14.1.1. Waive all rights with regards to physical injury sustained on, near or around the product purchased from BattleFit.

14.1.2. Waive all rights to recourse in the event of injury or even death through use of any item ordered on the BattleFit site or through a representative.

14.1.3. Accept all liability in the product/item’s use either in public/ at home/ or in isolation.

14.1.4. All damages to the product/item that are incurred after 30 days of receipt of product/item are under the liability of the customer/ contractor/ company of purchase.

14.1.4.1. This includes but is not limited to: scratches, dents, bends, cuts, removals, installations, erosion, fading, stains and/or removal.

Payments

15.1. BattleFit expects full payment upon completion of any orders with exceptions if:

15.1.1. 3rd party sellers have contracts with BattleFit that explicitly state otherwise.

15.1.2. BattleFit has an agreed upon payment plan with the customer/company in question.

15.2. BattleFit reserves the right to take customer/ manufacturer/ contractor/ company to court should there be a breach of agreement or signed contract.