Terms of Use for Customers

Last Updated: 10 May 2020

Welcome to Hadada!

Hadada provides a service that enables people to connect to fitness instructors and trainers from South Africa. The service allows you to participate in their live online classes from the comfort of your own home (or from wherever else you find yourself in the world). Our goal is to deliver a positive user experience. And the only way we can do so is if we have a few rules. We therefore provide these Terms of Use, which govern your use of Hadada. If you do not agree to all of the terms, you must delete your account and you may not use Hadada.

1   Your privacy and security
In order to use the Hadada service and participate in online classes, you must register an account. You may only do so if you are over the age of eighteen and have internet access. Our accounts are stored through a third party site. We make no guarantee of the safety and accuracy of the third party site. The registration process entails providing a username and password. You are solely responsible for the safety of your password, and you must inform us if you suspect someone has unlawfully obtained this information.

After you have created an account, you may be required to provide personal information. This may include your name, email address, contact numbers, physical and postal address and all other personal information that is required by law or needed to provide or enhance the service we offer our community. If you wish to participate in a paid class, you will also have to provide financial information in order to authorise a payment.

1.1  Our privacy policy.  Your privacy and the security of your private and digital information is important to us. Our privacy policy forms part of this agreement.  We may update the privacy policy from time to time, and any change to the policy will automatically amend this agreement.

1.2  What we may do with your information.  We will collect your private information and other digital data in terms of our privacy and security policy. This is done in order to manage and enhance your experience and the experience of our community. We will take all reasonable steps to protect your personal information, and we will never sell your information. We may however distribute your information to the trainers and instructors that teach the classes to which you have signed-up for. We may also share your information with third parties who we use in order to operate our business. We are also required to disclose information if required by law. We constantly aim to improve and grow our services and products to you and our community, and so we may send you promotional information through any form of communication. You agree that we may send you this type information, although you are free to opt-out of receiving this information at any time.

1.3  We use third parties to provide security.  Our website uses third parties to provide technical support in order to protect your privacy, financial information and digital security. This means that your personal information and other data will be sent and stored by third parties, and that this information may be sent to and stored at places outside South Africa. We only contract with third parties who we are confident can provide adequate protection. We do not handle your financial information, and will never view your financial information.

1.4  We do not accept liability for any act that causes you damage as a result of the information you provide us.  Unfortunately the internet is vulnerable to attacks. We therefore cannot guarantee the safety and security of your personal and financial information. You accordingly upload your personal and financial information at your own risk, and we are not liable for any damages that are caused as a result of your personal, digital and financial information being leaked, accessed and/or distributed. We also do not guarantee the safety of your information that is sent and stored by our third party providers. You therefore indemnify us from damages that are caused by the actions or omissions of our third party providers.

1.5  Your information after the agreement is cancelled.  We may keep your information for a reasonable time after the agreement is cancelled. And, if there is a dispute, we may keep your information until such time as the dispute is finalised.

1.6  How we will communicate with you.  Our communications to you will primarily be through email or cell phone text messages. We may also communicate to you through telephone or postal or physical address. Your acceptance of this agreement means that you acknowledge we may use your personal information for purposes of communicating with you.

2   Your commitment to us
2.1  You are responsible for training within your limits.   As with all exercise programmes, you are required to consult with a medical doctor before commencing an exercise programme and participating in an online class. If you become aware of a health conditions, you must consult with a medical doctor before continuing with an exercise programme or participating in an online class. We do not provide medical advice or care, and you are therefore required to obtain medical pre-approval prior to commencing or continuing with an exercise programme or online class. You should not use the service if you have a history of chest pain, joint and muscle pains and all other condition that may be aggravated or worsened through online workouts. If, during a workout, you feel that you are exercising beyond your physical capabilities and abilities, you must immediately stop. You must also stop the workout if you feel any pain, discomfort, nausea, or dizziness. Some videos may make use of flashing lights, and you should not use the service if you are prone to seizures. You are responsible for informing the trainer or instructor prior to the commencement of a class of any condition that may affect your ability to fully participate in the class. If you do not disclosed the condition, you may not participate in the class and must imminently end the online session.

2.2   Any claim against us and our trainers is limited.  You are responsible for exercising within your limits, and therefore assume all risk of injury to your person or property that may result from your use of the service under this agreement. To the extent permitted by law, this means that you indemnify Hadada and its trainers from any claim you may otherwise have against Hadada and its trainers. This includes, but is not limited to, claims arising from negligent conduct.  We will only be liable to you for wilful conduct and gross negligence.  We do not promise or guarantee any weight loss, fitness or other health results or improvements.

2.3  Users must be eighteen years and older.  The workouts on the service may only be used by persons of eighteen years of age and older. In limited instances, a trainer or instructor may provide a workout aimed at persons under the age of eighteen. These workout will be clearly marked. The parent or legal guardian must consent to a person under the age of eighteen using the service, and the person under the age of eighteen must be supervised by the parent or legal guardian or other caregiver who has been assigned such responsibility by the parent or legal guardian. A person under the age of eighteen’s use of the service is subject to the entirety of the agreement.

2.4  What you may not to do.   The services offered on Hadada is only possible due to the efforts and services of Hadada, our trainers, instructors, employees, third parties and other users of the service. In order to protect their interests, you undertake that neither you nor a third party acting on your behalf will or will attempt to—
2.4.1 Record, copy, distribute, broadcast, transfer, display, licence, exchange or download any work that is offered on the service. This most notably includes, but is not limited to, the online workouts.
2.4.2 Infringe upon the rights of third parties, and the rights of fellow users of the service.
2.4.3 Distribute information that permits persons not registered on the website and/or not paid for the service to use or otherwise benefit from the service.
2.4.4 Infringe upon the rights of the rights of the owners of the programmes used to operate the service.
2.4.5 Use or adapt the content of a class to teach a class.
2.4.6 Publish or transmit content that is defamatory or offensive.
2.4.7 Publish or transmit the intellectual property of others without the necessary permission.
2.4.8 Use the service through a virtual proxy network.
2.4.9 Register multiple accounts
2.4.10 Manipulate, remove or override the security features of the website.
2.4.11 Download or mine information on the service, including the information of users.
2.4.12 Submit fraudulent or false information, including fraudulent and false banking and card information.
2.4.13 Join a paid class for which you have not paid.
2.4.14 Circumvent the agreement by cancelling a purchase, and contacting the teacher, trainer or instructor in order to avoid paying the fees.
2.4.15 Participate in the online class for your own commercial gain.
2.4.16 Participate in the only class for any reason that your own personal use.
2.4.17 Conduct any illegal activity.

2.5  What you must do when signing-in for a class, and what information will be shared and visible.   Upon registering for a class, you agree that we may share your name and email address and other personal information needed to identify you with the instructor or trainer of the online class. Upon signing-in to a streaming class, you must insert the same name that is on your account.  You are advised to sign-in to the online class at least 15 minutes before the start of the class and you must sign-in no later than 10 minutes the start of the class.  We will not be responsible (and not issue a refund) for any problem that could have been corrected had you signed-in on time.  Your name and video stream (including audio) may be visible to the instructor, trainer and other participants of the online class.

3   Payments and refunds
3.1  Your relationship with the fitness instructor.  When you purchase and join a class, you conclude a purchase agreement between yourself and the fitness instructor or trainer.  We only act as an intermediary that facilities the purchase transaction.

3.2  Paying for classes.   We are offer a mix of free and paid classes. If you select a paid class, you undertake to pay the amount that is levied for the class at the time of payment. We accept payment via Visa and MasterCard but do not guarantee that all payment cards and methods will be available.  You are therefore limited to the payment methods that are available at the time of purchasing the class or other product. By associating a payment card or payment method with a particular purchase, you authorise a charge to your payment card or other payment method in order to complete the purchase. A payment card or payment method may be subject to further terms of use, and you are solely responsible for complying with those terms including any charges, fees and billing information. This includes your consent to the terms of use of the payment gateway system.  All purchases for online classes will be processed immediately although any timeframes are subject to the processes of our third party vendors.  Your purchase will be confirmed by way of an email.

3.3  Bundled classes.  Some fitness instructors and trainers bundle their classes together at a discount rate.  If you purchase a bundled class, you are not permitted to a refund unless you were not able to attend all of the classes in the bundle for reasons that were outside of your control.  We may require you to submit proof to substantiate any claim.

3.4  Card acquiring and security.  Card transaction will be acquired for us via PayGate (Pty) Ltd who are an approved payment gateway for all South African acquiring banks.  PayGate uses the strictest form of encryption namely Secure Socker Layer 3 (SSL3) and no card details are stored on the Hadada website.  Users may go to www.paygate.co.za to view their security certificate and security policy.   We store your personal information separately from your card details, the latter of which are entered by you on PayGate’s secure sit.  For more detail on PayGate, go to www.paygate.co.za.  We will take responsibility for all aspects relating to the transaction including the sale of goods and services sold on the service, customer service and support, and dispute resolution.

3.5  Refunds.  We offer live online fitness classes, which means that refunds are highly unlikely. Once you have paid for a class, you will not be entitled to a refund for the money paid unless the class is cancelled or not presented. If you choose to end the class (for whatever reason) no refund will be issued. There are limited circumstances in which we may consider issuing a refund or voucher, which include (i) if the class was cancelled or not presented; (ii) if there were technical errors on our site or that of the trainer or instructor that was not caused from you or your computer or online system; (iii) if the product was not as advertised; or (iv) cancel the class no later than 24 hours before the commencement of the class. We unfortunately live in an era of power-outages. You are responsible for ensuring that you will have adequate internet and back-up power supply when signing up for a class. If we determine that you are eligible for a refund, then, in our discretion, we may either issue a monetary refund or issue a voucher with the same monetary value to attend another online class on the Hadada service.

3.6  Procedure for refunds.  The refund request must be submitted within five days of the class. The refund request will be sent to the instructor or trainer, and, should the matter not be resolved, we will investigate. Please email info@hadada.org. You must provide a detailed description of the reason you are requesting a refund, and you must comply with all our reasonable requests for proof. If a refund is issued, we may charge a fee of 10 per cent of the purchase price for the class in order to cover transaction and administrative costs. Refunds will be processed within 20 business days from the date on which the refund is approved by us.

3.7  Cancellation of payments through your bank.  If you cancel a payment by giving notice to your financial institution to stop or refund a charge, you will be liable to us for any penalties or charges incurred by us to that financial institution or any other financial institution.

3.8   Additional terms about payments
3.8.1 The purchase prices includes Value Added Tax unless otherwise stated, if applicable.
3.8.2 Purchase prices are charged in South African Rands.  Our country at the time of presenting payment options to you is South Africa.  If you make payment using a foreign currency, you will be responsible for any transaction and conversion costs that are associated with converting currency and paying from a foreign country.
3.8.3 If we suspect that a transaction is fraudulent or otherwise unlawful, we may at our discretion refuse the transaction and cancel your account.

4  General provisions
4.1  Updates to the Agreement.  Our aim is provide you and our community with a positive experience, and so we are constantly working on improving our existing services and creating entirely new ones. This may also include the removal of features. We may therefore need to update the terms of the agreement (and the privacy policy ) from time to time in order to best reflect the operation of the service, our practices, and your experience.

4.2  Notification of updates.  We will notify you (usually by email or through the website) at least 14 days before we make any major changes to the agreement that are adverse to you. This will give you an opportunity to review them before they go into effect. But if a change is minor, not adverse to you, or is required by law, we may make the change immediately. You are therefore required to keep yourself updated with the agreement, and review the agreement at least once a month. The date on the top of the Terms of Use will denote the date of the last update. Once the updated agreement is in effect, you will be bound by them if you continue to make use Hadada. We hope that you will continue to be part of our community, but you may cancel your account if you do not agree to our updated agreement.

4.3  When may we cancel your account and the agreement.  Hadada is a place where all people should feel welcome and safe. If we determine that you have breached our agreement and policies, we may, in our discretion, suspend or permanently terminate your account. We may also suspend or terminate your account if you infringe on the rights of other people or where we are required to do so by law.

4.4  When may you cancel the agreement.  You may cancel this agreement at anytime by cancelling your account. Your cancellation does not exempt you from any payments, including fees and penalties, that are due by you to us.

4.5  Assignment.  You may not assign or transfer any of your rights or obligations under this agreement. We may however assign our rights and obligations under this agreement to any person without restriction and without prior notification.

4.6  Severance.  If a provision or a portion of the agreement becomes invalid or unenforceable, it will be deemed modified to the smallest extent needed to make the provision or portion of the provision valid and enforceable. A modification may only be made if it makes commercial sense taking into account the purpose of the agreement and the other terms of the agreement. If the provision or portion of a provision cannot be modified in a way that makes commercial sense, it shall be deleted. The deletion of a provision from the agreement does not invalidate or render unenforceable the remainder of the agreement.

5 Limits on Liability
We are proud of the Hadada service, which is why we are constantly working on improving the experience for all our users. Our service is however provided “as is”. All online services — ours included — will suffer from glitches and interruptions from time to time. We therefore make no guarantee that the service will be safe, free from bugs, secure and error-free, and that the service will operate without disruptions, delays and flaws. We may occasionally need to stop services in order to conduct maintenance.

5.1  The extent of our liability to you.  We unfortunately cannot anticipate and predict when glitches and interruptions might occur in the service. Our liability is therefore limited to the fullest extent permitted by the law, and we will never be liable to you for any lost revenues, profits, and data as well as any damages (whether they are general, special, incidental, consequential, for pure economic loss, or otherwise) that may arise out of the agreement and the use of Hadada. To the extent that we are liable to you, our liability to you is limited to foreseeable loss, which includes only an obvious consequence of the breach or a consequence of the breach that was foreseeable by both you and us at the time of concluding the agreement. We do not control or direct the actions and words of the providers and users of Hadada, and we are therefore not responsible for their actions or conduct. We also do not control the actions and words of our trainers and instructors when they conduct an online class, and we are therefore not responsible for their actions or conduct. We will not be liable to you for our failure to perform in terms of the agreement for events that are outside of our control. This includes, but is not limited to, (i) industrial action like strikes and lockouts, (ii) protests and demonstrations and all other civil riots, (iii) wars, (iv) fires, (v) explosions (vi) natural disasters like storms, floods, earthquakes, lighting strikes, (vii) pandemics, (viii) failures in telecommunication systems including internet services and any failures of our providers to ensure the proper operation of our internet services and (ix) power outages.

5.2  There is no guarantee that a service will run.  We do not guarantee that free and paid classes will be available. We also do not guarantee that a class for which you signed up for will take place. We also do not guarantee that a trainer or instructor has a particular set of skills or that he is certified to train or instruct under a particular brand. If the class does not run or a class was not as advertised, you must request a refund which will be the only relief you will have against us.

6  Disputes
We aim to provide clear rules so that we can hopefully avoid or limit the disputes between you and us. If you have a complaint or a dispute, please contact dispute@hadada.org. We will do our best to resolve your complaint or dispute. If we are unable to resolve your dispute or if we have a dispute against you, the dispute will be resolved in the following manner.

6.1  You and us must attempt to resolve disputes through negotiation and mediation.  Should any dispute, disagreement or claim arise between you and us concerning this agreement and/or the use of Hadada, you and us shall try to resolve the dispute by negotiation in Johannesburg, South Africa. This entails that the one party who has complaint invites the other in writing to a meeting and to attempt to resolve the dispute. The negotiations must take place within 30 (thirty) business days from date of the written invitation. The party must provide the other party at least ten business days’ notice. You and us are allowed to conduct the negotiations through legal representatives. If the dispute has not been resolved by such negotiation, including if either you or us fails to attend the meeting or unilaterally ends the negotiation process, then the party that initiated the negotiation shall submit the dispute to an AFSA administered mediation process in Johannesburg, South Africa upon the terms set by the AFSA Secretariat. If the dispute is successfully mediated, the outcome, including the obligations of the parties, must be recorded in writing and signed by both parties. You and us are allowed to conduct the mediation process through legal representatives (including external legal representatives). The negotiation and mediation process and outcome must remain private and confidential, and you and us will be responsible for our own legal costs regardless of the outcome. You may choose to conduct the negotiation and mediation process over video conferencing or on written submissions, but that choice does not detract from our right to make representations in person (and through our external legal representatives).

6.2  Disputes will finally be resolved through arbitration.  In the event that you and us are unable to reach a dispute-settling agreement through mediation, the dispute, if arbitrable in law, shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (AFSA) by an arbitrator or arbitrators appointed by you and us or AFSA. The arbitration will take place in Johannesburg, South Africa. If the amount claimed is less than R150,000.00, then (i) the Expedited Rules of ABSA will apply and (ii) the arbitrator will be an advocate of at least ten years of experience as a practicing advocate in the field of commercial law. If the amount claimed is R150,000.00 or more then (i) the Commercial Rules will apply and (ii) the arbitrator must be advocate of at least fifteen years of experience as a practicing advocate in the field of commercial law or a retired judge. You may choose to conduct the arbitration process over video-conferencing or on written submissions, but that choice does not detract from our right to present evidence and make representations in person (and through our external legal representatives). Any judgment on the award rendered by the arbitrator may be enforced in any court of competent jurisdiction. You or us may only appeal an arbitration award if the award is R200,000.00 or more. If you and us are unable to agree on an arbitrator, the arbitrator(s) will be appointed by AFSA subject to the qualification criteria set out above. In addition to the power to make an award for monetary damages, the arbitrator may grant relief for non-monetary damages as permitted by South African law. The award of the arbitrator (or the appeal arbitrators) is final and binding upon you and us.

6.3  The dispute resolution is subject to binding time frames.  You and us are required to submit a dispute for negotiation within three months of the dispute arising. If the negotiation process is unsuccessful, the party that instituted (or counter-instituted) the negotiation process must submit the dispute to AFSA for mediation within 30 calendar days from the end of the negotiations process. If the mediation is unsuccessful, the party that instituted (or counter-instituted) the mediation process, must submit the dispute to AFSA for arbitration within 42 calendar days from end of the mediation process. The failure to meet the timeframes means that the party loses the right to pursue the claim in mediation and/or arbitration.

6.4  Security for award and costs.  If you are not a resident of South Africa or do not own property in South Africa, you must provide security for any possible awards or costs against you. If the security is not provided, you may not prosecute your claim against us (although we may prosecute our claim against you despite your failure to provide security).

6.5  No class action is permitted action.  All disputes and claims —that relate to the agreement, the dispute resolutions provisions, and your use of Hadada —must be negotiated, mediated and arbitrated on an individual basis and not on a class action or collective basis. No disputes and claims of more than one person may be negotiated, mediated and arbitrated or consolidated with any other dispute or claim of another person.

6.6  Disputes that are not exclusively subject to negotiation, mediation and arbitration.  You and us may elect to seek relief in court for infringements of intellectual property rights, including trademarks, copyrights, domain names, unlawful competition, trade secrets, and patents. Any dispute that may be pursued through court processes must be instituted within one year of the dispute arising.

6.7  The dispute resolution provisions survives.  If the agreement is cancelled, the dispute resolution provisions continues to apply.

7  Additional terms
We hope that the agreement is clear. For added clarity, please note the following:

7.1   What ‘Hadada’ and ‘us’ and ‘we’ means.  When the agreement refers to ‘Hadada’ or ‘us’ or ‘we’, it means the Hadada website, the Hadada brand, the owners of Hadada and includes all of Hadada’s employees, contractors, agents, and all trainers, instructors and teachers that provider a service on the Hadada platform.  The Hadada website and brand is owned by and is the proprietorship of Hadada Live (Pty) Ltd. 

7.2   What ‘you’ means.  When we refer to ‘you’, it means the the client or customer that uses the services provided by Hadada.

7.3   What ‘service’ means.  When we refer to ‘service’ we mean all the services offered on the Hadada website, which includes, but is not limited to, browsing the website, registering an account, participating in paid and not-paid classes, purchasing products, clicking on links, providing information, and contacting Hadada.

7.4.  What ‘personal information’ means.  Personal information mean the information that is included in the definition of ‘personal information’ as defined in the Promotion of Access to Information Act 2 of 2000, and all other personal information that is specified and contemplated in this agreement.

7.5 Owners.  The Hadada website is owned and run by Oelof de Meyer and Michael Dafel who are based in South Africa.  They are domiciled in South Africa, and correspondence can be sent to Unit 18 Bryanston Manor, 19 Milcliff Road, Paulshof, Johannesburg 2191.  Our email addresses are oelof@hadada.org and michael@hadada.org, and we can be contacted on 079 176 2775.

7.6  Complete Agreement.  This Agreement is the complete agreement between you and us. It sets out the full extent of any liability that you may have against us, and the relief you are entitled to claim. This agreement does not, and may not be interpreted or construed in a way, that creates a relationship between you and us of a partnership, joint venture, employer-employee, independent contractor, agency or franchise agreement.

7.6  Headings.  The headings including the introductory bolded sentences may be used to clarify any provision in the agreement, but they may not be used to counter or negate other term or sentence or phrase or word in the agreement.

7.8  South African law applies.  This agreement and any action related to the agreement and the use of Hadada shall be governed and interpreted in terms of the law of South Africa.  Any disputes arising from the agreement and the use of Hadada must be resolved in terms of South African law.