TERMS & CONDITIONS
Last Modified: 03-May-2019
- Participation in this Wellness Challenge is governed by these terms and conditions (the “Rules”).
- Contestants are encouraged to review these Rules before entering into the Wellness Challenge and acknowledge that they have been given an appropriate opportunity to do so and that they understand and accept these Rules.
- The Wellness Challenge is organised by Urban Beauty Academy, 10 Lang Street, Kuils River, Cape Town in conjunction with its partners (the “Promoters”).
- Participation in the Wellness Challenge constitutes acceptance of these Rules and Contestants agree to abide by these Rules.
By Entering this Wellness Challenge and / or accepting any prize (if you are the winner), you agree to be bound by the following terms and conditions:
- This Wellness Challenge is limited to residents of Cape Town. In addition, the following people shall not be eligible to participate in this Wellness Challenge:
- Directors, members, partners, promotional and advertising agents, employees or consultants of Urban Beauty Academy and its Promoters.
- People who are not legal residents and/or legal citizens of the Republic of South Africa.
- Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified in the first point above.
- Persons under the age of 18 years.
- Persons who have adverse or unfavourable breach of contract with the nominated gym or fitness partner/institute at such time.
- The Wellness Challenge will commence on the date publicly announced by the UBA 90 Day Welness Challenge and will end on the date publicly announced by the UBA 90 Day Welness Challenge. No entries after the submission and registration closure date will be considered, or in the event that the current season is at capacity.
- During the induction period(s), preparation for the challenge will take place. Preparation include:
- Health assessments , weigh-in ( before photo’s )
- Introductions to each trainer/ their goals etc.
- Reprogramming of the mind / Mentors of the programme
- During the induction period(s), preparation for the challenge will take place. Preparation include:
- Prizes are not transferrable. No substitutions will be allowed. Urban Beauty Academy reserves the right to amend, modify, change, postpone, suspend or cancel this competition and any prizes or any aspect thereof, without notice at any time, for any reason which the company reasonably deems necessary.
- Urban Beauty Academy and its Promoters will assume no liability for any direct or indirect damages occurring as a result of participation in the Wellness Challenge or as a result of the use of the prize.
- Urban Beauty Academy is not responsible for entries that are late, lost, misdirected, distorted, damaged, illegible, or incompletely received for any reason, including by reason of hardware, software, browser or network failures of any kind, lost or unavailable network connections.
- Urban Beauty Academy shall be entitled to reject any entry for any reason whatsoever and not be obliged to enter into correspondence with any individual regarding this Wellness Challenge.
- All prizes are subject to availability.
- By entering this Wellness Challenge you authorise Urban Beauty Academy and its Promoters, to collect, store and use (not share) personal information of entrants for communication or statistical purposes. You are entitled to decline any marketing communication by opting out.
- All contestants and/or winner of the Wellness Challenge indemnify Urban Beauty Academy, its advertising agencies, advisors, nominated agents, Promoters, partners, suppliers, dealers and manufacturers against any all claims arising howsoever out of and/or their participation in this Wellness Challenge.
- By entering this Wellness Challenge all contestants accepts and give consent to publish photographs and video taken for the duration of the Wellness Challenge to be published for promotional purposes on all media platforms. You are entitled to decline this by opting out.
- All images and materials are copyright protected and are the property of UBA 90 Day Wellness Challenge, unless otherwise noted and credited to their maker. Please contact us at email@example.com for permission to use our copyrighted materials.
- UBA 90 Day Wellness Challenge. Unauthorized use and/or duplication of these images and materials without written permission from the website and marketing content is prohibited. Excerpts and links may be used, provided that credit is given to UBA 90 Day Wellness Challenge with appropriate and specific direction to the original content.
- The winner of the Wellness Challenge accepts becoming an Urban Beauty Academy Ambassador and includes sharing of photographs, biographical information to promote the Wellness Challenge, without compensation.
- Urban Beauty Academy and Promoters reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this challenge.
- Contestants may select a nickname to be used during course of this Wellness Challenge.
- There are prizes up for grabs plus the opportunity to offer one disadvantaged person a UBA bursary for 1-year valued at R50,000 excl. VAT The prizes include but is not limited to the following:
- R5,000 Cash prize!
- The winner will choose someone from a previously disadvantaged background to study at Urban Beauty Academy valued at R50 000 excl. VAT.
- Any many more…
- All Participants are mandated to attend weigh-in sessions every alternate week on the nominated days disclosed in a seasonal calendar, at an address specified at the time.
- Should contestants not be able to make a weigh-in at 19:00 they would need to inform UBA ahead of time. These contestants who are late will be merited on extenuating circumstances.
- Should these weight-in times conflict with personal diaries, please contact UBA Head office at firstname.lastname@example.org or telephonically on 021 903 4092 to make alternative arrangements, or contact email@example.com
- All applications are required to be done online on the official Wellness Challenge website, www.uba90wellnesschallengeco.za.
WHAT’S INCLUDED IN THE FEE
- Medical consultation (Chinese Medicine) by Dr Alex Smuts
- Meal protocols designed by Detoxification Nutritionist Alex Cousins
- Weekly live Facebook Sessions
- Motivational WhatsApp group and every day counselling
- Training Sessions
- It is encouraged and advised that all Contestants consult with their physician/doctor before beginning this Wellness Challenge
- No refunds.
- Proceeds will go towards the Urban Beauty Academy development and training for under-privileged young women.
- The overall winner will be the contestant who loses the most weight as determined on the scale.
- In the event of a tie between Contestants who lose the same percentage of body weight in kilograms, fat loss and centimetre loss will then be taken into consideration.
- These are people who will take the 90-day Wellness Challenge seriously to improve their health, nutrition, and overall wellness – Mind, Body and Soul.
- They commit not only to themselves, but to their families, community members, and the learnership recipient(s) as well.
- The Challenge is not ONLY about losing weight, but about gaining strength, creating healthy eating habits, and establishing a sustainable, affordable healthy lifestyle habits. Plus invest in the empowerment of a young woman who will become a sustainable contributor to their communities and to the economy.
- If you are interested in the principles indicated above, then this challenge is for you.
- Contestants with a medical history restricting strenuous exercise should please consult their physician before undertaking to proceed with any recommendation from any source relating to this challenge.
CANCELLATION & TERMINATION
- You are solely responsible for properly cancelling your account, which you can do so by emailing us on firstname.lastname@example.org
- All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- All cancellations must be done in writing one calendar month in advance.
- Any cancellation to the 90 Day Wellness Challenge must be done within 7 Days of commencement of the programme to be eligible for a refund. Failure to do so within the time stipulated above will result in forfeiture of the full amount of the programme.
- The UBA 90 Day Wellness Challenge and Urban Beauty Academy, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other UBA 90 Day Wellness Challenge and/or Urban Beauty Academy service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
- UBA 90 Day Wellness Challenge and Urban Beauty Academy reserves the right to refuse service to anyone for any reason at any time.
- UBA 90 Day Wellness Challenge and Urban Beauty Academy shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage arising from your reliance on access or benefits of services which arose out of the suspension or termination of a product/service, whether termination or suspension took place willingly by the customer or unwillingly (such as in the case of an overdue account).
- The parties agree to treat as secret and confidential and not at any time for any reason during or after the termination of the Agreement to disclose or permit to be disclosed or made use of any confidential information concerning the other’s business, customers, suppliers or associated companies which they may acquire in the course of the Agreement.
- UBA 90 Day Wellness Challenge and Urban Beauty Academy shall where so requested by the Contestant/Member impose equivalent obligations of confidentiality on its own personnel and obtain written assurances from any third parties to whom information has to be disclosed in order to enable UBA 90 Day Wellness Challenge and Urban Beauty Academy to carry out its obligations under the Agreement.
- For the avoidance of doubt, the restrictions in this Clause shall not prevent:
- the disclosure or use of information in the proper performance of UBA 90 Day Wellness Challenge’ duties and Urban Beauty Academy’s duties;
- the disclosure of information if required by law;
- the disclosure of information by one party who acquired it from a third party which was not under an obligation of confidentiality to the other party; or
- the disclosure of information which is already in the public domain otherwise than through unauthorised disclosure by UBA 90 Day Wellness Challenge and Urban Beauty Academy.
- Nothing in the Agreement shall prevent UBA 90 Day Wellness Challenge and Urban Beauty Academy from using the name of the Contestant/Member in any list of contestants/members used by UBA 90 Day Wellness Challenge and Urban Beauty Academy for its own promotional purposes unless the Contestant/Member has notified UBA 90 Day Wellness Challenge and Urban Beauty Academy in writing that it is unwilling for its name to be so used.
- The provisions of this clause shall survive the expiry or termination of the Agreement.
MODIFICATIONS TO THE SERVICES & PRICES
- UBA 90 Day Wellness Challenge and Urban Beauty Academy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- UBA 90 Day Wellness Challenge and Urban Beauty Academy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- From time to time, UBA 90 Day Wellness Challenge and Urban Beauty Academy may issue an update to the UBA 90 Day Wellness Challenge and Urban Beauty Academy servers which may add, modify, disrupt and/or remove features and/or facilities from the service/product purchased.
- These updates may be pushed out automatically with little or no notice, although UBA 90 Day Wellness Challenge and Urban Beauty Academy will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
EVENT TICKETS & CANCELLATIONS
(1) You will be required to provide the necessary payment account details (such as credit card details) when submitting your booking request. . By submitting a booking request to us, you authorise us to debit your designated account with the relevant amounts due for the tickets ordered. Such authorization will allow us to obtain payment at any time after our confirmation of your booking. We will not be obliged to issue any tickets to you prior to receiving full payment of the full agreed amount payable in respect of such tickets. Should we be unable to duly effect such payment for any reason your booking may be cancelled and your tickets may be resold to another customer without further notice. You warrant that you are duly authorised to make payments from the account designated by you. You also authorise us to pay all amounts to be refunded to you into such account.
Pricing & Description
(1) The supply of tickets offered to you depends upon the availability thereof. We may without prior notice change the price, change or discontinue the availability or change the description of venues, seating arrangements or events for which tickets are made available. Special promotions may be subject to certain additional terms and conditions.
(2) Unless otherwise stated, all ticket prices displayed are in South African Rand. All prices indicated as applying to tickets will be exclusive of delivery fees which will be separately charged to you in respect of all deliveries in accordance with the specified rates. In the event of a cancellation, exchange or replacement of tickets at your request a stipulated handling fee and/or a cancelation fee may also apply.
(3) All prices indicated as applying to tickets will be exclusive of VAT and exclusive of any other taxes and duties, which, unless otherwise indicated, will be charged separately if applicable.
(1) To book tickets with us, you will be required to complete the prescribed booking form. You must be over the age of 18 and able to conclude binding contracts to submit a booking to us or, if you under the age of 18, you must have obtained the consent of your parents or legal guardian to submit a booking to us. If you do not comply with the aforesaid you may not submit any booking for tickets via our computer systems. We may require you to provide us with suitable documents proving your age and/or the consent of your parents or legal guardian prior to accepting any booking from you.
(2) You may submit booking requests for tickets to us by completing our automated booking process and submitting your payment information to us in the prescribed manner. Our booking process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting your booking request. Please make sure that the booking details are correct before submitting the booking request, since it is unlikely that any mistake you make can be rectified later. We may limit your booking to a specified number of persons to discourage unfair booking practices.
(4) A legally binding contract will be formed between us upon the earlier of (i) our sending of such a confirmation notice confirming our acceptance of your booking, or (ii) our delivery of the tickets ordered in accordance with these terms. We reserve the right not to accept or process your booking request and we will notify you if this is the case. In particular, we may refuse to sell you tickets to events for which you do not meet the specified qualification criteria, including if you do not comply with the minimum age for the particular event stipulated by law or if the number of persons in your booking exceeds any applicable limit specified for the relevant event.
(5) Please note that while we will try to send to you a confirmation notice for every valid booking request we receive from you, we cannot guarantee that such confirmation notice will be received by you, nor that, if they are received by you, that they will be legible and uncorrupted. Your failure to receive such confirmation notice will not affect the validity of the agreement concluded between us in respect of a booking.
(6) If you do not receive a confirmation notice after submitting your payment information, or if you experience an error message or service interruption after submitting your payment information, you should confirm with us whether or not your order has been received and processed. Only you may be aware of any problems that may have occurred during the booking process. WE WILL NOT BE LIABLE FOR ANY LOSSES YOU MAY INCUR IF YOU ASSUME THAT A BOOKING WAS NOT PROCESSED BECAUSE YOU FAILED TO RECEIVE OUR CONFIRMATION NOTICE.
(7) The information you have submitted with your booking request will be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact us immediately.
(9) We will retain records of ticket purchases made by you and you will be able to access outstanding booking requests with us at https://www.uba90daywellnesschallenge.co.za/my-account/. Such records may be archived at any time as from six months after your purchase and will then become inaccessible to you. For information on archived records you can call our Customer Care Centre.
(10) If any problems arise in respect of delivery or the handling of your ticket purchases please contact us on email@example.com.
Cancellations, Refunds and Exchanges
(1) You may cancel any booking submitted to us for tickets that have not yet been issued to you at any time prior to the date of the event to which such booking pertains, by sending a cancellation notice to firstname.lastname@example.org. You may also cancel any issued tickets acquired from us at any time prior to the scheduled date of the event. When you cancel your booking or return your tickets you must provide us with the relevant booking number. Following receipt of your booking cancellation or returned tickets, we will refund you the face value paid for the relevant tickets (or, if a discounted ticket, then instead the discounted ticket price paid), provided that reasonable cancellation charges as determined by the Event Organiser may be charged and deducted from such refund. Unless otherwise stipulated by the Event Organiser and depending on the prevailing circumstances the following cancellation charges may apply:
• If the cancellation occurs more than 30 days prior to the event a 15% cancellation fee will apply;
• If the cancellation occurs less than 30 but more than 7 days prior to the event a 50% cancellation fee will apply;
• If the cancellation occurs less than 7 days prior to the event a 100% cancellation fee will apply;
• Notwithstanding the aforesaid, if you can provide us with suitable documentary proof that a person in whose name a ticket was booked will not be able to attend the event because of his/her death and/or hospitalisation, no cancellation fee will apply in respect of the cancellation of such person’s ticket.
(2) Event Organisers may refuse admission to events, alter the program or seating arrangements for events, or even postpone or cancel events in certain circumstances. In such case, the Event Organiser may offer a refund or exchange of tickets for which you may be required to follow certain procedures specified by the Event Organiser. No refund will apply if you are refused admission to the event because you are younger than the minimum age for attendance specified by law or you otherwise fail to qualify for attendance. Should an event be cancelled or postponed, we will provide a notice on our web site at www.computicket.com or contact you to inform you of the relevant refund or exchange procedures for that event. You may also contact us on email@example.com for instructions. In order to receive any refund or an exchange that is offered, you will have to comply with the Event Organiser’s instructions and deadlines.
(3) If a refund is issued hereunder, it will be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund.
The jurisdiction of UBA 90 Day Wellness Challenge and Urban Beauty Academy Services are solely confined within the Republic of South Africa (the “Republic”), the Republic’s courts of law and within the comfort of the Republic’s legislation. UBA 90 Day Wellness Challenge and Urban Beauty Academy and the UBA 90 Day Wellness Challenge and Urban Beauty Academy Services refer to, however not limited to, the following list of legislative material:
Administration of Estates Act, No. 66 of 1965
Intellectual Property Laws Amendments Act No. 38 of 1997
Arbitration Act No. 42 of 1965 Labour Relations Act No. 66 of 1995
Basic Conditions of Employment No. 75 of1997
Long Term Insurance Act No. 52 of 1998
Closed Corporations Act No. 69 of 1984 Medical Schemes Act No. 131 of 1998
Companies Act No. 61 of 1973
Occupational Health & Safety Act No. 85 of 1993
Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993
Pension Funds Act No. 24 of 1956
Consumer Affairs (Unfair Business Practices) Act No. 71 of 1988
Post Office Act No. 44 of 1958
Copyright Act No. 98 of 1978
Regional Services Councils Act No. 109 of 1985
Credit Agreements Act No. 75 of 1980 SA Reserve Bank Act No. 90 of 1989
Currency and Exchanges Act No. 9 of 1933 Short Term Insurance Act No. 53 of 1998
Debtor Collectors Act No. 114 of 1998 Skills Development Levies Act No. 9 of 1999
Employment Equity Act No. 55 of 1998 Skills Development Act No. 97 of 1998
Finance Act No. 35 of 2000 Stamp Duties Act No. 77 of 1968
Financial Services Board Act No. 97 of 1990
Stock Exchange Control Act No. 1 of 1985
Financial Relations Act No. 65 of 1976 Tax on Retirement Funds Act No. 38 of 1996
Harmful Business Practices Act No. 23 of 1999
Trade Marks Act No. 194 of 1993
Income Tax Act No. 95 of 1967
Unemployment Contributions Act No. 4 of 2002
Insolvency Act No. 24 of 1936 Unemployment Insurance Act No. 63 of 2001
Insurance Act No 27 of 1943 Usury Act No 73 of 1968
Value Added Tax Act No. 89 of 1991