Welcome to the web site of Cape Point Group Pty Ltd (Reg: 2021 / 816690 / 07) t/a (“Anytime Fitness South Africa”). Anytime Fitness is pleased to make the web site located at www.anytimefitness.co.za (the “Site”) available for your use and benefit. Use of the Site is subject to the Terms and Conditions set forth below. Use of the Site is strictly voluntary. If you do not agree to these Terms and Conditions, you may not use the Site.

These Terms and Conditions apply to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with Anytime Fitness, unless otherwise directed by Anytime Fitness. If you breach any of these Terms and Conditions, your authorization to use the Site automatically terminates and you must immediately discontinue use of the Site.

Collection of Visitor Information on this Site

More information on the processing of information collected at the Site can be found in our www.anytimefitness.co.za/privacy/ unless otherwise stated. To access and use certain services available through the Site, you may be required to register with Anytime Fitness through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

Copyright

All content, software, and technology included on the Site or used in the operation of the Site is the owned or licensed property of Anytime Fitness or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Anytime Fitness and protected by U.S. and international copyright laws.  Anytime Fitness grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, reverse engineering, display, or performance, of the content, software, and technology on the Sites is strictly prohibited.

Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of Anytime Fitness and others. Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Site without the prior written permission of the Trademark owner. Other product and company names mentioned in the Site may be the Trademarks of their respective owners.

Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on the Site or used in the operation of the Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Anytime Fitness. Any use of these rights without the prior written permission of Anytime Fitness is strictly prohibited.

Disclaimer of Warranties

THE SITES AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.  ANYTIME FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. ANYTIME FITNESS MAKES NO REPRESENTATION THAT THE SITES OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. ANYTIME FITNESS MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS AND CONDITIONS OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITES WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITES.

3-Day Free Trial

“Try us for free*” and or “3-day free trial”. These offers are available at participating clubs only. Try us for free is valid up to a maximum of 3 consecutive days.

Offer valid for first time guests who are local residents or workers 18 years & older only, (photo ID required). Offer subject to satisfactory completion of pre-exercise screening & to standard temporary/guest membership terms. Not valid with any other offers. Not redeemable for cash. Not transferrable. Only valid at participating clubs. Limit 1 offer per person. Where the trial pass permits use outside staffed hours, a refundable deposit may be payable for an access card. Further provisions may apply. Contact the participating club for details. The 7-day trial can only be used during staffed hours, you will not be issued a 24 hour access tag.

No cash value; may not be sold. Not valid with any other offer. Personal information of guests will be managed in accordance with the Anytime Fitness privacy statement.

Prohibited Activities and Visitor Obligations

As a visitor or user of the Site you shall not:

• violate any applicable law or regulation;
• upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
• Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
• impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
• engage in any activities or manipulate identifying material to misrepresent the origin of content;
• Post any content that is subject to any disclosure restrictions;
• Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
• Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
• Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
• interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;
• disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
• disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
• use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without Anytime Fitness’s prior, express, and written permission; or
• use the Site for commercial purposes.

You are solely responsible for the Post of any content that you make available on or send through the Site (“User Content”). In addition to the rights granted to Anytime Fitness elsewhere in these Terms and Conditions, you hereby grant Anytime Fitness the irrevocable right to copy and use User Content in connection with the Site and for the purposes related to your Post of the User Content. Although Anytime Fitness has no obligation to screen, edit or monitor any of the User Content or user conduct on the Site, Anytime Fitness reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Site at any time and for any reason without notice. Your User Content may be available on the Site for a limited period of time, as determined by Anytime Fitness in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By the Post of User Content to the Sites, you represent and warrant that (a) the User Content is non-confidential is not subject to disclosure restrictions under any applicable data privacy laws or regulations or any other laws; (b) you have all necessary rights to Post the User Content to the Sites and to grant the rights to Anytime Fitness you grant in these Terms and Conditions; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Site, does not and will not violate these Terms and Conditions or any applicable local, state, national or international statute, regulation, or law.

Links to Other Web Sites

The Site may contain links to other web sites. Additionally, other web sites may contain links to the Site. Anytime Fitness does not review or monitor the web sites linked to the Site and Anytime Fitness is not responsible for the content or policies of any other web sites. Any link established by Anytime Fitness does not constitute an endorsement of the other web sites or create a relationship between Anytime Fitness and the operators of other web sites. Anytime Fitness disclaims any liability with respect to your use of any other web site, and you release Anytime Fitness from any liability related to your use of any link to another web site or your use of any other web site. Where the Sites contains a link to another web site owned and/or operated by Anytime Fitness, such web site use may be subject to different and additional terms of use and subject to different and additional privacy policies.

Changes to Terms and Conditions

Anytime Fitness may revise these Terms and Conditions at any time without notice. Any use of the Site following the date on which changes to these Terms and Conditions are published on the Site shall be subject to the changed Terms and Conditions.

Continued Operation, Accessibility, and Maintenance of this Site

Anytime Fitness may modify, change, suspend, terminate or discontinue the operation of the Site or the provision of any services without notice and Anytime Fitness reserves the right to refuse service to anyone at any time, with or without cause.

Your Account

If you are a registered user of the Site, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and any other devices through which you may access the Site. You agree to accept full responsibility for all activities that occur under your account or password. Anytime Fitness reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

General Provisions

Any failure by Anytime Fitness to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or the right to enforce same.

If any portion of these Terms and Conditions is held to be invalid, such holding shall not invalidate the other provisions of these Terms and Conditions.

You are responsible for compliance with applicable laws.

Contact

For questions or comments related to the Sites or these Terms and Conditions, please email us at info@anytimefitness.co.za

Country Specific Provisions

Limitation of Liability

IN NO EVENT SHALL EITHER ANYTIME FITNESS OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Under no circumstances whatsoever shall Anytime Fitness’s aggregate liability resulting from or relating to your use of the Site exceed 60 Rand (R60.00).