PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE, WHETHER AS A GUEST OR A REGISTERED USER. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND AGREE TO ABIDE BY THEM REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER ON THE WEBSITE, USE ANY OF OUR SERVICES OR ORDER ANY GOODS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY DOMANOGENIX (PTY) LTD TRADING AS KAY’FIT, REGISTRATION NUMBER 2020/844997/07
1. Company Name and Registration
Domanogenix (Pty) Ltd is a private company incorporated in accordance with the laws of South Africa and has been registered with the Companies and Intellectual Property Commission (CIPC) under registration number 2020/844997/07.
Domanogenix (Pty) Ltd trading as KAY’FIT will be referred to as “KAY’FIT” throughout these terms and conditions.
2. Waiver of Liability
By accessing the website you agree and expressly acknowledge that your access, use and/or engagement with any of KAY’FIT’s services is done so voluntarily and at your own risk as such services may involve dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless KAY’FIT from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any KAY’FIT service.
You understand that physical exercise and or fitness can be strenuous and subject to risk of serious injury or death. You confirm that you have obtained a physical examination from a doctor prior to participating in any exercise activity or any form of fitness training.
You certify that you are in good physical condition and have no diseases, injury or other conditions that would impair your physical and mental well being during any exercise activity.
You understand that participation in any exercise activity and or fitness training, requires that you have and maintain reasonable fitness and including strength, endurance and flexibility as well as good basic health. You agree to use your own good judgement based on your fitness and how much of the activities you wish to participate in.
3. Safety
You agree to follow all safety protocols as suggested and provided by KAY’FIT and acknowledge that Kaylan Sabbadin is an accredited instructor not medical practitioner. For all injuries, pains, illnesses and medical complications, you will need to consult with a qualified medical practitioner.
All advice shared is of an informative not medical nature.
4. Indemnification
You expressly agree to indemnify and hold KAY’FIT , its employees, directors, shareholders and suppliers harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by you or any third party in respect of your use of any KAY’FIT services or any breach of these terms.
5. Limitation of Liability
KAY’FIT will not be liable, whether as a result of a failure, act or omission or whether in contract, negligence, breach of duty or other tortious action or for pre-contract or other representations or in any other way, for any amount or kind of loss or damage that you or any third party incur which are not a direct consequence of your use of the website including without limitation any indirect, special, consequential, incidental, punitive or exemplary losses or damages, damages arising from use or loss of use, business interruption, any economic losses (including without limitation loss of revenues, profits, actual or anticipated income, contracts, business or anticipated savings) or loss of privacy or use of money or loss of or damage to information, data, goodwill or reputation of any amount or kind whatsoever that arise out of, are related to or are in connection with these terms or your use of the website and whether or not such loss or damage is foreseeable or known.
KAY’FIT shall have no liability for any defect in the website caused or contributed to by you and/or any other person using the website.
KAY’FIT shall have no liability to you for any delay in performance of this website and/or any other matters to the extent that such events and/or matters are due to any events outside KAY’FIT’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, pandemic, epidemic, governmental imposed lockdown, malicious damage, explosion, governmental actions and any other similar events.
6. Payments
*Card transactions will be acquired for KAY’FIT via Payfast ( Pty) Ltd.
*Customer details will be stored by KAY’FIT separately from card details which are entered by the client on DPO PayFasts secure site. For more detail on DPO Payfast refer to www.payfast.co.za
*The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand ( ZAR)
*KAY’FIT takes responsibility for aspects relating to the transaction including sale of services sold on this website and customer service and support.
7. Protection of the Personal Information Act
KAY’FIT shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Protection of Personal Information Act 4 of 2013 (POPIA).
You consent to the collection, processing and use of your personal information for the purpose of creating a profile and for related legal and operational reasons which may include the sharing of the personal information with KAY’FIT’s other entities, employees, agents, and affiliates both inside or outside the Republic of South Africa on condition that such information is kept confidential and the retention of such information is in line with the applicable legislation.
8. Termination of the Web and Terms
8.1 KAY’FIT shall be entitled without notice to terminate these terms at its sole and absolute discretion and reserves the right to modify or discontinue all or any part of the website and to restrict or prohibit you access to it at any time, without liability to you or any other person.
8.2 Upon termination, all rights granted to you in respect of these terms will immediately cease.
9. Amendment to Terms
9.1 KAY’FIT reserves the right to amend or modify these terms at any time and at its sole and absolute discretion without prior notice. Please ensure you review our terms on a regular basis to ensure you have read the latest version. Your continued use of the website following changes to these terms implies that you have consented to those changes.
9.2 The terms were last updated in June 2021.
10. Governing law and jurisdiction
This Agreement shall be governed by and construed in accordance with South African law. Disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the South African courts although we retain the right to bring proceedings against you for breach of the Agreement in your country of residence or any other relevant country.
