Terms & Conditions

Last Updated: 3 April 2019

 

  1. Preamble:
    • The terms and conditions set forth below apply to the procurement of the Services, use of the Programme, each order and purchase of the Products from Hudson Enterprises, and the use of the Website and the App.
    • For your convenience, certain terms and phrases have been defined, and you will find those defined terms and phrases at the end of these Terms and Conditions.
    • Please note that the provisions of these Terms and Conditions that appear in bold relate to issues which may pose some risk for you or which may limit Hudson Enterprises’ liability or which you may not ordinarily expect. Your attention is drawn to these provisions because they are important and should be carefully noted. By procuring the Services, using the Programme and/or purchasing the Products you, in addition to accepting all the terms of these Terms and Conditions, also specifically signify that you understand the provisions printed in bold and accept such provisions.
  1. Agreement:

You agree to be bound by these Terms and Conditions by:

    • submitting your application form for the Services together with proof of payment to Hudson Enterprises;
    • using the Programme;
    • ordering and purchasing the Products from Hudson Enterprises; or
    • accessing or using the Website or the App.
  1. Applications:
    • You acknowledge that in order to receive the Services, you will be required to complete the online application form on the Website.
    • Hudson Enterprises will have the right in its sole and unfettered discretion to reject any application if such application is incomplete, the information which is recorded in your application form is inaccurate or misleading or if payment of the fee for the service selected by you has not been received.
    • Once your application and payment are received, Hudson Enterprises will notify you whether it accepts your application to receive the Services.
    • By submitting your application to Hudson Enterprises, you warrant that you are 18 years of age or older and of full legal capacity or acting with the supervision and consent of a parent or legal guardian. If your parent or legal guardian supervises you and gives his consent, then such person agrees to be bound by these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    • You must notify Hudson Enterprises immediately should any information which is recorded in your application form change and you warrant that the information will remain accurate for the duration of your access to the Services or use of the Programme.
  1. Coaching Services:
    • Prior to participating in any program, workout, training, course, activity, exercise, diet, or use of any program, workout, exercise or regimen suggested by Hudson Enterprises, or if you have any questions regarding a medical condition, you shall seek the advice of your physician and other qualified health professionals. You understand that the exercises and programs suggested by, or discussed with, Hudson Enterprises can be strenuous and should be scaled or done in moderation. There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. Application or reliance on the techniques, advice, ideas, and suggestions of Hudson Enterprises are at your sole discretion and risk.
    • The Coaching Services are provided remotely and online unless otherwise agreed to between you and Hudson Enterprises.
    • The Coaching Services shall be provided on a monthly basis and shall begin on the date on which your application is accepted and payment of the first month’s fee is made and shall continue unless terminated by Hudson Enterprises in terms of clause 7 or on one calendar month’s written notice by either Party.
    • The fees for the Coaching Services will be as quoted on the Website, promotional literature or as agreed between you and Hudson Enterprises in writing.
    • All fees for the Coaching Services shall be due and payable monthly in advance on or before the first day of each month.
    • All fees shall be subject to an annual escalation rate of 10% unless otherwise agreed between you and Hudson Enterprises in writing.
    • You will pay all amounts due for the Coaching Services by credit card or electronic funds transfer facilitated by Hudson Enterprises’ chosen payment processing services provider, PayFast (Pty) Ltd, into a bank account nominated by Hudson Enterprises in writing for that purpose.
  1. Participation in the Challenges:
    • Hudson Enterprises will determine and publish on the Website the dates on which a Challenge will commence and conclude as well as the fee for entering the Challenge. Hudson Enterprises cannot accommodate individual requests for the commencement and conclusion of a Challenge on dates outside of the dates determined by it for the commencement and conclusion of such Challenge.
    • The deadline for the submission of application forms for participation in a Challenge and payment of the fees will be determined by Hudson Enterprises from time to time and published on the Website.
    • Hudson Enterprises will have the right in its sole and unfettered discretion to reject any application if such application is incomplete, the information which is recorded in your application form is inaccurate or misleading or if payment of the fee has not been received in accordance with clause 5.2.
    • No application will be accepted, on any terms, after the date stipulated for the closing of applications, except in unexpected or unforeseen circumstances as determined in the discretion of Hudson Enterprises from time to time.
    • If your application to participate in the Challenge has been accepted and payment of the fee has been received by Hudson Enterprises, Hudson Enterprises will send the Programme for the duration of the Challenge to you one week before the date stipulated as the commencement of the Challenge.
    • Hudson Enterprises may cancel or postpone the commencement of a Challenge as it considers appropriate. A postponed Challenge is cancelled if it is not held within 14 calendar days of the date of the original date of commencement of the Challenge. If the Challenge is cancelled, Hudson Enterprises will refund to you any amount paid by you in advance.
  1. Photo Submission Guidelines for the Challenges:
    • It is not compulsory to take “Before and After” photographs in order to enter into and participate in the Challenges.
    • In taking progress photographs you must:
      • take your “Before” photographs before the date stipulated as the commencement of the Challenge;
      • not delete any of the photographs you take;
      • take the photographs in the same circumstances and lighting (ie standing in front of your bedroom wall at 07h00 on Monday) and stand in the same stance for each photograph;
      • show as much of your physique as possible by wearing shorts or underwear and sports bra or bikini;
      • take a full body length photograph, preferably against a solid white background;
      • stand straight-on for the front view photograph in a natural stance (not posing or flexing), with your arms at your side or with slightly bent elbows and your feet placed together;
      • include the front page of a newspaper with the font clearly visible, in order to verify the date that the photographs are taken. It is not a requirement to include the front page of a newspaper for the photograph of your back, but your back view photograph must still be taken on the same day as your front view photograph; and
      • submit your photographs via the App or email to Hudson Enterprises and retain the original photographs for future reference.
    • We recommend you shave and use self or fake tan in your “After” photographs in order to highlight your improved physique.
    • Hudson Enterprises reserves the right to use your progress photographs for promotional and advertising purposes.
  1. Suspension or Termination of the Services:
    • Hudson Enterprises will have the right in its sole and unfettered discretion to immediately suspend or terminate the Services for any reason, including, without limitation, if you:
      • do not pay the fees or any other amount due to Hudson Enterprises in terms of these Terms and Conditions on the due date for payment;
      • are not physically or mentally fit to exercise;
      • send improper, scandalous, defamatory or obscene photographs;
      • fail to comply with deadlines of the Challenges;
      • engage in conduct which would have a detrimental or negative effect on Hudson Enterprises or its proprietor, officers or employees,

in which event your right to receive the Services and/or use the Programme will be suspended or terminated, as the case may be.

    • If the Services are terminated by Hudson Enterprises, it will have the right to retain all amounts paid by you as at the date of termination.
    • You may suspend your participation in the Challenges in the event of injury or illness that prevents you from participating in the Challenges by giving Hudson Enterprises written notice together with a medical certificate, in which case Hudson Enterprises may disqualify you from participating in the Challenges.
    • You may, for any reason, terminate your participation in the Challenges prior to the date specified by Hudson Enterprises for the termination of the Challenge by giving Hudson Enterprises written notice of your intention to do so. Any notice by you to terminate the Services must be sent to andrew@mybestbody.co.za
    • If you terminate your participation in the Challenges:
      • prior to the date stipulated as the commencement of the Challenge or within 30 calendar days thereafter, you will receive a full refund of any amount paid by you; or
      • at any time after the expiry of the 30 calendar day period contemplated in clause 7.5.1 above, you forfeit all amounts paid by you as at the date of termination.
  1. Sale of the Products:
    • Hudson Enterprises will signify its acceptance of your order for the Products upon receipt of payment of the purchase price for the Products.
    • You may not cancel an order after receipt of payment of the purchase price for the Products by Hudson Enterprises.
    • You acknowledge that stock of all the Products on offer is limited. Hudson Enterprises will take reasonable steps to monitor the stock levels of the Products and ensure that when stock is no longer available, that offers thereof are discontinued on the Website.
    • You will pay all amounts due for the Products by credit card or electronic funds transfer facilitated by Hudson Enterprises’ chosen payment processing services provider, PayFast (Pty) Ltd, into a bank account nominated by Hudson Enterprises for that purpose. Hudson Enterprises will not accept your order if payment in full has not been received.
    • Hudson Enterprises will deliver the Products to you via courier once payment in full is received. Some of the Products may carry additional delivery fees, which additional fees are included in the delivery cost upon checkout.
    • Where Hudson Enterprises accepts your order for the Products, it will deliver the Products to you as soon as reasonably possible.
    • The Products sold by Hudson Enterprises are sold “as is”, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
  1. Returns and Refunds:
    • To be eligible for a return, the Product purchased must be unused and in the same condition that you received it, including in the original packaging, and must be returned within 10 days after delivery.
    • To complete your return, you must submit proof of purchase and your reference number.
    • Once your return is received and inspected, Hudson Enterprises will notify you whether it approves or rejects your request for a refund.
    • If your request for a refund is approved, your refund will be processed and a credit will be applied to your credit card or original method of payment within 5 days.
    • If you need to exchange a Product for the same item in a different size or for a similar item at the same price, please send an email to admin@mybestbody.co.za
    • If you receive a refund, the cost of return shipping will be deducted from your refund.
  1. Changes in Price of the Products:
  2. Hudson Enterprises reserves the right to increase the purchase price for the Products by a reasonable margin from time to time.

  3. Privacy Policy:
    • In submitting your application form to procure the Services or purchasing the Products, Hudson Enterprises will come into possession of information pertaining to you.
    • Hudson Enterprises undertakes to use appropriate commercial endeavours to, but cannot guarantee that it will, store your personal information securely to maintain its confidentiality, prevent unauthorised access, maintain data accuracy, and ensure the correct use of your personal information.
    • You acknowledge and consent to your information being disclosed to any third party for the purposes of you procuring the Services, receiving training and nutrition guidance from Hudson Enterprises, purchasing the Products, procuring related services or for any other lawful purpose.
    • Hudson Enterprises may use and disclose your personal information to contact you from time to time relating to promotions and offers and to send you notifications regarding the Services and the Products, to aggregate statistics and data about the use of the Website or the App and/or to customise Hudson Enterprises’ content and services, by the aggregation of your personal information with other people’s personal information to create and disseminate, as Hudson Enterprises considers appropriate, as aggregated data without specific identification or your unique personal data, and by the transfer of your personal information about the use of the Website or the App to its advertising partners or other third parties.
    • You also acknowledge and consent to Hudson Enterprises disclosing your information to any insurer, applicable regulator or other interested party in the event that there is any complaint, dispute, conflict, loss, damage, death or injury arising from your procurement of the Services, use of the Programme or purchase of the Products.
    • Insofar as it is permissible in law, Hudson Enterprises will hold that information as its own and will be entitled to disclose it to such third parties as it deems appropriate.
    • Hudson Enterprises undertakes to, but cannot guarantee that it will, ensure that its advertising partners and other third parties receive and collect information in accordance with the laws which regulate the protection of personal information.
    • You warrant and guarantee that all information supplied to Hudson Enterprises is true and correct.
    • Should any information which you have supplied to Hudson Enterprises change, you must Hudson Enterprises of the change immediately in writing to admin@mybestbody.co.za
    • You may at any time on written notice to Hudson Enterprises, require that it does not use your personal information in any manner that you do not consent to as contemplated in these Terms and Conditions, in which case Hudson Enterprises will not do so, but in which case Hudson Enterprises may, on the basis of operational requirements, prohibit your procurement of the Services or use of the Programme, the Website or the App.
  1. Copyright:
    • The Website, the App, the Programme and all of the content thereof is copyright of Hudson Enterprises.
    • Any redistribution or reproduction of the whole or a part of the contents of the Website, the App or the Programme in any form is prohibited.
    • You may not, without the express written permission of Hudson Enterprises, distribute, transmit, store or commercially exploit the contents of the Website, the App or the Programme.
  1. Licence to Use:
    • Subject to your compliance with these Terms and Conditions, Hudson Enterprises grants to you a revocable, personal, non-exclusive licence to use the Programme purchased by or for you, exclusively in the manner recorded in these Terms and Conditions.
    • You will not be entitled to sub-licence, assign or transfer the licence referred to above in any way, either in whole or in part, to any third party, for whatsoever reason.
    • All right, title, interest, ownership in and to the Programme, the trademarks of Hudson Enterprises, the Website and the App are and will remain the intellectual property of Hudson Enterprises, its merchants and other suppliers of information to Hudson Enterprises.
    • You may not reproduce, copy, republish, broadcast, publish, post, sell, transfer, display in public, upload, store, distribute, modify or adapt the Programme or any information found in the Website or the App in any way whatsoever.
    • Save for the limited licence provided in these Terms and Conditions, you acquire no other rights whatsoever in the Programme.
  1. Waiver and Indemnity:
    • You acknowledge and agree that:
      • exercise, diet and health related matters vary from person to person;
      • you will consult the appropriate health professional or physician on any matter that is related to your health and well-being before proceeding with any action relating to health-related issues, including receiving the Services, using the Programme or purchasing the Products;
      • if you have an emergency, an urgent health concern or need to obtain medical advice, you should refrain from procuring the Services and/or using the Programme or the Products and should immediately contact a health professional or physician.
      • the information contained within the Programme and on the Website or the App is intended to be general in nature, nothing contained within the Programme, the Website or the App constitutes medical advice and you should not rely on anything contained within the Programme, the Website or the App as a substitute for appropriate and timely contact with a health professional or physician;
      • should you elect to compete in any bodybuilding, fitness or such other competition (in South Africa or aboard) that you have read and/ or are familiar with the rules and regulations of the competition and agree to be bound by and abide by such rules and regulations thereof;
      • you will not change or stop any course of medical treatment without first consulting a health professional or physician; and
      • participating in an exercise or nutrition programme can cause injury, and you elect to participate in such programmes at your own risk.
    • Hudson Enterprises does not make any representations or warranties with respect to:
      • content forming part of or provided through your procurement of the Services and/or use of the Programme or the Products, the Website or the App, including without limitation training plans, nutrition plans, supplement plans, and other similar content, whether or not provided by or on behalf of Hudson Enterprises;
      • the rules and regulations of any bodybuilding, fitness or such other competition (in South Africa or aboard) nor that it is familiar with the rules or regulations of competition which you elect to compete in; and
      • its trainers and coaches, including without limitation the quality or certification levels of the trainers and coaches.
    • Interaction with Hudson Enterprises and its trainers and coaches by procuring the Services and/or using the Programme or otherwise is at your sole discretion and risk.
    • Hudson Enterprises receives data and services from sources which are not connected to it, nor subject to its control. Hudson Enterprises and the participants in its supply chain rely on internet connectivity and electronic communications, and are susceptible to all the vagaries inherent in that form of connectivity and communication. Whilst Hudson Enterprises will take reasonable steps to create a stable and accessible electronic platform by way of the Website and the App, it does not represent or warrant, whether express or implied, that the platforms or the data aggregated therein will be free of instability or error.
    • Hudson Enterprises shall not be liable for any transgression or breach by you, arising out of the use of the Program, of any of the rules or regulations of any bodybuilding, fitness or such other competition you elect to compete in or should you be disqualified from such competition.
    • You will not have any right, remedy or claim of any nature against Hudson Enterprises, its proprietor, officers and employees for any loss, damage to property (whether general, special or consequential), expense, theft, injury or death which you may suffer directly or indirectly by reason of or arising out of as a result of your procurement of the Services, use of the Programme, purchase of the Products, or use of the Website or the App.
    • You indemnify Hudson Enterprises, its proprietor, officers and employees against any claim made against Hudson Enterprises, its proprietor, officers and employees for any loss or damage suffered directly or indirectly by reason of or arising out of as a result of your procurement of the Services, use of the Programme, purchase of the Products, or use of the Website or the App.
  1. Breach:
  2. Should you breach these Terms and Conditions and remain in breach after 7 days’ written notice, then Hudson Enterprises may, in addition to all other remedies at law, to:

    • enforce the provisions of these Terms and Conditions; and/or
    • terminate these Terms and Conditions; and/or
    • in either event and in an appropriate case, recover damages.
  1. General Provisions:
    • Hudson Enterprises will be entitled to amend any provision of these Terms and Conditions from time to time without notice to you. Any amendment to these Terms and Conditions will be effective when uploaded by Hudson Enterprises to the Website and/or the App. Your continued access to or use of the Programme and/or purchase of the Products will be deemed to be your acceptance of these Terms and Conditions, as amended. It is important that you review these Terms and Conditions regularly so that you aware of any amendments.
    • Hudson Enterprises may from time to time activate temporary marketing campaigns for the Programme and/or the Products. In this event, additional terms and conditions will be disclosed to you and shall be deemed to a part of these Terms and Conditions. The obligation is therefore on you to review these Terms and Conditions at regular intervals.
    • These Terms and Conditions will apply to each order for the purchase of the Products and to each Participant.
    • You may not cede, assign or in any way alienate or encumber any of your rights and obligations in terms of these Terms and Conditions to any third party.
    • Hudson Enterprises will be entitled to cede and assign its rights and obligations in terms of these Terms and Conditions to any third party without your consent.
    • The law of the Republic of South Africa will be used in the interpretation and enforcement of these Terms and Conditions.
    • If any provision of these Terms and Conditions is found by a court to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect.
    • No failure on the part of Hudson Enterprises to exercise, and no delay by Hudson Enterprises in exercising, any right under these Terms and Conditions will operate as a waiver of that right, nor will any single or partial exercise of any right under these Terms and Conditions preclude any further or other exercise of that right nor act to the exclusion of any other right.
    • This is the sole agreement between you and Hudson Enterprises on this subject. No preceding representation, warranty, offer, invitation, term or condition proposed or settled upon shall be of any effect whatsoever save to the extent that it is recorded in this Agreement.
  1. Interpretation:
    • In these Terms and Conditions:
      • references to a statutory provision include any subordinate legislation made from time to time under that provision and include that provision as modified or re-enacted from time to time;
      • the use of the singular shall include the plural and vice versa as the context may require;
      • words importing the masculine gender include the feminine and neuter genders and vice versa;
      • the singular includes the plural and vice versa;
      • references to a “person” include a natural person, company, close corporation or any other juristic person or other corporate entity, a charity, trust, partnership, joint venture, syndicate, or any other association of persons;
      • if a definition imposes substantive rights and obligations on a Party, such rights and obligations shall be given effect to and shall be enforceable, notwithstanding that they are contained in a definition;
      • any definition, wherever it appears in these Terms and Conditions, shall bear the same meaning and apply throughout these Terms and Conditions unless otherwise stated or inconsistent with the context in which it appears;
      • if there is any conflict between any definitions in these Terms and Conditions then, for purposes of interpreting any clause of these Terms and Conditions, the definition appearing in that clause or paragraph shall prevail over any other conflicting definition appearing elsewhere in these Terms and Conditions;
      • where reference is made to a “day”, it shall be a reference to a business day, which shall be each day of the week except for Saturdays, Sundays and official gazetted public holidays in South Africa;
      • any provision in these Terms and Conditions which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms and Conditions shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written (ie pro non scripto) and severed from the balance of these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provision in any other jurisdiction;
      • any reference to VAT will be a reference to Value Added Tax, as that tax is defined in the Value Added Tax Act No. 89 of 1991, as amended, and references to any amount shall mean that amount exclusive of VAT, unless the amount expressly includes VAT;
      • the rule of construction that if general words or terms are used in association with specific words or terms which are a species of a particular genus or class, the meaning of the general words or terms shall be restricted to that same class (ie the eiusdem generis rule) shall not apply, and whenever the word “including” is used followed by specific examples, such examples shall not be interpreted so as to limit the meaning of any word or term to the same genus or class as the examples given.
    • The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions which are expressly provided to operate after any such expiration or termination, or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the relevant provisions themselves do not provide for this.
    • Each of the provisions of these Terms and Conditions has been negotiated by the Parties and drafted for the benefit of the Parties, and accordingly the rule of construction that the contract shall be interpreted against or to the disadvantage of the Party responsible for the drafting or preparation of these Terms and Conditions (ie the contra proferentem rule), shall not apply.
    • Any notice in terms of these Terms and Conditions shall be in writing. Where the notice relates to a breach of these Terms and Conditions then it shall specify the breach and call for it to be remedied within not less than 7 days of receipt of notice. Any notice shall be addressed to the addressee in at least one of the following ways:
      • by email to the addressee’s then current email address;
      • by hand to the addressee’s domicilium;
      • by hand to the addressee’s then current place of business;
      • by prepaid registered post to the addressee’s domicilium in which event it shall be deemed to have been received 96 hours after the time of its posting;
    • A Party may change its domicilium by notice at any time;
    • Where these Terms and Conditions requires a Party to use “reasonable endeavours” in relation to an act or omission, that Party shall do all such things as are or may be necessary or desirable so as to achieve that action or omission, and to the extent that the action or omission is frustrated, hindered or otherwise difficult to attain, each of the Parties will consult and co-operate with each other and continue to take action so as to achieve that action or omission until each of the Parties agrees that it is not reasonable to take the action or is  reasonable to omit taking the action, provided that any actions or omissions required to be taken:
      • shall at all times be commercially reasonable as regards all the Parties;
      • shall not be such as to result in a breach of a fiduciary duty or contravention of any Applicable Law; and
      • shall not be construed as requiring a Party to take any step other than one which a prudent, determined and reasonable business person, acting in its own interests and desiring to achieve that result, would in that circumstance undertake.
  1. Definitions:
    • the App: the Hudson Enterprises mobile web-based computer application, software and other components used in the procurement of the Services.
    • the Challenges: a body transformation challenge offered by Hudson Enterprises during a fixed period determined by Hudson Enterprises from time to time, including coaching, training or similar services rendered by Hudson Enterprises via the App using the Programme, and a reference to “the Challenge” will have a corresponding meaning.
    • Coaching Services: the coaching, training or similar services offered by Hudson Enterprises, which may include but is not limited to providing personalised workout, nutrition, training and online accountability services or similar services.
    • Hudson Enterprises: Hudson Enterprises Proprietary Limited, a company registered in the Republic of South Africa with registration no. 2018/063732/07.
    • Participant: a person accessing or using the Website or the App to procure the Services, use the Programme and/or purchase the Products, as the context dictates, and reference to “you” and/or “your” will have a corresponding meaning.
    • Parties: Hudson Enterprises and the Participant, and a reference to “Party” will be a reference to one of them as the context dictates.
    • the Products: including without limitation the Programme, clothing apparel, accessories and supplements available for purchase by Participants from Hudson Enterprises on the Website.
    • the Programme: including without limitation training plans, nutrition plans, supplement plans, and other similar content developed by Hudson Enterprises from time to time.
    • the Services: the Coaching Services and the Challenges rendered  by Hudson Enterprises via the App using the Programme, or such other similar services determined by Hudson Enterprises from time to time.
    • these Terms and
      Conditions:  the terms and conditions recorded in this document regulating the contractual relationship between you and Hudson Enterprises  the Website: the website domain, software and other components used in the procurement of the Services and/or purchase of the Products.
  1. Contact Us:

    If you have any questions or comments about these Terms and Conditions, please contact Hudson Enterprises via the Website or via email on admin@mybestbody.co.za