South Africa
+27 (0) 72 850 9567
info@actualise.co.za

Terms & Conditions

Your full potential is at hand.

SECTION 1: TERMS & CONDITIONS

  1. Detailed description of goods and/or services 

Actualise Wellness Solutions, hereafter referred to as Actualise, is a business in the Health and Wellness industry that provides premium goods and services related to holistic well-being, human development, and human optimization, albeit coaching, consulting, or product provision.

  1. Delivery policy (on goods) 

Subject to availability and receipt of payment, requests will be processed within 7 days and delivery will be confirmed by the tracking number for products (utilizing The Courier Guy and/or other courier services depending on the product purchased). Delivery costs are included for purchases amounting to less than R2999. FREE delivery on purchases over R3000. You will receive a unique Actualise booking number for service-related purchases.

  1. Export restriction (on goods) 

The product offering on this website is available to South African clients only. For requests outside of South Africa, please contact info@actualise.co.za with the subject line “Intemational Product Request”.

  1. Return and Refunds policy (on goods) 
    1. The provision of goods and services by Actualise is subject to availability. In cases of unavailability, Actualise will refund the client in full within 30 days. Cancellation of orders by the client will attract a 20% administration fee.
    2. Damaged goods may be returned within 7 working days for goods in full working condition/undamaged (this is only relevant where damage means goods may not be used at all – to be assessed upon return of good/s).
    3. Herbalife products may be returned within 30 working days for a full refund if you are dissatisfied with any of the products (not the results). All other products may be returned within 7 working days for an 80% refund on the purchase price (excluding delivery fee).
  2. Customer Privacy policy

Actualise Wellness Solutions 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 Promotion of Access to Information Act 2 of 2000 (PAIA). PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

  1. Payment options accepted

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Actualise Wellness Solutions’ bank account, the details of which will be provided on request.

  1. Card acquiring and security
    1. Card transactions will be acquired for Actualise Wellness Solutions via PayFast (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy.
    2. Customer details will be stored by Actualise Wellness Solutions separately from card details which are entered by the client on PayFast’s secure site. For more detail on PayFast (a DPO Organization) refer to www.payfast.co.za.
  2. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

  1. Responsibility

Actualise Wellness Solutions takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

  1. Country of domicile

This website is governed by the laws of South Africa and Actualise Wellness Solutions chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, PO Box 5590 Meyersdal, Alberton, Gauteng South Africa 1447.

  1. Variation 

Actualise Wellness Solutions may, in its sole discretion, change this agreement or any part thereof at any time without notice.

  1. Company information 

This website is run by Actualise Wellness Solutions (Pty) Ltd. based in South Africa trading as Actualise Wellness Solutions and with registration number 2016/451146/07 and Jarryd Vincent Irvine (Managing Director) and/or Advisory Directors/Partners.

  1. Actualise Wellness Solutions contact details

Company Address: PO Box 5590 Meyersdal, Alberton, Gauteng South Africa 1447.Email: info@actualise.co.za Telephone: +27 (72) 850 9567

SECTION 2: ADDITIONAL INFORMATION ON SERVICE PROVISION AND PROCEDURES THEREOF

 

l. PURPOSE AND EXPLANATION OF PROCEDURE 

  1. I hereby acknowledge, agree and commit to engagement in an acceptable program of fitness, sports, nutrition, mental, financial or legal coaching undertaken by myself or person/s for which I am signing for.

(Please note, these services are provided by qualified individuals in their designated fields and may be subcontracted by Actualise.)

  1. I commit to a 6-month minimum engagement period unless otherwise discussed and agreed upon, and commit to paying my account timeously. This is to ensure ample time is spent to achieve expected progress in the program.
  2. Should I decide to discontinue before the end of the minimum period, I must provide 30-days written notice and settle 80% of the outstanding fees due for the remainder of the minimum period. (A change in the package will result in no penalty fees but a new order for services will need to be placed and a new 6-month minimum engagement will be set up with the relative payment structure in place.)
  3. Should I decide to complete the 6-month engagement and discontinue the services of Actualise thereafter, I understand that I need to give Actualise written notice 30-days before discontinuation. I am then liable for the final month/term’s payment due to 30-days before discontinuation. I understand that written notice one full term in advance should be given for programs engaged in on a monthly, quarterly, bi-annual or annual basis (eg. if quarterly engagement, then 3 months before discontinuation, a letter of notice is expected).
  4. I understand that there is a zero return policy for any payments made in advance in the event where any such program/service is discontinued unless an authenticated case with proof of complete negligence on account of Actualise is provided. In that case, the maximum amount payable from Actualise is 20% of the total amount paid to date for that particular program.
  5. I also give consent for myself to be placed in fitness training program activities that are recommended for improvement, these may include dietary counselling, stress management, and health/fitness education activities. The levels of exercise I perform will be based upon my cardio-respiratory (heart and lungs) and muscular fitness. I understand that I may undergo a graded exercise test before the start of my training program in order to evaluate and assess my present level of fitness and track progress over time.
  6. By enrolling either online program or otherwise in any program Actualise designed and/or implemented, I understand that I have agreed to the payment of services rendered, as well as products provided where appropriate. Upon enrolment, I am liable to pay a one-off annual membership fee per program participant of R299. Any discounts provided to me on an official Actualise quotation or invoice is only valid for the period noted upon that document. If I have not met that requirement, the full fee is due without dispute, as well as any interest on overdue accounts.
  7. My child/ren or I will be given exact instructions regarding the amount and kind of exercise I/he/she should do. A professionally trained sports coach and/or fitness trainer will provide leadership to direct my/his/her activities, monitor performance, and otherwise evaluate overall effort. Depending upon health status, I/he/she may or may not be required to have my blood pressure and heart rate evaluated during these sessions to regulate the exercise within desired limits. I understand that my child/ren’s or myself is expected to attend every session and to follow personnel guidance with regard to exercise, stress management, and other health or sports-related programs. If my child/ren’s or I am taking prescribed medications, I have informed the program personnel and further agree to inform them promptly of any changes set out by a medical practitioner.
  8. I have been informed that during my child/ren’s or my own participation in the aforementioned program I/he/she will be asked to complete the physical activities unless symptoms such as excessive fatigue, shortness of breath, chest discomfort or similar occurrences appear. At this point, I have been advised that it is my/his/her complete right to decrease or stop the exercise and that it is my/his/her obligation to inform the program personnel of my/his/her symptoms, should any develop.
  9. I understand that during the performance of the exercise, program personnel may periodically monitor performance and, perhaps measure pulse, blood pressure, or assess feelings of effort for the purposes of monitoring progress. I also understand that the programme personnel may reduce or stop my exercise programme when any of these findings indicate ceasing of the activity should be done for my child/ren’s or my own safety and benefit.
  10. I also understand that during the undertaking of the sports or exercise training programme, appropriate physical positioning and alignment of the body may be necessary to assess my muscular and bodily reactions to specific exercises, as well as to ensure correct technique is performed and body alignment is optimised. I expressly consent to the physical contact for the stated reasons above.
  11. Lastly, I consent to photographs and videos being taken during any participation in any Actualise programme or event. This may be shared on appropriate social media profiles exclusively held by Actualise unless formally stated otherwise by letter, email, or other legal documents with signatures of participant and Actualise management.
  1. ACTUALISE ALLEGIANCE TERMS & CONDITIONS 
  1. Must have completed online enrolment to join the Actualise Allegiance (click to view description page).
  2. You receive 1 point for every R10 spent on goods or services.
  3. Points balances will be available on request.
  4. Choose how you will use your rewards:
    1. Spend – this means you will be legible for point-relevant premium products that we source through the best providers. Goals are targeted for every 250 points earned which can either be used as they are received or accumulated to use on more expensive goods/services.
    2. Invest – your points are banked for a minimum of 12 months towards a future investment of yourself. See Cash-Back Bonus (CBB) section below.
  5. CBB -this fund commences from the initial achievement of 500 points. This will ideally pay out in 2 years from the date of commencement unless the following is applicable (these conditions are also applicable to clauses 6.1 and 6.2 below):
    1. Lapses in subscriptions within the last 6 months 
    2. Limited training (less than 50% of expected volume) in the last 8 weeks either circumstantial or otherwise.
  6. If the contract is terminated before the 24-month period:
    1. 50% payout of the invested amount will be paid out to contract-holder 
    2. 30% utilized for Actualise product/service/corporate development 
    3. 20% donated to a charity organization of your choice 
  7. This offering is set up in partnership with Bespoke Solutions & Wealth Associates SA (Pty) Ltd. – a registered FSP and investment portfolio management company.
  1. ONLINE/DIGITAL COMPETITION PROTOCOLS & DETAILS 
  1. Enter-To-Win Competitions (Paid):
    1. Any paid enter-to-win competitions are non-refundable – this is non-negotiable 
    2. A minimum of 20 entries are required for any individual to win such a prize 
    3. Upgrades are available at the regular rates provided on original event pages (and/or enrollment forms) 
    4. Winner/s will be announced at least one week prior to the event as per description on the competition page and/or social media posts 
    5. The decision made by the company is final 
    6. You consent by entering that your name will be shared publicly on the company’s social pages (please contact info@actualise.co.za if you wish to avoid this social media ‘hoo-ha’ and wish to remain anonymous)
  2. Social Share Competitions (Free):
    1. Submission of details:
      1. Enrollment Details are to be completed thoroughly by individual
      2. Liking/Following of the relevant social page/s as per post requirements must be done before the cutoff dates 
      3. Instructions to be followed 100% – any instructions not completed will result in immediate withdrawal as an entrant 
      4. A minimum of 100 total engagements are required, albeit likes, comments and/or shares on any or all of our social pages (Twitter, Facebook or Instagram) 
      5. Additional entries can be gained by re-sharing, re-tagging, or other methods of sharing to your network -re-submission of details is not necessary.
  1. RISKS 
  1. It is my understanding and I have been informed that there exists the remote possibility during the exercise of adverse changes including, but not limited to, abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and in very rare instances heart attack, stroke, or even death.
  2. I further understand and I have been informed that there exists the risk of bodily injury including, but not limited to, injuries to the muscles, ligaments, tendons, and joints of the body.
  3. Every effort, I have been told, will be made to minimize these occurrences by proper staff assessments of my condition before each personal fitness training session, staff supervision during exercise and by my own careful control of exercise efforts.
  4. I fully understand the risks associated with exercise, including the risk of bodily injury, heart attack, stroke or even death, but knowing these risks, it is my desire to participate as herein indicated.
  1. BENEFITS TO BE EXPECTED AND ALTERNATIVES AVAILABLE TO EXERCISE
  1. I understand that this program may or may not benefit my physical fitness or general health.
  2. I recognize that involvement in the personal fitness training sessions will allow me to learn proper ways to perform conditioning exercises, use fitness equipment and regulate physical effort. These experiences should benefit me by indicating how my physical limitations may affect my ability to perform various physical activities.
  3. I further understand that if I closely follow the programme instructions, that I will likely improve my exercise capacity and fitness level after a period of 3-6 months.
  1. CONFIDENTIALITY AND USE OF INFORMATION 
  1. I have been informed that the information that is obtained in this personal fitness training programme will be treated as privileged and confidential. This information will consequently not be released or revealed to any person, to the use of any information which is not personally identifiable with me for research and statistical purposes so long as same does not identify my person or provide facts which could lead to my identification.
  2. Any other information obtained, however, will be used only by the programme staff to evaluate my well-being status or needs.
  1. ENQUIRIES AND FREEDOM OF CONSENT 
  2. I have been given an opportunity to ask questions as to the procedures before acknowledging the consent.

SECTION 3: TERMS OF WEBSITE USE

  1. YOUR USE OF WEBSITE AND SERVICES 
    1. Welcome to www.actualise.co.za (Website). The following terms and conditions (Terms) as set out below will apply to all services provided by Actualise Wellness Solutions (Pty) Ltd., including but not limited to the Website and social media pages and any information provided by us (the Services). In these Terms, “we” “us” and “our” refers to ACTUALISE.
    2. We may change all or part of the Terms at any time. If we do, the new Terms will be posted on the Website. Your subsequent or continued use of the Services will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Services.
    3. By using our Services, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Services with legal parental or guardian consent. However, in order to access some of the Services, such as the ezine, you must provide us with your personal details and confirm you are over the age of 18. We reserve the right to implement restricted access and age verification mechanisms as we deem appropriate.
    4. You may not use the Services:
      1. in breach of any applicable laws or regulations; 
      2. to transmit (or authorise the transmission of) junk mail, chain letters, unsolicited emails, instant messaging, or spam; 
      3. to impersonate any person or entity; 
      4. to solicit money, passwords or personal information from any person; 
      5. to harm, abuse, harass, stalk, threaten or otherwise offend others; or
      6. for any unlawful purpose.
    5. We do not represent or warrant that our Website or any content complies with the laws of any country outside South Africa. If you reside outside Africa please feel free to read and enjoy our Services, however, you do so at your own risk.
  2. SUBSCRIPTION TO OUR COMMUNITY
    1. To sign up for our community, you must provide certain information as set out on our subscription page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide when you subscribe.
    2. We will make offers to you to attend webinars, events or to purchase products from our contributors. When you sign up to our community you will be given the opportunity to opt-in to receive these offers. If you choose to receive these offers and later change your mind, you may unsubscribe by clicking on the link at the bottom of the email.
  3. YOUR USE OF WEBSITE AND SERVICES – CONTRIBUTORS AND USERS
    1. You may not use the Services to (or attempt to) upload (or provide to us for uploading), post, transmit or otherwise make available any text, illustrations, photos, audio, video, or any other material (Content) that:
      1. is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person; 
      2. contains, promotes, or provides information about unlawful activities or conduct
      3. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Content that racially or religiously vilifies, incites violence or hatred or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; 
      4. includes an image or personal information of another person or persons unless you have their consent; 
      5. poses or creates a privacy or security risk to any person; 
      6. you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; or 
      7. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
    2. By uploading, transmitting, posting or otherwise making available to ACTUALISE any Content (including articles) you:
      1. grant ACTUALISE non-exclusive, worldwide, royalty-free, transferable, perpetual licence to use, reproduce, edit and exploit the Content in any form and for any purpose; 
      2. warrant that you have the right to grant the abovementioned licences; 
      3. warrant that the Content does not breach the Terms; and 
      4. unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Content.
    3. We reserve the right to review, modify, reformat, reject or remove any Content which you provide to us for publishing, upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) to us, for any reason whatsoever.
    4. We reserve the right (but have no obligation) to monitor the use of the Website and store or disclose any information that we collect, including to investigate compliance with the Terms or for any police investigation or governmental request.
    5. We are not responsible for and accept no liability concerning any Content uploaded, posted, transmitted or otherwise made available on the Website or Social Media Pages by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Content available on the Website or Social Media Pages simply by facilitating others to post, transmit or other make Content available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
  4. COOKIES AND ADVERTISING 
    1. This website contains “cookies”, which are used to optimise the efficiency of the Site for the user. A cookie is a small text file that contains information and is stored on a user’s computer when the user visits a website. Cookies are used to count the number of visitors and analyse traffic, and to assist with targeted advertising.
    2. If you as a user do not accept the use of cookies, you can change the settings in your web browser (e.g. Internet Explorer, Firefox, Safari or Google Chrome) to disable the storage of cookies and remove undesired cookies.
    3. Anonymous information about the previous webs browsing activity of your computer may be collected by advertisers and used to associate your computer with one or more pre-defined interest categories. Advertising that matches those interest categories may then be served to your computer. This interest-based advertising does not change the amount of advertising you receive, it just makes it more relevant.
  5. THIRD-PARTY WEBSITES 
    1. Our Services may link to third-party websites or social media pages which are not owned or operated by ACTUALISE. We are not responsible for the content on, and the terms and conditions pertaining to these external sites. We recommend that you investigate these sites’ own terms and conditions.
  6. LIMITATION OF LIABILITY 
    1. You acknowledge that ACTUALISE will not be subject to, nor incur, and release ACTUALISE from, any loss, claim, action, or liability for consequential loss or damage to you or any third party, including any loss of business, revenue, profits, non-delivery, conduct or things done, permitted or omitted in relation to providing of the Services including but not limited to your use of the Website.
    2. You acknowledge that to the extent permitted by law ACTUALISE’s liability is strictly limited to the provision of the Services again or the payment of the cost of having the relevant Services being provided again at the option of ACTUALISE.
    3. You acknowledge that any statement made by ACTUALISE in relation to the characteristics and potential application of the Services are made in good faith to assist you and ACTUALISE will not be bound or held to those representations whatsoever.
  7. WARRANTIES & DISCLAIMER 
    1. You acknowledge that ACTUALISE does not represent or warrant that the Services are free from:
      1. any omission, error or inaccuracy in the information provided on or through the Website, including information provided by third parties; 
      2. downtime or periods where the Website is unavailable or failure in whole or in part, of any function on the site to perform any actions; or 
      3. any unauthorised access to the Website or the information retained on the Website.
    2. The information as contained on the Website and Social Media Pages is provided on an as-is basis with no warranty express or otherwise implied relating to the accuracy, fitness for purpose, compatibility or warranty as to their security.
  8. INDEMNITY 
    1. You indemnify and will at all times keep ACTUALISE indemnified against any action, claim, suit or demand, including a claim, suit or demand for or liability to pay compensation or damages and costs or expenses arising out of or in respect of any breach or any use of the Services.
  9. INTELLECTUAL PROPERTY
    1. You acknowledge that all intellectual property of ACTUALISE such as trademarks, trade names, patents, registered designs, copyright and any other form of intellectual property rights derived from aesthetics or functionality of the Services or any other material or content created (including, but not limited to, Content written by Actualise) or provided by ACTUALISE remains the property of ACTUALISE.
    2. You warrant that you are entitled to use any intellectual property used by you in relation to the Services, including content provided to ACTUALISE to display on the Website and Social Media Pages.
    3. You indemnify and will at all times keep ACTUALISE indemnified against any action, claim, suit or demand, including a claim, suit or demand for or liability to pay compensation or damages and costs or expenses arising out of or in respect of any breach of any third party’s intellectual property rights.
    4. You must immediately notify ACTUALISE of any claim, demand, threat or notice of proceedings against you relating to any breach of intellectual property rights.
    5. If you upload photographs, audio or video recordings of yourself, you consent to give ACTUALISE the right to use these photographs and recordings in the production of ACTUALISE content. You will further allow ACTUALISE the right to use or reproduce your likeness in whole or in part for publicity or broadcast purposes as they reasonably see fit.
    6. If you upload or provide us with Content, you agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of such Content in relation to defamation, breach of copyright, infringement of trademarks or names of publication titles, unfair competition, trade practices, royalties, violation of rights or privacy. You further warrant that the Content complies with all relevant laws and regulations and that its publication will not give rise to any rights against or liabilities to us and our business partners. If you post Content or links from the Website or Social Media pages that infringe any third party rights, you will indemnify ACTUALISE against any loss, liability, damage, cost (including ACTUALISE’s reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the ACTUALISE Website or Social Media pages.
  10. PRIVACY POLICY
    1. We undertake to take all due care with any information which you may provide to us when accessing the Services. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. We do not warrant or represent that the Website or the Services will not be subject to unauthorised access.
    2. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
  11. GENERAL
    1. These Terms are the complete and conclusive statement of the agreement between you and ACTUALISE in relation to the Services provided by ACTUALISE to You. These Terms may not be varied, amended, waived, altered, supplemented, modified or added to, without the express written agreement of ACTUALISE.
    2. If any of the provisions set out in these Terms are determined to be void or unenforceable then that provision must be read down to avoid that result or if the provision cannot be read down then it must be severed and the rest of the Terms will remain in full force and affect.
    3. The failure of ACTUALISE to enforce any provision of these Terms at any time or for any period of time will not be construed to be a waiver of such provision or of the rights of ACTUALISE to enforce each and every provision of these ACTUALISE. A waiver of a power or right will be ineffective unless in writing and executed by ACTUALISE.
    4. These Terms shall take effect and be construed in all respects in accordance with the laws of the Republic of South Africa. The parties irrevocably submit to the jurisdiction of the Magistrate’s Court of the Republic of South Africa for all proceedings arising in connection with these Terms.
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