1.            Introduction

These are the general terms of the relationship between:

  • you – the website visitor

  • and us – Viken Fit (Pty) Ltd (Registration number 2020/593223/07), also known as Viken Fit, with offices located at 2nd Floor Rivonia Village, Cnr Mutual Road & Rivonia Boulevard, Rivonia, Gauteng, 2191, South Africa – the website owner.

The terms cover any use of the website. You agree to be legally bound by the terms by visiting and using this website. Please do not use the website if you do not agree to the terms. We respect your privacy and you can read our privacy notice.

2.            Definitions and interpretation

2.1.         Definitions. In the agreement:

content means any comments, information, videos, photographs, ideas, concepts, reviews, techniques, or any other material contained in any communication that you may post, upload, or submit to the website.

terms mean the terms, consisting of:

  • these website terms; and

  • any other relevant specific terms, policies, disclaimers, rules, and notices agreed to between the parties, (including any that may be applicable to a specific section or module of the website)

website means:

  • our website found at com,

  • any relevant mobile applications, and

  • any other channels on third-party platforms;

we, us, or our means our organisation, the owner of the website and includes our officers, agents, employees, owners, co-branders, and associates where the terms limit or exclude our liability; and

you or your means any visitor to this website, including any other person, website, business, or agent (including any virtual or robotic agent) associated with the visitor.

2.2.         Interpretation. If the meaning of any general terms conflicts with any other relevant specific terms, the specific terms will apply. Specific terms, such as our competition terms or privacy policy apply to specific sections of the website or have been specifically agreed between you and us.

3.            Capacity

You promise that you are entitled to visit this website and agree to the terms because you:

  • are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or

  • are not 18 yet, but at least 13 and have permission from your parent (or legal guardian) to do so.

4.            Use of this website

4.1.         Right to use the website. We grant you a right to use this website on these terms. We may cancel your right at any time for any reason. If you use this website in a way that these terms do not allow, your right is automatically cancelled. You give us permission to monitor how you use the website and services for compliance, security and stability purposes.

4.2.         Your general use of the website. You agree that you will only use the website in terms of our acceptable use policy, which may include commenting on and uploading content. You also agree that our records are undisputed evidence of your use of the website and the services provided to you.

4.3.         Your use of social media platforms. Where we share content on social media platforms, you will use those social media platforms in accordance with these terms and any other terms that those social media platforms impose on you.

4.4.         Personal information. You acknowledge and agree that as part of you using the website, we may process your personal information. We will only process your personal information in terms of our privacy notice, and any specific privacy terms contained in any other terms that we agree on.

4.5.         Accurate information. You promise that you will only give accurate information to us and on the website. You will also only give us information that you are authorised or entitled to share with us. We do not guarantee that the content on the website is accurate or complete.

4.6.         Registering or creating an account. Where we require you to register or create an account, you agree to:

  • accurately provide us with any information that we ask for;

  • create or have the necessary credentials (such as a username and password) assigned you;

  • look after your credentials and not give them to anyone else; and

  • be responsible for any activity that happens under your account, even if someone else was actually acting under your credentials.

4.7.         Connectivity and devices in working order. You agree that it is your responsibility to obtain the right device (such as a cell phone, desktop computer, or laptop computer), which is also in working order. It will also be your responsibility to establish and maintain a connection to the website.

4.8.         Intercepting communications. You acknowledge that there may be instances where we have access to your communications, including when you post a comment or respond to other users or visitors of the website or social media platforms. Where this amounts to an interception of communications under the law, you consent to such interception if the law allows it.

4.9.         Framing and linking. You may not frame this website or any of its pages. You may only link to the home page of this website. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property, unless we have given you written permission to do so.

4.10.      Virtual agents. You may not use any technology (including spiders, crawlers, bots, and similar virtual agents) to search or gain any information from this website, unless we have given you permission to do so.

4.11.      Suspension or cancellation of right. We may immediately suspend, cancel your right, or block you from using the website or any social media platform, claim specific performance or damages against you, and take any other steps the law allows, without affecting our rights, if:

  • you breach any of the terms or infringe any other person’s rights (including copyright)

  • we decide that your use poses a security threat to us or another user other than you; or

  • we believe you are using the website for an illegal purpose.

5.            Content

5.1.         Our content. We own our content. We grant you a limited non-transferrable right to access and use our content. You may not copy, reproduce, aggregated, republish, upload, posted, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit it for any commercial purpose, unless we expressly give you permission. We do not guarantee that the content on the website is accurate, complete, or up to date.

5.2.         Your content. There may be opportunities for you to contribute content to the website (for example posting, commenting, and providing reviews). In such instances, you grant us a perpetual, royalty-free, irrevocable license to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute, and otherwise exploit any or all portions of that content in any manner and media and by means of any technology. You agree that you are solely responsible for any content that you contribute, and that you will ensure that it complies with our relevant policies and guidelines.

5.3.         Please note:

  • Your content may be viewed by other users on the site, and they may be able to see that you have posted it.

  • We reserve the right to review your content at any time to ensure that it complies with our policies and the following guidelines:

    • It does not amount to ‘hate speech’, or insults, threatens, defames, harasses, bullies or unfairly discriminates against any person or group (for example on the basis of belief, race, sexuality or gender).

    • It is not obscene, sexually explicit, or violent.

    • It is unlawful content.

    • It is spam, marketing messages, viruses, or similar content.

  • We do not provide any warranties, guarantees, or indemnities for any content contributed by users of the website.

5.4.         Sending us another person’s content. Do not send or copy any writing or other content by someone else, unless you have their written permission, or it is subject to fair use.

5.5.         Removing content. We reserve the right to remove any content on the website, without giving you any reasons.

6.            Intellectual property

6.1.         Ownership. Except as provided to the contrary in the agreement, all rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website are our sole property or will vest in us or a third-party licensor. All moral rights are reserved.

6.2.         Copyright in content you upload. You always own the copyright in your original content that you send us, unless we agree otherwise in writing.

6.3.         Rights you give us. By sending us content, you give us a right (permission) to publish the content on the website and on any other platform anywhere in the world, for free. The right includes giving us the right to publish the content as part of our digital and print publications, anthologies or booklets in association with a digital or print publishing partner, for free. If your content is included in our print publication, we will endeavour to provide you with a copy of the content at no cost. In order to do so, we must have your latest contact details.

6.4.         Trademarks. Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without our permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.

6.5.         Restrictions. Except as expressly permitted under the agreement, the website may not be:

  • modified or used to make derivative works;

  • rented, leased, loaned, sold or assigned;

  • reverse engineered or copied; or

  • reproduced or distributed.

7.            Limits to our liability

7.1.         Own risk. We provide the website “as is”. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defects, errors, malicious software or infringing content, or that you will have uninterrupted use of it.

7.2.         Indemnity. You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your access to or use of this website.

7.3.         Faults. We will do our best to fix any fault in this website as soon as reasonably practical after we discover it. This is the limit of our responsibility and liability for any fault in the website.

7.4.         Direct damages limited. If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is the is the total amount of fees you have paid us in the preceding 3 months for the services related to the claim . This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.

7.5.         Indirect damages. We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.

7.6.         Other websites. We may, for your convenience, include links to other websites outside of our control. We are not responsible for anyone else’s website.

8.            General

8.1.         Information, complaints and questions

  • You may have rights under laws such as the Consumer Protection Act, the Promotion of Access to Information Act, and the Protection of Personal Information Act in relation to your use of the website.

  • Please send any complaints, requests, or questions to us by email to support@vikenfit.com, or by letter to our address.

  • We are a small organisation and will attempt to respond as soon as possible. We ask you to please be patient.

8.2.         Entire agreement. The terms are the entire agreement between the parties on the subject.

8.3.         Changes to website. We may change or discontinue the website without notice to you. You agree that we are not responsible for any consequences that you may suffer as a result.

8.4.         Availability. We will do our best to make the website available at all times, however we cannot guarantee that it will always be available and accept no liability for any resulting loss or consequences. We may occasionally make it unavailable in order to conduct scheduled or emergency maintenance.

8.5.         Changes to terms. We may change the terms at any time by placing a notice on this website or updating this web page. If you do not agree with the change, you must stop using this website or the changed terms will apply to you.

8.6.         Facts about website. If an authorised administrator of this website signs a letter confirming any fact related to the website, that letter is conclusive proof of its contents. These may include the version of the terms that apply to any dispute, or what content or functions the website had at a particular time or date.

8.7.         Waiver. We never waive (give up) our rights, even if we allow you any favour or extension of time, or we delay enforcing our rights against you.

8.8.         Severability. Any term that is invalid, illegal, or cannot be enforced must be regarded as deleted. The remaining terms continue as intended.

8.9.         Law and jurisdiction. South African law and conditions (such as time and date) govern the terms. Only the South African courts may decide any dispute about the terms.