Terms and conditions

Streamgym is a service provided by Streamgym and is the intellectual property of Mobile Minded B.V. The service must not be used to intentionally engage in illicit conduct or to knowingly infringe copyright laws applicable. Mobile Minded B.V. has the right to terminate the user’s use of this service upon infringement of the terms and conditions. Streamgym is a Subscription Service charged at R5/day Subscribers will be able to access unlimited content for as long a s the subscription remains valid.

Network data charges will be applied together with the subscription costs.

When subscribing, customer will receive a Welcome SMS, which you need to save as it contains the link to the content page of Streamgym

In order to unsubscribe, follow the unsub link sent in the welcome message, alternatively unsubscribe from the content portal.

Mobile Minded B.V. has the right to take down the service should they receive notice from any authority to do so.

By using the service you agree to have the billpayer's permission to register and also agree to the Terms and Conditions on behalf of yourself and/or the billpayer

1. ACCEPTANCE OF THE TERMS AND CONDITIONS

Mobile Minded with headquarters at Meander 251, 6825 MC Arnhem, the Netherlands, www.streamgym.today,(hereinafter referred to as "Provider", "we", "us" or "our") provides premium courses and other services to optimize mobile devices. These services are available as browser-based applications and as home applications for iOS and Android devices ("Services"). By visiting the website or the corresponding WAP pages ("Sites") and/or registering for the Service, you accept that you are entering into a binding contract with us, which is covered by our General Terms and Conditions and Privacy Policy.

Please take the time to read and understand our General Terms and Conditions. By subscribing you give explicit consent to receive transactional and promotional messages related to the service on the subscribed mobile number. If you do not agree to the Terms and Conditions and/or Privacy Policy, please do not use our website or any of our services.

The General Terms and Conditions and the Privacy Policy are updated from time to time. These changes are part of the General Terms and Conditions, even if you do not reuse the website. You are responsible for familiarizing yourself with any changes and modifications to the General Terms and Conditions and the Privacy Policy.

2. ACCESS AND AVAILABILITY

Full access to the service is provided by a paid subscription, which can be booked for various periods and is automatically renewed if not terminated. We grant our subscribers full access to the content as long as they have an active subscription.

Fees are due at the time of purchase of the Subscription, regardless of whether you use the Service; the consideration for the fees is the provision of the right to download, receive, and access the Content.

By subscribing, you agree to make all fees, charges, network fees or other payments on time.

The Service is provided "as is" and "subject to availability" at the time of use and the Provider accepts no liability and offers no guarantee as to whether the personal settings, information, and messages will be saved (for time), deleted, or incorrectly transmitted.

To get the most out of our service, you must have the necessary mobile communication model, which means basic Internet access. Some wireless applications are only available for a selected number of mobile devices. This is a manufacturer issue and is beyond the control of the Provider. To avoid disappointment, we would like to ask you to check the compatibility of the device before registering.

You are responsible for ensuring that your equipment and/or software does not interfere with the functions of the Provider. Any malfunctions caused by equipment or software will be immediately disconnected from the service, and the Provider has the right to terminate the contract without notice or suspend the service.

3. FEES

Streamgym is a Subscription Service charged at R5/day. You will be charged for full access to the service.

Subscriptions purchased through our website are charged through the cell phone bill of the mobile operator of your network. Separate short message charges from your mobile service provider may apply.

4. CHANGES TO THE SERVICE

We reserve the right to update, suspend, or terminate the Service at any time without prior notice. You acknowledge that we will not be liable to you or to anyone else for any modification, suspension, or discontinuance of the Services.

5. CODE OF CONDUCT

You agree to use the Service in accordance with the following Code of Conduct:

• You will not use the Service for any illegal, unauthorized, or commercial purpose;
• all information you obtain through the Service will be kept confidential and private, and you will not disclose the information to anyone without the permission of the Provider or the person who provided it to you;
• You will not use the Service to harass or offend anyone in any way, including but not limited to in posts of communications, through images or recordings that contain libelous, slanderous, or defamatory statements; display racist, pornographic, or obscene content; or by using abusive language or images;
• You will not use the Service to violate the privacy rights, property rights, or other rights of the Provider or any other person;
• You will not use the Service in any manner that infringes or plagiarizes the rights of Provider or any third party, including but not limited to the copyright, privacy, or other personal or proprietary rights, or in any manner that is fraudulent or otherwise unlawful and in violation of applicable laws;
• You will not reproduce, copy, sell, resell, or offer to use the Service, in whole or in part.

Provider reserves the right, in its sole discretion, to suspend or terminate your use of the Service if you violate these prohibitions, and you agree that you will not receive a refund of any payments already made to us.

6. PRIVACY POLICY

The use of your personal information is governed by our Privacy Policy. Our Privacy Policy is part of the General Terms of Use, and by agreeing to the General Terms and Conditions, you also consent to the manner in which we will treat your personal information in accordance with the Privacy Policy.

7. INDEMNITY

You agree to indemnify, defend and hold harmless Provider, its subsidiaries, affiliates, related companies, and their agents and employees, from and against any and all claims, disputes, demands, actions, or other proceedings brought by any third party due to, arising out of or related to (i) use of the Service, Content, downloads, software, and pages, including but not limited to your downloads from this website, (ii) violation of the Terms of Use, or (iii) violation of any laws, regulations or the rights of any third party. You shall pay all resulting costs, damages, and expenses, including but not limited to reasonable attorneys' fees and costs incurred by Provider in connection with the defense of any such complaint, action, claim, or another proceeding.

8. TERMINATION AND WITHDRAWAL

Subscriptions purchased through our website can also be managed and cancelled through this website. You can also unsubscribe by following the unsubscribe link sent in the welcome message, alternatively unsubscribe from the content portal and/or send us an email to: za@streamgym.today or contact customer care 011 218 5600

9. ADVERTISEMENT

To the extent permitted by your country of residence, we may use advertising and promotions. As a condition of using the Service, you agree that we may place advertisements and promotions on our website and send advertisements and promotions to your cell phone or by other means conditioned on the Service. You also agree that you will not attempt to block or otherwise interfere with the ads and promotions.

We do not share your personal details with others without your consent. You have the right to prohibit us from contacting you via direct marketing.

The provision of advertising and promotion on our website or in our service does not constitute an endorsement of the content, product, service, or the company providing it. The Provider is in no way responsible for or involved in any transactions that occur with the Third Party Provider and involve its products or services or for the content and information involving the Third Party Products or Services. You agree that the Provider shall not be liable for any damages of any kind incurred because of such transactions.

10. INTELLECTUAL PROPERTY

("Software"), the Website and the information and trademarks contained in the Service are protected by copyright, trade secret law, trademark law, and all other intellectual property rights and obligations. Unless otherwise stated, all known and pending rights of every kind, worldwide, relating to the Website, the Service, and the Software are owned by us at all times "Intellectual Property Rights").

You agree not to make any claim to our intellectual property, and you acknowledge that no intellectual property may be transferred to you, and you have no rights, express or implied, other than the rights set forth in our General Terms and Conditions.

You warrant that you will not modify, rent, lease, loan, sell, distribute, or create content for any products from this Service or Software, in whole or in part, except with the written permission of Provider.

Provider hereby grants to you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable license and permission to install the Software and download the Content, for use of the Service on a portable cellular telephone, solely for your own personal, non-commercial use, and to use the Software and the Website in accordance with the Terms of Use, so long as you do not copy any Software, source code or Content, modify or alter, or reproduce, modify, advertise, transfer, sell, distribute, make a similar product or content, or perform any engineering or assembly work, or otherwise attempt to discover the source code, and you agree not to sell any rights with respect to the content, software, and intellectual property, including, but not limited to, for the purpose of obtaining unauthorized access to the software. You warrant to use only the interface provided by the Provider for the use of the Service. The provider hereby grants you permission to make a copy of the information you need to access and to store that copy on this device for your personal use. We are committed to respecting the intellectual property of others. If you are a copyright owner, or are authorized to act on behalf of one, or are authorized to act under the proprietary rights of others, and you believe that any content on the Website or Service infringes your copyright, you may notify Provider's copyright agent, providing the following information, of the infringement:

• Identify the copyrighted work that you believe has been infringed, or, if multiple copyrighted works on a single page, or in a Service have been infringed, provide us with a list of the copyrighted works that will allow us to locate the material;
• Identify the material that you believe is infringing or that is the subject of infringing activity that should be removed or disabled, and provide us with understandable information that will enable the provider to locate the material;
• Provide us with your contact information such as your address, phone number, and email address so that we can contact you;
• A statement that you have found material on our website or service that infringes your copyright;
• A statement that you have a good faith belief that the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner of or authorized to act on behalf of the copyrighted material that is allegedly infringed; and
• Provide your full name and electronic or physical signature.

If you are unsure of your rights or are unsure whether copyright infringement has occurred, we advise you to seek legal advice before sending the notice to the Provider.

11. NO WARRANTY

We, our directors, officers, employees, shareholders, subsidiaries, affiliates, agents, and licensors (THE "PROVIDING PARTIES") disclaim any and all responsibility for damages resulting from the use of the Service, the Content, the Software, and the Website. You understand and expressly agree that:

• The service, content, software, and website are provided "as is" and "subject to availability" without warranty of any kind. The providing parties expressly disclaim, to the fullest extent permitted by law, all warranties, express, implied, statutory or otherwise, with respect to the service, the content, the software, and the website, including implied warranties of merchantability and non-infringement of proprietary rights;
• The providing parties do not warrant the security, reliability, timeliness, and performance of the service, content, software, and website. The providing parties do not warrant that the service, content, software, and website will meet their requirements, or that the functions of the service, content, software, and website will be uninterrupted or error-free;
• No advice or information, whether oral or written, given by you to us, will create any warranty not stated herein. You may not rely on any such information or advice;
• You understand and agree that the download of the service, content, software, and website is at your risk and that you are solely responsible for any damage to your computer, cell phone, device, or loss of data that results from the download or use of the content, software, and website;
• Images of persons shown on the website or in the service are for illustrative purposes only. These are not the actual persons providing the service to you; and
• We are not responsible for any misapplication or misinterpretation of the ideas or facts presented in the content and/or on our website.

12. Limitation of liability

You expressly agree that in no event will the providing parties be liable for any damages, whether direct, indirect, exemplary, punitive, or consequential, by you or any third party (including, without limitation, damages for loss of profits, business interruption, loss of business data and the like) arising out of the use, misuse or inability to use the service, the content, the software, and the website, even if the representatives authorized by the provider have mentioned the possibility of such damages (including damages caused by third parties). The service must not be used: (i) to intentionally engage in illegal conduct, (ii) to knowingly create, store or disseminate any illegal content, (iii) to knowingly infringe copyright, (iv) to knowingly infringe any intellectual property rights, or (v) to send spam or promote the sending of spam. Some courts do not allow the exclusion or limitation of this liability, so it may not apply to you. In no event shall the providing parties be fully liable for any damages, loss, and fault (including negligence) other than the amount paid by you for the registration of the service, content, software, and website.

13. GENERAL INFORMATION

These General Terms and Conditions constitute the entire legal agreement and understanding between you and the Provider and supersede all prior agreements, understandings, and representations between you and the Provider with respect to the Website or the Service. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and us because of the general business relationship or use of our Website and Service.

You may not assign any rights or delegate any liabilities created by this Agreement without our express written permission. Nothing in this agreement affects your legal rights as a consumer.

Mobile Minded has the right to suspend or terminate the services of any customer who does not comply with these terms and conditions or any other related contractual obligations.

Mobile Minded has the right to take down any content (hosted as part of the service) that it considers illegal or for which it has received a take-down notice.

14. APPLICABLE LAW, JURISDICTION, AND SEVERABILITY

National laws from the country of your residence apply to the relationship between you and the Provider, regardless of provisions of applicable international law. You and the Provider hereby waive any right to legal proceedings with respect to any services related to the General Terms and Conditions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Disputes are submitted for final and binding jurisdiction through arbitration under the rules of arbitration in your country. Any failure by the Provider to comply with applicable law or the provisions of these General Terms and Conditions shall not permit any waiver of the rights or obligations under this Agreement.

In the event that any provision of the Terms of Use is held invalid or unenforceable by any court or arbitrator, such provision shall not affect the validity and enforceability of the remaining provisions of this User Agreement. ANNEX A

Mobile Minded, with headquarters at Meander 251, 6825 MC Arnhem, the Netherlands , E-mail Address za@streamgym.today, is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. Mobile Minded may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA website: www.waspa.org.za

Privacy Policy:

This Privacy Policy explains our obligations and your rights regarding your personal information. You should read this Privacy Policy carefully. If you do not agree to this Privacy Policy, please do not use this Website or our Service. The Privacy Policy is incorporated into the General Terms and Conditions and is subject to the Terms of Use that govern the service of this website. Any terms we use in the Privacy Policy without defining them will have the same definitions as stated in the General Terms and Conditions.By subscribing you give explicit consent to receive transactional and promotional messages related to the service on the subscribed mobile number.

Personal information

We may collect personal information about you in a variety of ways, including, but not limited to, your browsing activity when you visit our website. You may be asked for your name, email address, and phone number. However, you can also visit our website anonymously. We collect your personal information only when you voluntarily submit it to us. You can always refuse to share personal information; however, this will prevent you from participating in certain activities on various websites.

Non-personal information

We may collect non-personal information about you when you visit our website or use our service. Non-personal information may include the browser name, computer type, and technical data about how we connect, such as the operating system and our Internet service usage, and similar information.

Web browser cookies

Our website uses "cookies" to improve your experience. A cookie is a piece of information that is stored on your computer's hard drive for markup purposes and sometimes to track information. You can set your web browser to disable cookies or to require your consent when cookies are used. If you do so, please keep in mind that some websites or service functions may not work properly. How do we use collected information? We collect and use your personal information for the following purposes: a. We may use information in the aggregate to understand how you as a group use the services on our website. b. We use your feedback to improve our website and services. c. We may use your email address to send you information and status notices about your order. It is also used to respond to your questions, inquiries, and other contact attempts.

How do we protect your data?

We use appropriate data collection programs, storage and processing practices, and security measures to help protect against unauthorized access to, alteration, disclosure, or destruction of your personal information, including your username, password, and transaction information. The exchange of sensitive and private information between our website and you are done through an SSL secured communication channel and is encrypted and protected by a digital signature. Since we operate internationally, your personal information could be transferred to other countries and used there. In these countries, we take every care to protect your personal information.

Sharing your personal information

We do not sell, trade, or rent your personal information to third parties. We may share generic, aggregated, or demographic information not associated with individuals about visitors to and users of our website with our business partners, trusted partners, and advertisers for the purposes set forth above.

Advertisement

Advertisements that appear on our website are shown to you by partners who enable cookies with us. These cookies allow our advertising partners to recognize your computer each time you or someone else visits us with that device and thus send you an online advertisement based on non-personal information. This information, among other things, allows advertising companies to deliver ads tailored to you that they think will interest you the most. This Privacy Policy does not cover any third-party website that you may access through our website, nor does it cover the use of cookies by any advertisers.

Your consent

By using the website or any of our services, you expressly consent to the collection and use of your personal and non-personal information in connection with this Privacy Policy. You also consent to the transfer of personal and non-personal information to another country. If we decide to change our Privacy Policy, we will notify you on our website so that you can always view the most current version.

Contact support

If you do not wish to receive email or free messages about our service, if you have any questions about our Privacy Policy or how to use our website, please contact us at za@streamgym.today