Last updated: 2024/07/25
Please read these terms and conditions carefully before using Our Service.
INTERPRETATION AND DEFINITIONS
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Bridge & Bend
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: The Republic of South Africa
Company (referred to as either “Bridge & Bend”, “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Bridge and Bend (PTY) LTD, PO Box 573, Lonehill, 2062, South Africa.
Device means any device that can access the Service such as a computer, a mobile-phone, or a digital tablet.
Service refers to any and all information provided by Bridge & Bend, including on the Application, the Website, Our blog, online programs, social media profiles and posts, correspondence, and/or our newsletter.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Bridge & Bend, accessible from www.bridgeandbend.com and www.online.bridgeandbend.com.
You means the individual accessing or using the Service.
ACKNOWLEDGMENT
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Statement of the Company. Our Privacy Statement describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Statement carefully before using Our Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Disclaimer and Return Policy of the Company which are hereby incorporated and made part of our Terms and Conditions.
SERVICES PROVIDED – NO MEDICAL CARE OR ADVICE BY BRIDGE & BEND
The Service cannot and does not contain medical, health, fitness, or nutritional advice.
The information provided on the Service is for general informational purposes only. No material on the Service is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other appropriate qualified health care professional with any questions you may have regarding a medical condition or treatment.
Not for Emergencies: IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.
Please see our Disclaimer for further information.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
TERMINATION
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some countries and states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these countries and states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” AND “AS AVAILABLE” DISCLAIMER
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
CONDITIONS OF SALE AND PAYMENT TERMS
Order Acceptance: All orders are subject to acceptance by the Company. We reserve the right to refuse or cancel any order for any reason, including inaccuracies or errors in product or pricing information, limitations on quantities available for purchase, or issues identified by our credit and fraud avoidance department. An order is deemed accepted when the product is delivered (online product) or shipped (physical product).
Pricing and Availability: Prices and availability of products and services are subject to change without notice. We make every effort to provide accurate and up-to-date information; however, errors may occur. In the event of a pricing error, we will contact you with the correct pricing information and provide you the option to proceed with the order at the correct price or cancel the order.
Payment Terms: Payment must be made in full at the time of purchase. We accept PayPal, VISA, and Mastercard, and other payment methods as indicated from time to time on our website. By providing payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of any changes to the payment information.
Subscription Services: For subscription-based services, your subscription will automatically renew at the end of the subscription term unless you cancel it in accordance with our cancellation policy. The renewal will be at the current subscription rate. You can cancel your subscription at any time through your account settings or by contacting customer service.
Refunds and Cancellations: Our refund and cancellation policies are outlined separately on our website. Please review them carefully before making a purchase. In general, digital products and services are non-refundable, and refunds for physical products are subject to our return policy.
Taxes: All prices are exclusive of applicable taxes unless otherwise stated. You are responsible for paying any applicable sales, use, or other taxes associated with your purchase.
Shipping and Delivery: Shipping and delivery times are estimates and are not guaranteed. We are not responsible for delays caused by third-party shipping carriers or events beyond our control.
Promotions and Discounts: Promotional offers and discounts are subject to specific terms and conditions. We reserve the right to modify or cancel promotions at any time without notice.
COMMENT POLICY AND USER GENERATED CONTENT
General: Bridge & Bend values the contributions of our community members and encourages users to engage with our content by posting comments, reviews, and other user-generated content (UGC). By submitting UGC, you agree to abide by this Comment Policy.
Respectful Conduct: All comments and content must be respectful and relevant to the topic. Harassment, bullying, hate speech, and discriminatory remarks will not be tolerated. Any content that promotes violence, illegal activities, or harmful behaviour is strictly prohibited.
Accuracy and Authenticity: Ensure that any information you provide is accurate and truthful. Do not impersonate others or misrepresent your affiliation with any person or entity. UGC should be your original work and not infringe on the rights of others, including intellectual property rights.
Prohibited Content: The following types of content are not allowed:
Spam, advertising, or promotional materials
Offensive, obscene, or vulgar language
Personal attacks or defamatory statements
Content that infringes on the privacy of others
False or misleading information
Moderation: the Company reserves the right to moderate, edit, or remove any UGC that violates this policy or is otherwise deemed inappropriate at our discretion. Repeated violations may result in the suspension or termination of your ability to post content.
Licensing: By submitting UGC, you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
Responsibility: You are solely responsible for the content you submit. The Company does not endorse any UGC and is not liable for any claims arising from your UGC.
Reporting Violations: If you believe that any UGC violates this policy or your rights, please contact us with a detailed description of the issue. We will investigate and take appropriate action as necessary.
Changes to Policy: We reserve the right to amend this Comment Policy at any time. Any changes will be posted on this page, and your continued use of our services after such changes constitutes acceptance of the new policy.
INTELLECTUAL PROPERTY AND COPYRIGHT NOTICE
Ownership: All content on the Service, including but not limited to any information, products, documentation, text, graphics, logos, images, videos, software, intellectual property, and other materials (collectively, the “Content”), is the property of the Company or its content suppliers and is protected by South African and international copyright laws.
License and Access: Bridge & Bend grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Content for personal, non-commercial purposes only. This license does not include any resale or commercial use of the Content; any collection and use of product listings, descriptions, or prices; any derivative use of the Content; or any use of data mining, robots, or similar data gathering and extraction tools.
Restrictions: You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the Content.
Brandmarks: All logos, brandmarks, service marks, and trade names of Bridge & Bend used on the Service are the intellectual property of the Company. We retain all rights, title, and interest in and to these brandmarks. Use, reproduction, copying, or redistribution of Bridge & Bend logos, brandmarks, service marks, and trade names are strictly prohibited without the prior written permission of the Company.
Third-Party Content: Content on the Service may include materials from third parties. All such third-party content is the property of its respective owners and is used under license by Bridge & Bend. Unauthorized use of third-party content is strictly prohibited.
Infringement Notices: If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us with the following information:
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
Your electronic or physical signature.
Compliance: We respect the intellectual property rights of others and expect our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers.
PASSWORDS AND YOUR LOG-IN CREDENTIAL INFORMATION
Account Responsibility: When you create an account with Bridge & Bend, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
Security: You agree to notify Bridge & Bend immediately of any unauthorized use of your account or any other breach of security. Bridge & Bend will not be liable for any loss or damage arising from your failure to comply with this security obligation.
Prohibited Actions: You may not use anyone else’s login credentials or permit others to use your credentials. Sharing your account details with others is strictly prohibited and may result in the termination of your account.
Account Use: You agree to use your account solely for personal, non-commercial purposes. Any unauthorized commercial use of your account may result in immediate suspension or termination of your account and access to our services.
Accuracy of Information: It is your responsibility to ensure that all information provided in your account is accurate and up-to-date. Bridge & Bend reserves the right to suspend or terminate accounts containing false or outdated information.
Changes to Credentials: If you wish to change your login credentials, you can do so through your account settings. It is recommended to periodically update your password to enhance account security.
ELECTRONIC COMMUNICATION
Consent to Electronic Communication: By using our website and services, you consent to receive electronic communications from Bridge & Bend. These communications may include, but are not limited to, updates, notifications, promotional offers, and other information related to our products and services.
Methods of Communication: Electronic communications may be sent to the email address you provided during registration or through other digital means, including but not limited to SMS, push notifications, or messaging through our website and mobile applications.
Opt-Out: You have the right to opt out of receiving certain types of electronic communications. To do so, follow the unsubscribe instructions provided in the communication or update your preferences through your account settings. Please note that opting out of promotional communications may still allow us to send you transactional or service-related messages, such as order confirmations and account updates.
Accuracy of Contact Information: It is your responsibility to ensure that your contact information is accurate and up-to-date. Bridge & Bend is not responsible for any issues or delays in communication resulting from incorrect or outdated contact information.
Electronic Signatures: Any agreements, notices, disclosures, or other communications provided electronically will have the same legal effect as if they were provided in writing. By engaging with our services, you agree that electronic signatures, contracts, and other records will be binding and enforceable.
Data Privacy: Your electronic communications with Bridge & Bend are subject to our Privacy Statement. We are committed to protecting your personal information and ensuring its confidentiality in accordance with applicable data protection laws.
Technical Issues: Bridge & Bend is not responsible for any technical issues or failures that may affect the delivery or receipt of electronic communications, including but not limited to email delivery failures, message filtering, or disruptions in service.
SUPPLEMENTAL TERMS APPLICABLE TO INDIVIDUAL PRODUCTS AND PROGRAMS
Body Renewal & Core Connection:
When signing up for Body Renewal & Core Connection you accepted the below pre-participation agreement – last updated 2024/05/14:
“This is a pre-participation agreement between you and Bridge and Bend (Pty) Ltd, the company providing the exercise program ‘Body Renewal & Core Connection’. Agreement with each point is required to access the program. Please contact us with any questions (carmen@bridgeandbend.com).
BY JOINING THE PROGRAM, YOU AGREE TO EACH POINT IN THIS AGREEMENT.
This exercise program has been designed by Carmen Baier, a registered physiotherapist and the founder of Bridge and Bend (pty) LTD. The exercise program is based on current best evidence regarding spine health and core strengthening, and the experience of the program creator working with physiotherapy clients and one-on-one Pilates clients. Each person’s body is different and changes with illness, aging, and injury. With that in mind, please read through this checklist:
I have consulted my GP/healthcare-professional and have been cleared to commence low-impact exercise.
In the case that I have been under medical care recently for injury, illness, surgery, and/or life altering events such as child-birth, I have obtained advice from my GP/healthcare-professional about the specific risk factors associated with exercise in my condition and circumstances necessitating closely supervised or modified exercise or stopping exercise, and I will be sure to follow that advice including seeing my GP/healthcare-professional promptly if I experience any of those risk factors or circumstances.
While I am aware that every effort has been taken to create a safe and effective exercise program I acknowledge that there is inherent risk in exercise and if at any point I experience pain or feel that I am exercising beyond my current level of fitness I will stop immediately and consult my GP/healthcare-professional.
Indemnity. I agree to indemnify and hold harmless Carmen Baier and Bridge and Bend (pty) LTD and its members, employees, and/or associates for any injuries, illnesses, and the like experienced as the result of my training sessions and taking part in this exercise program.
Warranties. While Carmen Baier and Bridge and Bend (pty) LTD fully believe exercise is beneficial to your health and wellness, Carmen Baier and Bridge and Bend (pty) LTD and its members, employees, and/or associates cannot guarantee the results of this exercise plan. Carmen Baier and Bridge and Bend (pty) LTD and its members, employees, and/or associates make no representations and/or warranties that you will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or will attain any other particular and/or specific results. Carmen Baier and Bridge and Bend (pty) LTD strongly encourage you to follow a healthy diet in conjunction with personal training and continued exercise.
All information and content presented in this exercise program was produced by Carmen Baier for Bridge and Bend (pty) LTD and Bridge and Bend (pty) LTD retains the copyright. I agree not to share content or links with others without prior written permission from Bridge and Bend (pty) LTD.
Informed consent and assumption of risk and release of liability:
I certify that I am of adequate physical condition to participate in physical exercise.
I certify that I assume the risk of physical injury, whether minor, severe, or otherwise.
I certify that I will stop training and consult my GP/healthcare-professional whenever suggested activities cause distress beyond my threshold.
I certify that I will not hold Carmen Baier and/or Bridge and Bend (pty) LTD and/or its members, employees, and/or associates liable for any physical injury, whether minor, severe, or otherwise that result from the exercise program and training sessions.
I certify that I assume all responsibility for my participation in the exercise program and training sessions.
BY JOINING THE PROGRAM, YOU AGREE TO EACH POINT IN THIS AGREEMENT.”
SUPPLEMENTAL TERMS APPLICABLE TO HEALTHCARE PROVIDERS
These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.
Provider-Patient Relationship: If you are a licensed healthcare provider recommending the Service to your patient (referred to as “Provider” or “you”), your relationship with the Bridge & Bend Service user is directly between you and the patient. The patient will never have a physician-patient (or provider-patient) relationship with Bridge & Bend.
Purpose: Certain parts of the Service are designed to supplement and support rehabilitation and convalescence. Providers may prescribe or recommend the Service or a part of it to their patients as part of a holistic health and wellness plan.
Professional Judgment: Providers must use their professional judgment in determining the suitability of the Company’s Service for their patients. The Company does not provide medical advice and the program should not be used as a substitute for professional medical consultation, diagnosis, or treatment.
Compliance: Providers must adhere to all applicable laws, regulations, and professional guidelines when recommending the program. The Company is not liable for any non-compliance.
Disclaimer of Liability: The Company is not liable for any outcomes resulting from the use of the Service and/or fitness program prescribed or recommended by the Provider. This includes, but is not limited to, any adverse health effects experienced by patients.
Program Modifications: The Company reserves the right to modify or discontinue the Service at any time without prior notice. Providers are responsible for determining the continued suitability of the Service for their patients in light of any such changes.
Patient Data: Providers must obtain necessary patient consents and ensure data confidentiality in compliance with privacy laws.
By using or recommending the Service, Providers agree to these terms and acknowledge their responsibilities.
FORCE MAJEURE
Bridge & Bend is not liable for failures to perform obligations due to events beyond our control, including but not limited to natural disasters, war, terrorism, and pandemics. We will notify you of such events and resume performance as soon as possible. If the event continues for an extended period, we may terminate services without liability.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Bridge & Bend, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of our services, your violation of these Terms and Conditions, or your infringement of any rights of another party.
GOVERNING LAW
The laws of the Republic of South Africa, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
DISPUTES RESOLUTION
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
SEVERABILITY AND WAIVER
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
TRANSLATION INTERPRETATION
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
CONTACT US
If You have any questions about these Terms and Conditions, You can contact us:
By email: carmen@bridgeandbend.com
By mail: PO Box 573, Lonehill, 2062, South Africa
Adapted from a policy generated using TermsFeed Terms and Conditions Generator