TERMS AND CONDITIONS
ENGAGEMENTFIT TERMS AND CONDITIONS OF USE AND SERVICE
Last updated 26 September 2022By accessing or using https://www.engagementfit.com or any of its related blogs, websites, applications or online platforms (collectively, "the Website" or "Platform"), owned by ENGAGEMENTFIT ("EngagementFit"), a Joint Venture between My Pocket Coach (Pty) Limited, a private limited liability company incorporated in, and operating in accordance with, South African company laws with registration number 2018/048231/07 and Lombaard Executive Coaching (Pty) Ltd, a private limited liability company incorporated in, and operating in accordance with registration number 2019/151835/07. You agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the "Terms"). All rights in and to the content of the Website remain at all times expressly reserved by EngagementFit.
Please see EngagementFit's distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.
Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit the risk or liability of EngagementFit, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify EngagementFit or is an acknowledgement of any fact by you.
Please read these terms carefully before accessing or using the Website and/or Services. EngagementFit will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.
It is important to note the following:
- The terms "user", "you" and "your" are used interchangeably in these Terms and refer to all persons accessing the Website or EngagementFit Services for any reason whatsoever. Accordingly, the terms "us", "our" or "we" refers to EngagementFit or its possession.
- Not all terms are necessarily defined in order.
1. INTRODUCTION TO THE WEBSITE AND SERVICES
1.1. EngagementFit provides an online software platform which, amongst other services(collectively, the "Services"), allows users ("Users") to register and complete various assessments. The assessments act as an online tool provider and information service intended to help users understand their natural drives (dominant role in various environments) to better focus their career paths and overall job performance and find work that inspires them.
1.2. Depending on the exact EngagementFit Services used on the Website, users may need to pay a fee to EngagementFit, which fee shall be determined as per these Terms and Website-provided information, and explained to a user before it is ever incurred.
1.3. These Terms explain the conditions applicable to all users, using the Website and/or the Services.
1.4. In order to use many of the Services, users must register on the Website using the prompted methods, and submit any required information to create a "Profile"..
1.5. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon EngagementFit uploading the amended Terms to the Website. Your continued access or use of the Website and/or EngagementFit Services constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
1.6. Supplemental terms may apply to certain Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed incorporated into the Terms for the purpose of the EngagementFit Services.
1.7. Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages against the infringing party and/or be a criminal offence
2. RELATIONSHIP BETWEEN THE PARTIES FOR VARIOUS SERVICES
2.1. ENGAGEMENTFIT PROVIDES SOFTWARE SERVICES AND IS NOT AN EMPLOYER, NOR OTHER ADVISER AND DOES NOT HAVE AN AGENT OR INTERMEDIATRY RELATIONSHIP WITH ANY USER. ALL TOOLS PROVIDED ON THE WEBSITE OR AS PART OF THE ENGAGEMENTFIT SERVICES ARE FOR INFORMATION PURPOSES ONLY. YOUR USE OF THE WEBSITE OR THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND BASED ON YOUR OWN VOLITION AND EXPERTISE.
2.2. Users understand that they or other users may be from jurisdictions which may require regulation of the information. EngagementFit does not in any way verify nor confirm the adherence by any User with any such laws to which they are subject. It is therefore vital for each user to understand and be aware that they are fully responsible for any legal obligations resting on them in accepting or using the EngagementFit Services.
3. USER REGISTRATION PROCESS
3.1. In order to become an EngagementFit user, you must complete the necessary registration process detailed on the website at https://EngagementFit.com and acquire a Profile. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
3.2. EngagementFit requires you to submit your full name and e-mail address, when registering a Profile.
3.3. To protect your privacy and security, the Website takes reasonable steps to verify your identity by sending an email containing a confirmation link to your email address upon registration, and requiring you to set a username and password in order to grant access to your Profile, the Website and/or data.
3.4. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your log-in details or password with anyone.
3.5. By submitting your personal information to the Website for its use in a Profile or otherwise, you consent to EngagementFit using this information to communicate with you for non-marketing related reasons.
3.6. non-marketing related reasons. Please see EngagementFit's Privacy Policy regarding more details on how EngagementFit uses and processes your personal information.
4. THE ENGAGEMENTFIT SERVICES
4.1. For general information purposes, and subject to further information relating to these Services made available on the Website or elsewhere, the following details Services available on the Platform
4.1.1. Registering as a User on
the Platform
4.1.1.1. With the completion of the necessary fields
in the Profile registration, users will gain access to the Platform and have the opportunity to
complete the EngagementFit Drive Assessment.
4.1.2. Drive Assessment
Report
4.1.2.1. Once Users complete the Drive Assessment
they will have the opportunity to access either a free version of the Drive Assessment report
("Drive Report") or a more comprehensive version of the Drive Report for which they will have to
pay a fee. Once selected Users may download their chosen Drive Report in the form of a PDF.
4.1.2.2. The free Drive Report will provide Users
with their top 5 dominant and draining drives. The paid Drive Report will provide Users with a
complete list of their dominant and draining drives and a discussion thereof.
4.1.3. Purchasing of Codes by
Corporate entities
4.1.3.1. Corporate clients have the option of
purchasing access codes from EngagementFit to provide their employees with the opportunity to
access and undertake the Drive Assessment. Once purchased, EngagementFit will allocate the
appropriate number of access codes to the client. Each employee may then use their unique access
code to access and complete the Drive Assessment.
4.1.4. Access to Sterkla Coaches
4.1.4.1. Users have the option of requesting to be
contacted by a life coach from My Pocket Coach's platform Sterkla. Once selected, Users will be
redirected to the Sterkla platform (https://www.sterkla.com/) to further engage with a coach of their
choice.
4.1.4.2. Where User's consent thereto, coaches will
be provided access to Users Drive Report as well as their sequence report on the Platform.
4.1.5. Sterkla Coach Code
Management
4.1.5.1. CCoaches on the Sterkla platform have the
opportunity of referring their clients to EngagementFit and the Platform. Coaches may purchase
access codes to provide to their client's for them to undertake and complete the Drive
Assessment.
4.2. For further information on the current EngagementFit Services available generally or applicable to you, please contact support@engagementfit.com who will gladly assist.
4.3. To terminate your use of the EngagementFit Services or the Website, please see clause 15 below.
5. CONSENT FOR DATA SHARING
5.1. User's consent to EnagementFit sharing their personal data and Drive Assessment data with:
5.1.1 Sterkla Coaches, where Users have requested to be contacted by a Sterkla Coach via the Website; and/or
5.1.2 Corporate User's who have provided the User with an access code for the Drive Assessment.
5.2. The sharing of User data will be done strictly in accordance with EngagementFits Privacy Policy.
6. PAYMENT TERMS
6.1 Use of the Platform may attract a fee to be paid by the User or Corporate User to EngagementFit as set out below.
6.2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network's data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
6.2 Comprehensive Drive Assessment
Report
6.2.1 Users who choose to receive the comprehensive
Drive Report will be liable for the cost thereof as displayed on the Website.
6.2.2 EngagementFit offers payment security using our
authorised payment services provider (Stripe).
6.3 Drive Assessment
Codes
6.3.1 Corporate Users and/or Coach Users may purchase
codes to provide group access to the Platform by contacting EngagementFit directly.
6.3.2 Code purchases will be invoiced directly by
EngagementFit for the total cost of the number codes purchased.
6.3.3 Payment will be actioned by our authorised
payment services provider (Stripe).
6.4. EngagementFit reserves the right to establish or remove any fees for any or all services obtained through the use of the Platform at any time in EngagementFit's sole discretion. EngagementFit will use reasonable efforts to inform you of all charges or fees that may apply to you, provided that you will be responsible for the payment of all fees properly incurred under your Profile.
6.5. Users making use of our authorised payment services provider understand that when using such third-party services, that third-party service provider may have its own terms of use and service which the user will need to read and accept in order to use their independent payment services.
6.6. EngagementFit may from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Platform, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Platform Services or the fees applied to you.
6.7. All amounts stated shall exclude Value Added Tax ("VAT") and will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law. All applicable taxes, duties or fees will be detailed to you before you affect any transaction.
6.8. You may contact EngagementFit via email at support@engagementfit.com to obtain a full record of your statement with EngagementFit.
7. USER RESPONSIBILITIES AND WARRANTIES
7.1. By using the Website and/or the EngagementFit Services, you warrant that: 7.1.1. you have read and agreed to these Terms and will use the Website in accordance with them; 7.1.3. you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete; 7.1.3. your use of the EngagementFit Services and/or your actions or contributions facilitated via the Website are all within your legal right to do so as per any applicable country's legislation to which you are required to adhere to and indemnify EngagementFit from any liability accrued by virtue of your use of the Website and/or Services and/or actions perpetrated thereon; 7.1.4. you will timeously pay any due fees to EngagementFit when required to do so under these Terms; 7.1.5. you agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password; 7.1.6. you agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security; 7.1.7. you agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge; 7.1.8. you agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or los; 7.1.9. you agree and commit not to use the account or Account Access of any other person for any reason; 7.1.10. if you receive any file from us, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file; 7.1.11. you are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Website for the use of it or the Services; 7.1.12. you will not use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end 'look and feel' of the Website or the underlying software code; 7.1.13. you will not infringe any third party's or the Website's intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute; 7.1.14. you will not use the Website for any commercial purpose other than as expressly provided for by EngagementFit and the Terms; 7.1.15. you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information, or devices; and 7.1.16. you will not facilitate or assist any third party to do any of the above, failing which, the same infringement will be automatically deemed to be a material breach of these Terms, and sanctions will be levied against the infringing party.
7.2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network's data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
7.3. Without prejudice to any of EngagementFit's other rights (whether at law or otherwise), EngagementFit reserves the right to deny you access to the Website or the Services where EngagementFit believes (in its reasonable discretion) that you are in breach of any of these Terms.
7.4. EngagementFit does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
8. RECEIPT AND TRANSMISSION OF DATA MESSAGES
8.1. Data messages, including e-mail messages, sent by you to EngagementFit will be considered to be received only when acknowledged or responded to.
8.2. Data messages sent by EngagementFit to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
8.3. EngagementFit reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
8.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. EngagementFit is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between EngagementFit and a user, or between users.
9. HYPERLINKS, DEEP LINKS, FRAMING
9.1. 9.1. The Website may include links to other internet sites ("the other sites"). EngagementFit does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
9.2. EngagementFit does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to support@engagementfit.com to request the removal of such content.
9.3. The user's access and use of the other sites remain solely at the user's own risk and on the terms set by the relevant third party.
10. ADVERTISING AND SPONSORSHIP
10.1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
10.2. EngagementFit, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
11. INTELLECTUAL PROPERTY PROTECTION
11.1. All Website material, content, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and EngagementFit in use of the EngagementFit Services, ("the intellectual property") are owned (or co-owned or licenced, as the case may be) by EngagementFit, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
11.2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of EngagementFit first being granted, which consent may be refused at the discretion of EngagementFit. No modification of any intellectual property or editorial content or graphics is permitted.
11.3. For clarity, ownership of any user assessment data, including but not limited to assessment reports, and excluding any and all of the user's personal information, remains jointly with the relevant user and EngagementFit.
11.4. EngagementFit reserves the right to make improvements or changes to the intellectual property, information, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website resulting in any fees, will not be affected by such suspension or termination, as the case may be.
11.5. Where any of the Website intellectual property has been licensed to EngagementFit or belongs to any third party, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
11.6. Subject to adherence to the Terms, EngagementFit grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of EngagementFit.
11.7. Any enquiries regarding any of the above relating to intellectual property must be directed to EngagementFit at support@engagementfit.com.
12. DISCLAIMERS AND WARRANTIES
12.1. The Website, including any intellectual property appearing therein, is provided "as is" and "as available". EngagementFit makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, information provided by another user or the information contained on the Website in any way.
12.2. EngagementFit, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website, and/or transactions or actions resulting therefrom.
12.3. EngagementFit, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the EngagementFit Services, and access to, or use of, the Website in any manner.
12.4. Users from locations outside of South Africa, please note that EngagementFit complies with all South African laws in representing the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify EngagementFit from any liability it may acquire by virtue of its supply of the Website and/orServices.
12.5. EngagementFit takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, EngagementFit does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user's access to and use of the Website remains solely at the user's own risk and the user should take their own precautions accordingly.
13. INDEMNITIES
13.1. The user indemnifies and holds harmless EngagementFit, its shareholders, employees, and partners from any demand, action, regulation or application or other proceedings, including for attorneys' fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user's use of the Website or services offered or concluded through the Website in any way.
13.2. The user agrees to indemnify, defend and hold EngagementFit harmless from any direct or indirect liability, loss (direct, indirect and/or consequential), claim and expense (including reasonable legal fees) related to the user's use of the Website and/or the EngagementFit Services and for breach of these Terms.
13.3. This clause will survive termination of this agreement.
14. COMPANY INFORMATION
14.1. Site owner: EngagementFit
14.2. Company type: Joint Venture
14.3. Managers: Gavin Lund and Dries Lombaard
14.4. Description of main business: Online platform and related services
14.5. Telephone number: +27732552370 | +2782 6527350
14.6. E-mail address: support@engagementfit.com
14.7. Website address: www.EngagementFit.com
14.8. Physical address: 66 Troon Road, Randburg, Gauteng, South Africa
14.9. Postal address: 66 Troon Road, Randburg, 2193, Gauteng, South Africa
14.10. Registered address: 66 Troon Road, Randburg, Gauteng, South Africa
15. DISPUTE RESOLUTION AND GOVERNING LAW
15.1. The user's access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.
15.2. Should any dispute, disagreement or claim arise between a user and EngagementFit concerning use of the Website or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
15.3. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion between them, for the purposes of finding a mutually beneficial solution.
15.4. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
15.5. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
16. TERMINATION OF USE OF WEBSITE OR SERVICES
16.1. IN ADDITION TO THE RIGHTS ABOVE, ENGAGEMENTFIT RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE SERVICES AND/OR WEBSITE IF YOU BREACH ANY OF THE TERMS, OR FOR ANY REASON IN ITS SOLE DISCRETION PROVIDED THAT ENGAGEMENTFIT GIVES REASONABLE NOTICE TO YOU.
16.2. If you wish to terminate the agreement with EngagementFit, or end your use of the EngagementFit Services, you may do so by emailing support@engagementfit.com to request your Profile to be deleted and discontinuing your use of the Website.
16.3. The obligations and liabilities of any user incurred prior to the termination date of the Terms and/or use of the EngagementFit Services shall survive the termination of these Terms for all purposes, including the payment of any fee which was due and payable before termination.
16.4. In the event of cancellation of your agreement with the Terms and with EngagementFit, EngagementFit will remove you from the Website and delete your Profile.
17. NOTICES AND SERVICE ADDRESS
17.1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being: 17.1.1 in the case of EngagementFit, at support@engagementfit.com; and 17.1.2 in the case of the user, at the e-mail address provided by the user to EngagementFit in the registration process.
17.2. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
17. GENERAL
18.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
18.2. No indulgence, leniency or extension of time granted by EngagementFit shall constitute a waiver of any of EngagementFit's rights under these Terms and, accordingly, EngagementFit shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
18.3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
18.4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
18.5. The user's access and/or use of the Website and/or the EngagementFit Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa.
18.6. Should you have any complaints or queries, kindly address an e-mail to support@engagementfit.com advising EngagementFit of same.
18.7. In the event of the user breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by EngagementFit in relation to the breach and the rectification of same.
18.8. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
18.9. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision") . Any breach of any such Prohibited Provision shall be governed by the provisions of clause 17.8.
