SECTION 1: Terms & Conditions
- Detailed description of goods and/or services
Actualise Wellness Solutions, hereafter referred to as Actualise, is a business in the Health and Wellness industry that provides quality goods and services related to holistic well-being, human development, and human optimization, albeit coaching, consulting, or product provision.
- Delivery policy (on goods)
Subject to availability and receipt of payment, requests will be processed within 7 days and delivery confirmed by way of tracking number for products (utilizing Dawn Wing and/or RAM Couriers depending on product purhased; for purchases amounting to less than R1499, an additional R35 per item will be charged; FREE delivery on purchases over R1500). You will receive a unique Actualise booking number for service-related purchases.
- Export restriction (on goods)
The offering on this website is available to South African clients only.
- Return and Refunds policy (on goods)
The provision of goods and services by Actualise is subject to availability. In cases of unavailability, Actualise will refund the client in full within 30 days. Cancellation of orders by the client will attract a 20% administration fee.
Damaged goods may be returned within 7 working days for goods in full working condition/undamaged (this is only relevant where damage means goods may not be used at all – to be assessed upon return of good/s). Herbalife products may be returned within 30 working days for a full refund if you are dissatisfied with any of the products – not the results. All other products may be returned within 7 working days for an 80% refund on the purchase price (excluding delivery fee).
Actualise Wellness Solutions shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal
information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
- Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Actualise Wellness Solutions bank account, the details of which will be provided on request.
- Card acquiring and security
Card transactions will be acquired for Actualise Wellness Solutions via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- Customer details separate from card details
Customer details will be stored by Actualise Wellness Solutions separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
- Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is
South African Rand (ZAR).
Actualise Wellness Solutions takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
- Country of domicile
This website is governed by the laws of South Africa and Actualise Wellness Solutions chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 437 Charles Barret Street, Murrayfield, Pretoria, 0184.
Actualise Wellness Solutions may, in its sole discretion, change this agreement or any part thereof at any time without notice.
- Company information
This website is run by Actualise Wellness Solutions (Pty) Ltd. based in South Africa trading as
Actualise Wellness Solutions and with registration number 2016/451146/07 and Jarryd Vincent Irvine (Managing Director) and/or Advisory Directors/Partners .
- Actualise Wellness Solutions contact details
Company Physical Address: 437 Charles Barret Street, Murrayfield, Pretoria South Africa, 0184.
Telephone: +27 (72) 850 9567
SECTION 2: Additional Information on Service Provision and Procedures Thereof
- PURPOSE AND EXPLANATION OF PROCEDURE
- I hereby acknowledge, agree and commit to engagement in an acceptable program of fitness, sports, nutrition, mental, financial or legal coaching undertaken by myself or person/s for which I am signing for. (Please note, these services are provided by qualified individuals in their designated fields and may be sub-contracted by Actualise.)
- I commit to a 6-month minimum engagement period, unless otherwise discussed and agreed upon, and commit to paying my account timeously. This is to ensure ample time is spent to achieve expected progress in program.
- Should I decide to discontinue prior to the end of the minimum period, I must provide 30-days written notice and settle 80% of the outstanding fees due for the remainder of the minimum period. (A change in package will result in no penalty fees but a new order for services will need to be placed and a new 6-month minimum engagement will be set up with the relative payment structure in place.)
- Should I decide to complete the 6-month engagement and discontinue, written notice is expected 30-days prior to discontinuation. I am then liable for the final month/term’s payment due 30-days prior to discontinuation. For programs engaged in on a monthly, quarterly, bi-annual or annual basis, written notice is expected one full term in advance (eg. if quarterly engagement, then 3 months prior to discontinuation, a letter of notice is expected).
- In the event of paying accounts in advance and discontinuing of any such program/service, there is a zero return policy unless an authenticated case with proof of complete negligence on account of Actualise is provided. In that case, the maximum amount payable from Actualise is 20% of the total amount payed to date for that particular program.
- I also give consent for myself to be placed in fitness training program activities that are recommended for improvement, these may include dietary counselling, stress management, and health/fitness education activities. The levels of exercise he/she performs will be based upon his/her cardio-respiratory (heart and lungs) and muscular fitness. I understand that he/she may undergo a graded exercise test prior to the start of his/her training program in order to evaluate and assess his/her present level of fitness and track progress over time.
- By enrolling either online or otherwise in any Actualise-designed and/or –implemented program, I understand that I have agreed to the payment of services rendered, as well as products provided where appropriate. Upon enrolment, I am liable to pay a once-off annual membership fee per program participant of R299. Any discounts provided to me on an official Actualise quotation or invoice is only valid for the period noted upon that document. If I have not met that requirement, the full fee is due without dispute, as well as any interest on overdue accounts.
- My child/ren or I will be given exact instructions regarding the amount and kind of exercise I/he/she should do. A professionally trained sports coach and/or fitness trainer will provide leadership to direct my/his/her activities, monitor performance, and otherwise evaluate overall effort. Depending upon health status, I/he/she may or may not be required to have my blood pressure and heart rate evaluated during these sessions to regulate the exercise within desired limits. I understand that my child/ren’s or myself is expected to attend every session and to follow personnel guidance with regard to exercise, stress management, and other health or sports related programs. If my child/ren’s or myself taking prescribed medications, I have informed the program personnel and further agree to inform them promptly of any changes set out by a medical practitioner.
- I have been informed that during my child/ren’s or my own participation in the aforementioned program. He/she will be asked to complete the physical activities unless symptoms such as excessive fatigue, shortness of breath, chest discomfort or similar occurrences appear. At this point, I have been advised that it is his/her complete right to decrease or stop exercise and that it is my obligation to inform the program personnel of my symptoms, should any develop.
- I understand that during the performance of exercise, program personnel may periodically monitor performance and, perhaps measure pulse, blood pressure, or assess feelings of effort for the purposes of monitoring progress. I also understand that the programme personnel may reduce or stop my exercise programme when any of these findings indicate ceasing of the activity should be done for my child/ren’s or my own safety and benefit.
- I also understand that during the undertaking of the sports or exercise training programme, appropriate physical positioning and alignment of the body may be necessary to assess my muscular and bodily reactions to specific exercises, as well as to ensure correct technique is performed and body alignment is optimised. I expressly consent to the physical contact for the stated reasons above.
- Lastly, I consent to photographs and videos being taken during any participation in any Actualise programme or event. This may be shared on appropriate social media profiles exclusively held by Actualise, unless formally stated otherwise by letter, email, or other legal document with signatures of participant and Actualise management.
- PERSONAL TRAINING AND/OR SPORTS SPECIFIC COACHING BENEFITS (only available for subscription accounts and not once-off accounts)
- 6-Month Photoshoot or Spa Treatment – the bookings and payments are arranged by Actualise using your fees strategically in your plan for full potential. You will be given a minimum of 5 photographers to choose from or 5 spas. The shoot will be for a maximum of 2 hours and the spa a maximum of 6. Actualise will propose an offering to which you can agree or negotiate alternative options within range of initial offering. Should the offer be disregarded by the receiver, future benefits will be forfeited for a period of 12 months.
- 12-month Weekend Getaway – bookings and payments are arranged by Actualise using your fees strategically in your plan for full potential. We will offer 5 locations with various dates to be confirmed within 48 hours. If not confirmed, you will forfeit this offer. Dates for the getaway must be within 6 weeks of the offering.
- 24-month Investment Payout – this fund is begun from day one at a minimum amount of R200 and maximum of R400 per person. This will payout in 2 years from date of commencement unless the following is applicable (these conditions are also applicable to clauses 6.1 and 6.2 above):
- Lapses in subscriptions within the last 6 months
- Limited training (less than 50% of expected volume) in the last 8 weeks either circumstantial or otherwise
- If the contract is terminated before the 24-month period:
- 50% payout of the invested amount will be paid out to contract-holder (This excludes the interest earned on each investment)
- 40% utilized for Actualise product/service/corporate development
- 10% donated to a charity organization of your choice
- This offering is set up in partnership with Wealth Associates SA (Pty) Ltd. – a registered FSP and investment portfolio management company.
- ONLINE/DIGITAL COMPETITION PROTOCOLS & DETAILS
- Enter-To-Win Competitions (Paid):
- Any paid enter-to-win competitions are non-refundable – this is non-negotiable
- A minimum of 20 entries are required for any individual to win such a prize
- Upgrades are available at the regular rates provided on original event pages (and/or enrollment forms)
- Winner/s will be announced at least one week prior to the event as per description on the competition page and/or social media posts
- The decision made by the company is final
- You consent by entering that your name will be shared publicly on the company’s social pages (please contact firstname.lastname@example.org if you wish to avoid this social media ‘hoo-ha’ and wish to remain anonymous
- Social Share Competitions (Free):
- Submission of details:
- Enrollment Details are to be completed thoroughly by individual
- Liking/Following of the relevant social page/s as per post requirements must be done before the cutoff dates
- Instructions to be followed 100% – any instructions not completed will result in immediate withdrawal as an entrant
- A minimum of 100 total engagements are required, albeit likes, comments and/or shares on any or all of our social pages (Twitter, Facebook or Instagram)
- Additional entries can be gained by re-sharing, re-tagging, or other methods of sharing to your network – re-submission of details is not necessary.
- It is my understanding and I have been informed that there exists the remote possibility during exercise of adverse changes including, but not limited to, abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and in very rare instances heart attack, stroke, or even death.
- I further understand and I have been informed that there exists the risk of bodily injury including, but not limited to, injuries to the muscles, ligaments, tendons, and joints of the body.
- Every effort, I have been told, will be made to minimize these occurrences by proper staff assessments of my condition before each personal fitness training session, staff supervision during exercise and by my own careful control of exercise efforts.
- I fully understand the risks associated with exercise, including the risk of bodily injury, heart attack, stroke or even death, but knowing these risks, it is my desire to participate as herein indicated.
- BENEFITS TO BE EXPECTED AND ALTERNATIVES AVAILABLE TO EXERCISE
- I understand that this programme may or may not benefit my physical fitness or general health.
- I recognize that involvement in the personal fitness training sessions will allow me to learn proper ways to perform conditioning exercises, use fitness equipment and regulate physical effort. These experiences should benefit me by indicating how my physical limitations may affect my ability to perform various physical activities.
- I further understand that if I closely follow the programme instructions, that I will likely improve my exercise capacity and fitness level after a period of 3-6 months.
- CONFIDENTIALITY AND USE OF INFORMATION
- I have been informed that the information that is obtained in this personal fitness training programme will be treated as privileged and confidential. This information will consequently not be released or revealed to any person, to the use of any information which is not personally identifiable with me for research and statistical purposes so long as same does not identify my person or provide facts which could lead to my identification.
- Any other information obtained, however, will be used only by the programme staff to evaluate my well-being status or needs.
- ENQUIRIES AND FREEDOM OF CONSENT
- I have been given an opportunity to ask questions as to the procedures before acknowledging the consent.
I have read this Informed Consent form, fully understand its terms, understand that the above is valid indefinitely and may be used as legal documentation if necessary. I commit to it freely and voluntarily, without inducement.