Terms & Conditions

 

The following information defines the conditions for use of Registration of Exercise Professionals in South Africa

These Terms and Conditions apply to any contract made between us in relation to services provided by REPSSA. These conditions are accepted in its entirety by “I accept the Terms and Conditions”.  Any deviations from these Terms and Condition could result in the membership being revoked

By accessing and using the website you agree to be bound by these Terms and Conditions

You acknowledge that:

  1. These Terms and Conditions form an agreement between you and REPSSA;
  2. REPSSA reserves the right to amend these Terms and Conditions from time to time as set out herein;

For information on how to use REPSSA services or membership, or should you have any questions, please contact us via email: info@repssa.com

  1. Membership and Registration:
  • When applying for REPSSA membership, you must ensure that all information you provide is accurate and up-to-date. You acknowledge that it is your responsibility to notify REPSSA of any changes to your information by contacting us via email: info@repssa.com
  • You may only have one profile on the website
  • You give REPSSA permission to verify your details; such as identity, qualifications and any additional documents required by REPSSA
  • You give REPSSA permission to send any relevant mailing documents
  • All personal information provided by you to REPSSA at the time of your registration will be treated in accordance with the Terms and Conditions
  • You must maintain, and are responsible for, the confidentiality of your login and password
    • Members:
      • Membership is open to all exercise and fitness professionals
    • Registration levels are:
      • Group Exercise Instructor:
        An Exercise Professional responsible for leading a planned exercise class with or without music
      • Fitness Instructor:
        An Exercise Professional responsible for orientating members into an exercise setting; able to induct members and supervise members exercise sessions from a pre‐designed exercise programme
      • Pilates Instructor: An Exercise Professional qualified to instruct Pilates mat‐based and/or Pilates equipment‐based exercise sessions to apparently‐healthy populations
      • Personal Trainer: An Exercise Professional qualified to provide advice and a range of exercise training programmes to apparently‐healthy populations. Professional scope of practice includes: pre‐participation risk screening, assessment and sub‐ maximal fitness testing, evaluation of clients’ needs and goals, exercise programme design and instructing safe and effective exercise sessions
      • Exercise Specialist: An Exercise Professional qualified to provide advice and a range of exercise training to apparently‐healthy populations including special populations defined as pregnant clients, children and youth and/or older adults that have been cleared for exercise. Professional scope of practice includes: pre‐participation risk screening, assessment and fitness testing, evaluation of clients’ needs and goals, exercise programme design and instructing safe and effective exercise sessions
      • Sports Coordination Coach: An Exercise Professional qualified to provide advice and a range of exercise training to apparently‐healthy populations who require programmes for athletic conditioning. Professional scope of practice includes: pre‐participation risk screening, assessment and fitness testing, evaluation of clients’ needs and goals, exercise programme design and instructing safe and effective exercise sessions
      • Sport Science Conditioning Specialist: An Exercise Professional qualified in the context of sport performance and athletic conditioning that is able to provide advice, evaluation, assessment and testing for a range of conditioning programmes to apparently-healthy populations. To develop and manage high performance and long-term talent development programmes for athletes of all levels
    • All REPSSA registered Members:
      • hold accredited qualifications
      • are assessed by qualified assessors
      • are committed to their ongoing professional development
      • are legally covered by appropriate insurance
      • hold current First Aid Certification
      • commit to meeting the recognized REPSSA standards
      • REPSSA Instructors are committed to maintaining and developing their knowledge and skills through Continuous Professional Development
      • membership of REPSSA provides assurance and confidence to consumers, employers and Exercise Professionals that all registered exercise professionals are appropriately qualified and have the knowledge, competence and skills to perform specific roles. Members are acknowledged for their professionalism, their adherence to the industry’s standards and their ongoing education
      • members are bound by the Code of Conduct, hold appropriate insurance and First Aid. In order to remain on the Register, members must continue to meet the standards that are set for their profession through Continual Professional Development (CPD)
    • Membership status:
      • ‘Conditional’: Conditional means the Exercise Professional is eligible to register but there may be the following issues with the qualification:
        It may: be out dated / completed in a foreign country / not be accredited or it might not have been mapped to a REPSSA designation by the Institution offering the qualification
        It is thus required that a member on this status ensure to either; contact the institution to map the qualification obtained to a REPSSA designation; or ensure to complete a RPL course (Recognition of Prior Learning) within 12 months of REPSSA certificate issue date
      • ‘Provisional’: This means you have registered and received your membership number to complete your insurance, employment, etc. However, REPSSA have not received part or all the required documentation to complete your application
      • ‘Full’: This means you meet the International REPSSA standard and have all your current documents up to date
      • If none of the requirements outlined by REPSSA are met, REPSSA has the right to refuse to allocate a designation
  1. Services
    • General
      • REPSSA operates an online Registration for Exercise Professionals platform in South Africa, and provides customers with membership, should all the requirements be met, as outlined in this document
    • Paid membership
      • REPSSA reserves the right to change the cost of any service or new membership offered on the website from time to time
      • Any fees paid on registration is an “Application fee” and not a membership fee
      • REPSSA is not responsible should your application be unsuccessful
      • All fee paid is non-refundable
      • Payments are valid for 6 months ONLY
      • Should you fail to submit all information required within 6 months of payment ref:2.2.5, you will be required to submit a new application and any cost associated
      • Services and/or features on the website is non-transferable 
    • Terms of Payment
      • Billing takes place on application for a membership, and will occur again at the start of any renewal term
    • REPSSA Website
      • REPSSA cannot guarantee that access to the website will be error free or uninterrupted
      • Website maintenance will be done from time to time
      • Member access to the website/member account during:
        • Website maintenance
        • Internet failure or;
        • System failure
      • REPSSA reserves the right, in its sole and absolute discretion to block or remove from its website any offensive or incorrect communication or information, and/or any communication or information brought to, or which comes to, its attention which it reasonably suspects infringes any applicable laws, regulations or third-party rights
      • To be able to use the REPSSA service in full, you should use the latest search engine technology and ensure that the necessary settings and installations for use are in place (e.g. activation of JavaScript, cookies). If you are using older or not commonly used technologies, you may have limited use of the website
      • Changes to the website:
        • REPSSA reserves the right to change or discontinue at any time any service or feature of the website
      • Disciplinary Measures:
        • If the Board find a registered person to be in breach of the Code of Conduct, the Board of REPSSA may take disciplinary action
        • Any alleged professional misconduct or avoidance of compliance with the terms of membership of the Register will be referred to the Board which will consider any need for sanctions against an individual member. The appropriate authority(ies) will deal with any criminal allegations
        • In terms of any disciplinary action taken REPSSA may after due inquiry:
          • Suspend or terminate the membership of any member;
          • Reprimand or issue a formal warning; or
          • Take such other action as REPSSA consider an appropriate and proportionate to the issues raised
        • If any party to an alleged misconduct is dissatisfied with a decision of the Board, he or she may lodge an appeal in writing against this decision to the Chairman of REPSSA
  1. Termination, Automatic Renewal and Suspension
    • Termination without cause:
      • A membership application status will remain “pending”: This means that your profile will not be visible or updated until we have received all your documentation and verified it accordingly. Should we not receive your documents your application will be terminated
      • A membership status “Full”: If for the first year, and thereafter, you will need to meet certain requirements on an annual basis to keep your CPD count at a minimum of 12 CPD points. A CPD count of less than 12 points will negatively affect your “Full” Membership status
      • Automatic renewal: In order to provide continuous service, REPSSA renews all paid memberships 30 days before the expiry of the membership term. You acknowledge that you have been made aware of the terms upon which your paid membership will be renewed. If you wish to terminate your paid membership, you must do so by giving written notice to REPSSA prior to the expiry of the paid membership
      • Annual Subscription: Membership fees are paid annually. REPSSA shall determine the annual subscription to be paid by members
      • Members in default shall not be eligible to hold any office of REPSSA nor shall the member be issued with an annual certificate of registration
      • All membership is due for renewal on the anniversary date. Failure to renew membership within 90 (ninety) days from due date shall be terminate
    • Termination with cause:
    • Suspension:
      • If you do not pay fees due within the Terms and Conditions, REPSSA reserves the right to suspend your access / terminate your membership until such time as the outstanding amount is paid in full. In the event of a suspension under this clause, the membership period will not be extended with the period of the suspension

 

  1. Limitation of Liability

For the purposes of this clause, “REPSSA” includes REPSSA, its officers, employees, contractors and agents, whether individually or collectively

You acknowledge that:

  • Your use of the website is at your own risk
  • REPSSA is not responsible for your use of or conduct on the website or that of any other members of the website
  • You agree to release and hold harmless REPSSA from any loss, liability, claim, demand, damage or expense asserted you may incur relating in any way to your use of the website, or your interactions with any person using the website, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, or any other cause of action
  • You agree to indemnify REPSSA for any loss, damage, cost or expense that may incur as a result of your use of or conduct on the website, including but not limited to any breach by you of these Terms and Conditions
  • To the maximum extent permitted by law, the maximum aggregate liability of REPSSA for any claim made by you under or in connection with these Terms and Conditions or otherwise as a result of your access or use (including misuse) of the website will not in any circumstances exceed the lower of: whether such liability arises in contract, tort (including negligence), breach of statutory or fiduciary duty or otherwise
  • To the maximum extent permitted by law, REPSSA excludes any representations and warranties which may apply to your use of the website except as set out in these Terms and Conditions
  • To the maximum extent permitted by law, REPSSA will not be liable to you for:
    • any loss of income, profit, savings or any other form of economic loss; or
    • any indirect, incidental or consequential loss or damage suffered by you or for any punitive damages

This clause will survive termination

 

 

  1. Intellectual Property Rights
    • All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trade-marks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) (whether registered or unregistered) in:
      • Information/content on the website
      • The design of the website, all, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts), are owned by or licenced to REPSSA. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved
      • None of the material listed in the Terms and Conditions may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of REPSSA
      • You may, however, retrieve and display the content of the Website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without the express prior written permission of REPSSA
      • All rights (including goodwill and, where relevant, trade-marks) in the name REPSSA are owned by or licensed to REPSSA. Other product and company names mentioned on the website are the trade-marks or registered trade-marks of third parties
      • Title, ownership rights and intellectual property rights in and to content accessed using the website is the property of the applicable content owner or supplier and may be protected by applicable copyright or other law
      • The authors of the literary and artistic works in the pages in the website have asserted their moral rights to be identified as the author of those works
      • Any material you transmit, post or submit to REPSSA either through the website or otherwise (material) shall be considered (and REPSSA may treat it as) non-confidential (subject to REPSSA’ obligations under privacy legislation). You grant REPSSA a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any material and any Ideas. You hereby waive all moral rights in and to all material and Ideas that you transmit, post or submit to REPSSA in favour of REPSSA
      • All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist which are disclosed or offered to REPSSA by you or offered in response to solicitations by, links to other websites
      • The website may contain links to other websites and to resources provided by third parties (Other Sites). Third parties are linked to provide information only and are solely for your convenience
      • REPSSA has no control over, does not accept and assumes no responsibility for the content or products or services of third parties and does not accept any responsibility for any loss or damage that may arise from your use of them
      • If you choose to access Other Websites, you do so at your own risk and on the Terms and Conditions and in accordance with the privacy policy (if applicable) of third parties
      • The website may also feature advertising by third parties. By allowing third parties to advertise on the website, REPSSA does not make any representations or warranties in respect of or endorse the products or services advertised
  1. Your obligations
    • You acknowledge that you use and access the website at your own risk
    • You alone are responsible for the content you submit to the website or to any other member of the website
    • You warrant to REPSSA that all content you submit to the website is true and correct and relates to you personally
    • You acknowledge that REPSSA has the right, but not the obligation, to verify the accuracy of your content if necessary
    • You warrant that all material and Ideas you transmit, post or submit to REPSSA are original to you, do not violate any law, and that you have obtained all necessary rights in and to such material and Ideas including all of their components (if applicable) to post, upload, or otherwise submit it to or through the website
    • Your membership is for personal use only and not for business or commercial purposes
    • You warrant to REPSSA that any content you submit to the website, including but not limited to photographs, text and software does not breach the intellectual property rights of any third party and you indemnify REPSSA for any loss or damage it suffers as a result of such warranty
    • You must comply with all applicable laws for registration and use of the contact portal
    • You may under no circumstances:
      • intentionally declare the data of third parties (including email address) as your own
      • provide the bank account or credit card information of third parties
      • make personal information, such as names, telephone and fax numbers, residential and e-mail addresses, photo-/video data and / or URLs known to third parties without the consent of its respective owner
      • upload content displaying nudity, images of animals or any cartoon or illustration
      • distribute defamatory, offensive, or otherwise unlawful material or such information
      • threaten or harass other people, or harm the rights (including personality rights) of any third party
      • upload content containing a virus, trojan horse, worm or other destructive, intrusive or disruptive components
      • use the website in a way which affects the availability of offers for other customers adversely
      • intercept e-mails or try to intercept them
      • carry out advertising for other websites or services
      • send chain letters
      • use in your profile names, addresses, telephone or fax numbers, e-mail addresses, user names, or other contact data from messenger services or other Internet services
      • provide or share your login or password with third parties
      • an inadmissible commercial or business use in the sense of this provision is in particular
      • provide any goods or services in return for payment of any kind, the solicitation of making an offer, or a reference to an attainable offer elsewhere
      • make use of commercial internet sites for advertising, particularly those sites that offer chargeable goods or services that are used for displaying or advertising companies or for advertising other commercial web sites. This is especially true for advertising in the form of pop-ups, banner ads or flashy or particularly highlighted links
      • link (directly or indirectly) to the contact portal of another operator
      • search for employees, models, etc. for agencies or for chargeable service providers
      • conduct business of collecting profile data that is accessible within the contact portal or asking about data (e.g. telephone-/mobile number) of other customers, e.g. for the purpose of commercial exploitation, or promotion or resale
      • advertise any service in any form for business offers and the sending of messages that serve a business purpose. This relates in particular to the setting of relevant links in the data profiles or sending messages with the internal communication systems
      • If you breach any of the Terms and Conditions in relation to your obligations, REPSSA can be entitled to require compensation for any resulting damage or expenses
      • REPSSA is entitled but not obliged to review and delete any content, messages, photos, video profiles and profiles that in our sole discretion violates these Terms and Conditions or which might be illegal, offensive, or which may harm or threaten the safety of other members
  1. Complaints
    You may report abuse or inappropriate behaviour by another member or offensive content by sending a detailed email to REPSSA at info@repssa.com
  2. General
    • Force Majeure: For the purposes of this clause, “Force Majeure Event” means any act or event beyond the reasonable control of REPSSA, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks
      • REPSSA will not be liable for any failure to perform or any delay in performance of, any of its obligations under these Terms and Conditions caused by a Force Majeure Event
      • In the event of a Force Majeure Event that results in services being unable to be provided for 14 days or more, either party may terminate this agreement with immediate effect upon written notice to the other and neither party will have the right to claim compensation from the other
  1. Governing Law
    For residents of South Africa, these Terms and Conditions, your use of the website, and all related matters shall be governed solely by the applicable laws of South Africa, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of South Africa in relation to all disputes arising from or related to the Terms and Conditions, your use of the website and any related matters
  2. Relationship of the parties
    The agreement does not create a partnership, joint venture or relationship of principal and agent between the parties
  3. Severance

If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this agreement

  1. Amendments
    • REPSSA reserves the right to restrict, suspend or otherwise change any aspect of these Terms and Conditions, the website and the services. We may modify in whole or in part these Terms and Conditions at any time. In particular, but without limiting the generality of the forgoing, we may modify:
      • services offered on the website
      • the way members participate on the website
      • contact guarantee
      • the provisions relating to termination and renewal of paid memberships
      • the extent permitted by the applicable law, the price of the services
    • In the event that these Terms and Conditions, or any aspect of the services are restricted, suspended or changed, we will provide you with 30 days’ notice before the amendment comes into effect, by:
      • posting the amended Terms and Conditions on the website
      • sending you written notice using your email and/or mailing address
      • setting out the new clause or the amended clause and how it read formerly including the date on which the change will come into effect
      • you may refuse the amendment and rescind, or cancel your membership without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than 30 days after the amendment comes into force, in the manner indicated in the notice. Your continued use of the website following such date will constitute your express consent to any amendments to these Terms and Conditions, or any other aspect of the website or services
  1. Entire agreement
    This agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties
  2. Severability
    If any provision in these Terms and Conditions is deemed to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way