Terms of Service

Effective Date: October 23, 2025
Last Updated: October 23, 2025

💡 In Plain Language

This is a free service. Be kind, don't abuse it, and we'll do our best to provide valuable wellness content. You can leave anytime.

Quick Navigation

By subscribing to Gentle Wellness, you agree to:

  • These Terms of Service
  • Our Privacy Policy
  • Receive wellness emails from us

If you don't agree, please do not subscribe or use our service.

What We Provide (FREE)

  • 3 emails per week (Monday, Wednesday, and Friday mornings)
  • Physical exercises, cognitive activities, social prompts
  • Evidence-based content designed for seniors (60+)
  • No cost, no credit card, no hidden fees

What We Don't Provide

This Service is NOT:

  • Medical advice or treatment
  • A replacement for professional healthcare
  • Physical therapy or rehabilitation services
  • Emergency medical services

Always consult your doctor before starting new exercises.

Who Can Subscribe

  • Are 18 years or older
  • Have a valid email address
  • Agree to these Terms

Parental/Caregiver Consent

Caregivers may subscribe on behalf of elderly parents/relatives if:

  • You have authority to provide their email address
  • The subscriber (elderly person) is informed about the service

Email Confirmation (Double Opt-In)

We require double opt-in for POPIA compliance:

  1. You enter your email address
  2. We send a confirmation email with a link
  3. You click the link to confirm (expires in 24 hours)
  4. Only then do newsletters begin

Why? This ensures no one can subscribe you without your knowledge.

Your Responsibilities

  • Provide a valid email address
  • Keep your email account secure
  • Not use someone else's email without permission
  • Not create fake or temporary email addresses to abuse the service

Our Content

Ownership: All wellness activities, content, design, and branding are owned by Gentle Wellness or licensed to us.

Copyright: © 2025 Gentle Wellness. All rights reserved.

Your License to Use Our Content

You may:

  • Read and follow our wellness activities for personal use
  • Print activities for personal reference
  • Share links to our website with friends and family

You may NOT:

  • Republish our content on other websites
  • Sell or commercialize our activities
  • Remove copyright notices or branding
  • Use our content in a competing service

Exception: Brief quotations for personal sharing are okay (e.g., telling a friend about an exercise).

Be a Good Community Member

Acceptable Use:

  • Subscribe with your own email or with consent
  • Engage with content for wellness purposes
  • Provide honest feedback

Prohibited Activities:

  • Spamming or abusing our subscription form
  • Attempting to hack, disrupt, or overload our systems
  • Using automated tools to scrape our content
  • Subscribing with fake or temporary emails
  • Harassing our team or other subscribers

Violation Result: We reserve the right to terminate your subscription without notice.

⚠️ IMPORTANT MEDICAL DISCLAIMER

This service provides wellness activities for informational purposes only. It is NOT medical advice.

You Should:

  • Consult your doctor before starting any new exercise program
  • Stop immediately if you feel pain, dizziness, or discomfort
  • Follow safety instructions provided with each activity
  • Use your own judgment about what's appropriate for your health

We Are Not Responsible For:

  • Injuries sustained while following our activities
  • Medical conditions that worsen or arise
  • Decisions you make based on our content
  • Your health outcomes

By using this service, you acknowledge that:

  • All physical activities carry inherent risk
  • You participate at your own risk
  • You have consulted (or will consult) your healthcare provider
  • We are not liable for injuries or adverse health events

🚨 In Case of Emergency

Emergency: 10177 or 112
Ambulance: 10177

Evidence-Based Content

While our activities are based on credible health sources (cited in each activity), they are:

  • General wellness information (not personalized medical advice)
  • Not a substitute for professional healthcare
  • Reviewed but not endorsed by medical professionals

Service Provided "As Is"

Gentle Wellness is provided FREE of charge with no warranties.

We strive to provide quality content, but we cannot guarantee:

  • Uninterrupted service (technical issues may occur)
  • Error-free content (we're human!)
  • Specific health outcomes
  • Compatibility with all email clients

In Legal Terms: TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Our Liability is Limited

Because this is a free service, our liability is limited:

TO THE FULLEST EXTENT PERMITTED BY SOUTH AFRICAN LAW:

We are NOT liable for:

  • Injuries from physical activities
  • Medical conditions arising from or worsened by use of our service
  • Lost profits or business opportunities
  • Indirect, incidental, or consequential damages
  • Damages exceeding R100 (one hundred rand)

Exceptions

This limitation does not apply to:

  • Death or personal injury caused by our gross negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be excluded by law

You agree to indemnify and hold harmless Gentle Wellness, its team, and service providers from any claims, damages, or expenses arising from:

  • Your violation of these Terms
  • Your violation of any rights of another person
  • Your use of the service in a negligent or unlawful manner

In Simple Terms: If you break the rules and someone sues us because of it, you're responsible.

You Can Leave Anytime

You may terminate by:

We Can Terminate for Cause

We may terminate your subscription if you:

  • Violate these Terms
  • Abuse our service
  • Engage in fraudulent activity
  • Use the service in a way that harms others

Notice: We will email you before termination unless immediate action is necessary for security.

We May Update These Terms

We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting to our website.

For Material Changes (affecting your rights or obligations):

  • We will send email notification to all active subscribers
  • Changes effective 7 days after notification (not 30 days)
  • Continued use after notification = acceptance of new Terms

Your Responsibility:

  • Check this page periodically for updates
  • "Last Updated" date shown at top of page
  • If you don't agree with changes, unsubscribe before effective date

Your Options:

  • Continue using the service = acceptance of new Terms
  • Unsubscribe if you don't agree with changes (no penalty)

Governing Law

These Terms are governed by the laws of the Republic of South Africa.

Step 1: Informal Resolution (Required First Step)

Before taking legal action or arbitration, please contact us:

Email: support@gentlewellness.co.za

We commit to resolving disputes amicably within 30 days.

Step 2: Mandatory Binding Arbitration

If informal resolution fails, disputes MUST be resolved through binding arbitration before court action.

This saves both parties time and money compared to traditional court proceedings.

Arbitration Terms:

  • Arbitrator: Arbitration Foundation of Southern Africa (AFSA)
  • Rules: AFSA Expedited Arbitration Rules
  • Location: Johannesburg, Gauteng (or mutually agreed location)
  • Language: English
  • Costs: Each party pays their own costs; arbitrator fees split equally
  • Decision: Final and binding on both parties

Small Claims Exception:

  • Disputes involving R15,000 or less may be filed in Small Claims Court as an alternative
  • Consumer choice: arbitration OR small claims court

Rights Preserved:

  • Right to legal representation in arbitration
  • Right to present evidence and witnesses
  • Right to appeal arbitration award (only for procedural errors, per Arbitration Act)

Step 3: Court Action (Only After Arbitration)

If arbitration does not resolve the dispute:

  • Jurisdiction: South African courts (Gauteng Province)

Important: Courts may refuse to hear case if mandatory arbitration was not attempted first.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gentle Wellness.

No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

Assignment

We may assign these Terms to a successor organization. You may not assign your rights under these Terms.

Language

This agreement is in English. If translated, the English version controls in case of discrepancies.

Consumer Protection Act (CPA) Compliance

Under the Consumer Protection Act, 2008:

You have the right to:

  • Fair and honest dealing
  • Disclosure of information
  • Protection from unfair marketing
  • Cancellation rights (unsubscribe)

POPIA Compliance

This service complies with the Protection of Personal Information Act (POPIA), 2013.

Your POPIA rights are detailed in our Privacy Policy.

Information Officer:

Contact: privacy@gentlewellness.co.za

Responsible for ensuring POPIA compliance

Not a Substitute for Professional Care

IMPORTANT HEALTH NOTICE:

This service provides general wellness information for educational purposes. It is not intended to:

  • Diagnose, treat, cure, or prevent any disease
  • Replace professional medical advice
  • Create a doctor-patient relationship
  • Provide personalized health recommendations

Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition.

🚨 In case of emergency, call:

Emergency: 10177 or 112
Emergency from mobile: 112
Ambulance: 10177

Never disregard professional medical advice or delay seeking it because of information from Gentle Wellness.

Acknowledgment

By clicking "Subscribe" or "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

Questions About These Terms?

Email: legal@gentlewellness.co.za

Subject: "Terms of Service Question"

We're happy to clarify any provisions.

Last Updated: October 23, 2025

Version: 1.0

Next Review Date: October 23, 2026

© 2025 Gentle Wellness. All rights reserved.

Helping South African seniors stay active, sharp, and connected.