Website & Terms of Use and Participation in the "Last Cycle Challenge " Program

("The Terms")Company Name: SMARTEDU HOLDINGS (PTY) LTD Company Registration Number:2024/453988/07

("The Company" and/or "Website Owner")We welcome you to the Last Cycle Challenge  ("The Platform") and/or the Last Cycle Challenge social pages (collectively referred to as "The Website"). By registering for our platform and participating in the program(s) listed in Appendix A (collectively, "The Program"), you agree to these Terms.To ensure we provide you with professional and efficient service, please carefully read these Terms of Service. Your registration for the program constitutes your full acceptance of these Terms and their contents.

1. General Terms

1.1. Gender-Neutral Language

The terms in this document are written in masculine form but apply equally to all genders.

1.2. Acceptance of Terms

By using or visiting the website and registering for the program, you agree to all provisions and conditions set forth in these Terms, the Privacy Policy, and any other content published on the website, including external links.These Terms of Use apply unconditionally to every user and visitor of the website ("User(s)" and/or "Registrant(s)").By accessing the website, you confirm that you have read and understood these Terms.

1.3. Legal Agreement

By accepting these Terms, you enter into a binding participation agreement with the company under the conditions outlined herein ("The Services").

1.4. Obligation to Review the Terms

You must read these Terms carefully before using the website or registering for any program.If you do not agree with any part of these Terms, you must not use the website or its services.

1.5. Consent to the Terms

Using the website and/or registering for a program constitutes your full agreement with these Terms.

1.6. Legal Basis

These Terms govern all usage of the website and serve as the legal basis for any dispute between you and the company.Therefore, it is your responsibility to read this document in full.

1.7. Company Rights to Modify Services

The company reserves the right to modify, update, suspend, or terminate the website and its services at any time, with or without notice.The company will make reasonable efforts to ensure that the website remains operational, but does not guarantee uninterrupted service.Despite these efforts, website access and functionality may be interrupted, suspended, or delayed due to external factors beyond the company’s control.Users agree not to hold the company liable for any direct or indirect damages caused by modifications, updates, or service interruptions.

1.8. Conflict Between Documents

If there is any contradiction between these Terms and other published materials, these Terms shall take precedence.

1.9. Illustrative Media

All images and videos displayed on the website are for illustration purposes only.Some content may depict personal experiences from users but does not constitute personalized medical or professional advice.

1.10. Section Headings

The headings in this document are for readability only and do not affect the interpretation of these Terms.

1.11. Compliance with Updated Terms

The registrant agrees to comply with all updated versions of these Terms, as they may be revised and published periodically.The company reserves the right to update and change these Terms at any time, for any reason.

1.12. Payment Requirement

Participation in the program is conditional on full payment of the applicable fees.The registrant must settle all payments and agree to the payment terms at the time of registration.

1.13. Registration Methods

Registration is conducted via the website or any other method the company announces in the future.

1.14. Disclaimer – No Medical, Dietary, or Legal Advice

The registrant acknowledges that the content of the program does not constitute medical, dietary, legal, or professional advice.The program is not a substitute for consulting a licensed healthcare professional, nutritionist, or lawyer.The company assumes no liability whatsoever regarding the program.The registrant understands this and takes full responsibility for their participation in the program and the content provided.The registrant waives any claims, demands, or legal actions against the company regarding the program or any content offered through it.

1.15. Eligibility for Website Usage

Only users who meet at least one of the following conditions may take actions on the website:

1.15.1. Adults with ****Identification

A male or female aged 18 or older, 

1.15.2. Minors & Legal Guardianship

A minor aged 16-18 ("Minor").A person who is legally incapable of performing legal actions without a guardian’s approval ("A Person Under Guardianship").If the user is a minor or a person under guardianship, they must obtain the express consent of their legal guardian ("The Representative").This approval is required for all actions on the website, including:Registering for the program.Making purchases.Subscribing to the newsletter.Registering on the website.Providing personal details.Consenting to receive marketing communications.Accepting the Terms of Use.

2. The Program

2.1. Program Coverage

The provisions of these Terms apply to all programs detailed in Appendix A.Full details of each program are outlined in Appendix A.

2.2. Payment Terms

2.2.1. Currency & Taxation

The program price is displayed in South african randThe price includes VAT, as required by law.A tax invoice/receipt will be issued upon payment.

2.2.2. One-Time Payment

Payment for the program is a one-time fee.The fee must be paid in full at the time of registration.

3. Payment Methods

Payments may be made via: Credit card, with the option for installment payments (depending on the selected program). Bank transfer, to the company's designated account (bank details will be provided via telephone).Payment details will be displayed on the checkout page of the website.

3. Program Enrollment & Health Declaration

3.1. Eligibility for Enrollment

Anyone interested in joining the program may do so, provided they accept the full Terms of Service.Enrollment is subject to company approval and requires signing a Health Declaration (attached as Appendix B).

3.2. Mandatory Health Declaration

Participation in the program is subject to the accuracy of the Health Declaration.By registering, the participant confirms that the Health Declaration is truthful and correct at the time of enrollment.The participant agrees that throughout the entire program duration, the Health Declaration remains valid.The participant must immediately report any changes in their health status.If the Health Declaration is no longer valid, the company may terminate participation at its sole discretion.

3.3. Registration Process

To enroll, the registrant must:

- Complete the registration form on the website.

- Confirm that they have read and understood these Terms.

- Sign the Health Declaration.

- Pay the registration fee on the website.

3.4. Updating Personal Information

The registrant must update the company regarding any changes to their personal details.Updates can be sent via:WhatsApp or phone calls at Email: The company is not responsible for any failure to receive:- Promotions.- Special offers.- Any other notifications due to outdated or incorrect personal details.

4. Declarations and Commitments of the Registrant

4.1. Personal and Non-Transferable Registration

The registration for the program is personal and non-transferable.The registrant may not transfer, share, or allow another person to use their registration in any form.

4.2. Confirmation of Understanding

By registering for the website and the program, the registrant declares that they have carefully read and understood these Terms.The registrant confirms that they fully understand the program details after conducting all necessary inquiries and receiving answers to their questions.The registrant freely and voluntarily agrees to all obligations set forth in these Terms.

4.3. No Medical, Dietary, or Professional Advice

The registrant acknowledges that the information provided in the program is not medical, dietary, or professional advice.The content does not serve as a substitute for professional consultation.The company makes no guarantees regarding:The effectiveness of the program.Weight loss success or the amount of weight loss (if any).The registrant waives any claims against the company regarding program outcomes.

4.4. Sole Responsibility for Actions

Any actions taken by the registrant based on information from the program or website are made at their own risk and responsibility.The registrant waives any claims or demands against the company related to reliance on the information provided.

4.5. Confidentiality Obligation

The registrant agrees to maintain complete confidentiality regarding: - The program content and methodologies. - The tools and techniques provided within the program. - Any other information received through participation in the program.The registrant may not disclose or share this information with any third party under any circumstances.The information may only be used for personal purposes, not for commercial or external use.

4.6. Intellectual Property Rights

The registrant acknowledges that all materials on the company’s website and within the program, including: - Trademarks - Written content - Images and videos - Digital publications - Any other proprietary data Belong exclusively to the company and are protected by intellectual property laws.The registrant is not permitted to use these materials for any purpose without prior written approval from the company.

4.7. Prohibition on Copying or Unauthorized Use

Any copying, duplication, or unauthorized use of program materials is strictly prohibited.The registrant agrees not to misuse any program content.The registrant acknowledges that any unauthorized use of the materials may:Cause financial and reputational damage to the company.Violate the company’s legal and moral rights.Expose the registrant to legal claims and legal action by the company.

4.8. Protection of Company Reputation

The registrant agrees not to engage in any actions—directly or indirectly—that could damage: - The reputation of the company. - The company's brand image and goodwill. - The company's business operations.

4.9. Prohibited Activities

The registrant agrees not to engage in any of the following activities:

- Uploading, sending, or transmitting any files containing computer viruses or harmful code designed to disrupt or limit website operations.

- Spamming or flooding the company’s servers with excessive messages.

- Infringing on copyrights, trademarks, or other proprietary rights of the website.

- Embedding the company’s website within another website or presenting any part of it as part of another online platform.

- Using the website for any illegal or harmful activities.

4.10. Non-Accredited Information Disclaimer

The registrant acknowledges that the information provided in the program:Is not recognized by any academic institution, medical authority, or regulatory body.Is independently developed by the company based on its own experience.Is proprietary information belonging solely to the company.The registrant waives any claims, demands, or legal actions against the company regarding the program’s accreditation or recognition.

4.11. Limited Access to Program Content

The registrant acknowledges that all materials available on the company's website, including program content, images, videos, and other related materials ("The Content"), will be accessible only during the program period.After the program ends, the company reserves the right to restrict access to the content.The content remains the exclusive property of the company, and the registrant is not granted any ownership rights beyond viewing access during the program.The registrant waives any claims, demands, or legal actions against the company regarding content ownership or access.

5. Liability

5.1. General Limitation of Liability

The company shall not be liable for any damage, loss, expense, or harm, whether direct or indirect, suffered by the registrant due to:Participation in the program.Use of any information provided in the program.Any action taken by the registrant based on program materials.Any reliance on program content.

5.2. Liability Cap

If, despite the above, a court of law determines that the company is liable to the registrant, then:The company’s total cumulative liability (including for damages, losses, legal remedies, and costs, including reasonable attorney fees) shall be limited to the actual amount paid by the registrant for the program.The company shall not be liable for any indirect, consequential, special, or punitive damages.

5.3. No Responsibility for Use of Acquired Knowledge

The company is not liable for how the registrant uses the knowledge, skills, or information obtained through the program.

5.4. Right to Cancel or Modify the Program

The company reserves the right to: - Cancel the program. - Terminate a registrant's participation. - Close the program at any time.Such actions may be taken at the company’s sole discretion, with a minimum two (2) days' notice provided to the registrant.

5.5. No Liability for Unauthorized or Fraudulent Transactions

The company is not responsible for:Unauthorized use, misuse, or fraud involving the payment method used to purchase the program.Any third-party fraudulent activity related to program payments.

5.6. Website Content Accuracy

The company makes reasonable efforts to ensure that the website and its content are accurate, complete, and up-to-date.However, the company does not guarantee the accuracy of the information provided.The registrant acknowledges that the company cannot fully control the security and content of the website.As such, the company is not liable for the security, reliability, or accuracy of website content.

5.7. User Responsibility for Content Evaluation

The registrant is responsible for evaluating the website content and determining its reliability.Any risks, damages, or consequences resulting from the use of website content—including decisions made based on program information—are solely the responsibility of the registrant.

5.8. Third-Party Links and External Websites

The website may contain links, hyperlinks, or banners to external websites.The company does not control, monitor, or verify the legality, security, or reliability of these external sites.The company is not responsible for:- Intellectual property rights or any other third-party rights related to content published on linked websites.- Any content, services, or information provided by third-party websites.- The security and privacy policies of external websites.

5.9. No Responsibility for Third-Party Websites

The company is not responsible for how users interact with links provided on the website.The company does not control external pages or third-party websites linked from its platform.Users agree to comply with the terms and conditions of any external websites they visit.Any issues, disputes, or claims related to those websites must be addressed directly with the website operators.

5.10. No Liability for Illegal or Unauthorized Activities

The company is not responsible for any illegal activities conducted by users on the website.The company is not liable for any fraudulent activities conducted by individuals impersonating registered users.The website owner shall not be held responsible for any actions taken by third parties who are beyond its control.

5.11. No Guarantee of Program Results

The company makes no guarantees regarding: - The knowledge and skills participants will gain. - The achievement of personal goals or targets. - Health improvements or physical results following the program.Participants waive any claims or lawsuits against the company in relation to the appearance or non-appearance of specific results during or after the program.

6. Cancellation Policy

6.1. Right to Cancel

A user who has purchased a service on the website (as defined in these Terms) has the right to cancel their transaction in accordance with the Consumer Protection Law, and its accompanying regulations ("Consumer Protection Law").The cancellation policy follows the guidelines detailed below.

6.2. Cancellation Window

Registration for the program may be canceled within 30 days from the start date of the program cycle for which the participant enrolled and made payment.

6.3. How to Submit a Cancellation Request

Users may submit a cancellation request ("The Request") through any of the following methods: 6.3.1. Via Phone or WhatsApp: 6.3.2. Via Email: 6.3.3. Required Information in the Cancellation Request:Full NamePhone Number or Email Address for ContactReason for Cancellation

6.4. Cancellation Fee & Refund Policy
6.4.1. Refund Calculation

If a user cancels their registration, the refund will be calculated according to the below:

Within 30 days from the start of the program cycle

Full refund of the total amount paid with no cancellation fee deducted.
6.5. General Provisions
6.5.1. Cancellation Period

A user may cancel their transaction within 30 days from the date of receiving the service, as stated in Row 1 of the table above, and will be entitled to a full refund with no cancellation fee.

6.5. General Provisions
6.5.1. Cancellation Period
A user may cancel their transaction within 30 days from the date of receiving the service, as stated in Row 1 of the table above, and will be entitled to a full refund with no cancellation fee.
6.5.2. Refund Conditions

The company will refund the user the full payment made if the cancellation occurs within the first 30 days.

6.6. Cancellation by the Company

6.6.1. The Company's Right to Cancel a Purchase

The company may cancel a user's purchase of services at its sole and absolute discretion, in any of the following cases:

6.6.1.1. Technical Failures

If the company is unable to operate the website properly, including in cases of technical malfunctions.

6.6.1.2. Service Unavailability

If the company is unable to provide the services for any reason.

6.6.1.3. Errors in Service Details or Pricing

If a clerical or technical error occurs on the website, including incorrect: - Service descriptions - Pricing of services

6.6.1.4. Inability to Fulfill Commitments

The company may cancel a purchase if it is unable to meet any other obligation as specified in the Terms of Use.

6.6.2. Company’s Right to Suspend or Terminate Services

The company reserves the right to suspend or permanently terminate: - The operation of the website, - The sale of services (in full or in part), or - The participation of a registrant in the program,At any time and for any duration, at its sole discretion.This includes cases where the registrant engages in:- Any form of violence (verbal or physical).- Inappropriate language in program discussion groups.- Health conditions that conflict with the statements made in the Health Declaration.- Other health concerns as determined by the company (even if not stated in the Health Declaration).- Moral incompatibility with the program's principles.The registrant waives any claims or demands against the company regarding such actions.

6.6.3. Termination Due to Policy Violations

The company may terminate a registrant’s participation in the program if they:- Violate the commitments set forth in these Terms.- Fail to comply with the company’s rules and policies.- Fail to make full or partial payments for the program.In such cases, the registrant is not entitled to a full or partial refund.

7. Intellectual Property

6.7. Ownership of Website Content

The website and all its contents—including copyrights, patents, trade secrets, designs, applications, graphics, files, code, program materials, images, and trademarks ("The Content")—are the exclusive property of the company or third parties who have granted permission to use them.The content is protected under national and international copyright and intellectual property laws.

6.8. Prohibition on Unauthorized Use

The website and its content are provided "as is" (AS IS).It is strictly prohibited to use any part of the website or its content for:- Commercial purposes- Copying, duplicating, or marketing- Public distribution or translation- Modification, reproduction, or transmission- Broadcasting, publishing, or reselling- Any other unauthorized useSuch actions may not be taken without the prior express written consent of the company.

6.9. No Implied License or Rights

Nothing on the website grants any license or right—expressly or implicitly—to use the company’s trademarks without prior written approval.

7. Privacy Policy

7.1. Commitment to User Privacy

The company respects the privacy of all website visitors.Users can review the full Privacy Policy on the website.

8. Consent to Receive Advertisements and Marketing Information

8.1. Subscription to Marketing Communications

The company offers users the opportunity to receive newsletters, promotions, discounts, and marketing content, including advertisements as defined in the Telecommunications ("The Messages" and "The Law," respectively).Registration on the website and/or for the program requires users to enter the necessary details on the website.By providing these details, the user expressly consents to receive such messages via various electronic means, including: - Automated dialing systems - Email - SMS (text messages) - Other electronic communication channelsThe user also agrees to provide their personal information, including home address, allowing the company to send benefits if it chooses to do so.

8.2. Opt-Out of Marketing Communications

The registrant acknowledges that the company intends to continue sending marketing information, including: - Advertisements - Product offers - Event invitations - Promotional deals - Other relevant updatesIf a registrant does not wish to receive these messages, they may notify the company at any time by:Sending a written notice to the company.Leaving a message with identifying details and a callback number at the customer service number:.Clicking the "Unsubscribe" button in email messages.Sending an email requesting removal to 

9. Indemnification

9.1. User’s Obligation to Indemnify

The user agrees to indemnify the company for any claims, demands, damages, losses, profit loss, payments, or expenses that may arise due to: - Violation of these Terms - Breach of any law - Legal defense against claims - Legal actions initiated by third partiesThis includes legal fees and court costs.

9.2. Immediate Payment of Damages

Without limiting the above, the user shall immediately pay any damages resulting from their responsibility, upon written demand from the company.

10. Accessibility

10.1. Website Accessibility for Users with Disabilities

The website utilizes accessibility software to enhance browsing for users with disabilities.The company is committed to ensuring an optimal browsing experience for all users.

10.2. Limitations of Accessibility Efforts

Despite efforts to make the website fully accessible, some pages may not yet be fully adapted or may not have suitable technological solutions.The company regrets any inconvenience caused by this and is actively working to improve website accessibility as part of its genuine commitment to all users.

11. Miscellaneous

11.1. Accuracy of Registration Information

The registrant declares that all details provided during registration are correct and accurate.The registrant agrees to update the company on any changes to their information.

11.2. Non-Transferability of User Rights

The registrant may not transfer or assign their rights and/or obligations under this agreement, in whole or in part, to any third party.

11.3. Company’s Right to Assign Rights

The company may transfer its rights and/or obligations under these Terms, in full or in part, to any third party, at its sole discretion and without prior notice.This includes partial, recurring, or additional transfers, at the company's discretion.

11.4. Company’s Right to Modify the Program

The company reserves the right to make changes to the program at its sole discretion, including: - Modifying how content is presented in the program. - Changing the program format, content, or teaching methods. - Adjusting how program materials are delivered. - Suspending the program or any part of it, even during an active session.

11.5. Confirmation of Understanding & Agreement

The registrant confirms that they have read the Terms before enrolling in the program.By registering for the program, the registrant declares and confirms that they: - Have read and understood these Terms. - Agree to all conditions set forth. - Acknowledge the meaning and implications of the Terms. - Waive any claims, demands, or legal actions against the company regarding the registration conditions or program policies.

11.6. Commitment to Company Policies

The registrant agrees to comply with all company policies and guidelines.The registrant acknowledges that these policies may be updated periodically and agrees to abide by future changes.

11.7. Governing Law & Jurisdiction

These Terms, including any modifications, as well as the use of the website, are subject to the laws of the State of south africa Any disputes or legal matters arising from the use of the website shall be addressed exclusively in the competent courts 

11.8. No Waiver of Rights

Any delay or omission by the company in exercising its legal rights under these Terms shall not be considered a waiver of those rights.

Appendix A – The Programs

Programs for New Clients Using the Method

"Last Cycle Challenge " Program

12. Program Details

12.1. Program Name:

Last Cycle Challenge

12.2. Program Description:

The program is a gradual coaching plan that delivers content via a mobile application.Content includes: - Videos - Tasks - Recommendations - Recipes - Tips - Exercise and/or workout suggestionsIn addition to online content, the company provides support from program coaches via the app within 24 hours of inquiry (excluding Saturdays,Sundays holidays, and other official public holidays).The company may (but is not obligated to) maintain communication via WhatsApp.The company reserves the right to change the communication platforms as needed.

12.3. Program Duration ("Program Cycle")

The program lasts 13 weeks.After registering, the company will inform the user of the next available program cycle start date.

12.4. Program Price

As of January 20, 2025, and until further notice, the cost of the program is 1,990 ZARThis is a one-time payment due at the time of registration for the 13-week program.

12.5. Subscription Freeze at Customer’s Request

A participant may freeze their subscription for up to 6 months, provided they submit a written request to the company in advance.The freeze option is only available until the 7th week of the program.

- 12.5.1. One-Time Freeze Limit

Each participant may freeze their subscription only once per program.

- 12.5.2. Reinstating Participation After Freeze

It is the participant’s responsibility to notify the company in writing when they wish to resume the program.The company will reactivate the participant from the start of the program.

- 12.5.3. Reinstatement Subject to Availability

Returning to the program after a freeze is subject to program availability at the time of reactivation.