Terms & Conditions

Please read these Terms carefully. Clauses printed in bold limit our liability, place risk on you, or require you to indemnify us. The Consumer Protection Act requires us to draw them to your attention.

1. About these Terms

1.1 These Terms & Conditions (“Terms”) are an agreement between you and Monique Cloete, a sole proprietor trading as Instead Nutrition (“Instead”, “we”, “us”, “our”).

1.2 They apply to your use of the website www.instead.co.za (“the Website”) and the web application at app.instead.co.za (“the App”), together “the Services”.

1.3 The following documents form part of these Terms: the Cancellation & Refund Policy and the Health & Nutrition Disclaimer. Our Privacy Policy explains how we handle your personal information.

1.4 By creating an account, ticking the acceptance box at registration, or using the App, you agree to these Terms. If you do not agree, do not create an account or use the App. Browsing the Website is subject to clauses 7, 8, 10 and 13.

1.5 Nothing in these Terms limits any right you have under the Consumer Protection Act 68 of 2008 (“CPA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) or any other law that cannot lawfully be excluded.

2. Supplier information

As required by section 43 of ECTA:

• Full name and legal status: Monique Cloete, sole proprietor, trading as Instead Nutrition
• Physical address: [Pretoria East, Gauteng, South Africa: full address to be added]
• Email: info@instead.co.za
• Telephone / WhatsApp: 063 906 4248
• Websites: www.instead.co.za and app.instead.co.za
• VAT: not registered for VAT
• Address for legal notices: the physical address above, or info@instead.co.za

 

3. Who may use the App

3.1 You must be 18 years or older to create an account. By registering, you confirm that you are.

3.2 You must give accurate information when registering and keep it up to date, including the gender, date of birth, height and weight used by our calculators.

3.3 Your account is personal to you. Keep your password confidential and tell us immediately at info@instead.co.za if you suspect someone else has used your account. You are responsible for activity on your account unless it results from our own failure to keep the App secure.

4. The Services

4.1 The App provides recipes, a weekly meal planner, shopping lists, a nutritional diary, calorie and macro calculators, and tools to track progress, activity and water intake. The Website provides information about Instead and a selection of free recipes.

4.2 Instead provides general lifestyle and nutrition information only. Instead is not a medical, dietetic or health-care service. Your use of the Services is subject to the Health & Nutrition Disclaimer.

4.3 We may add, change or remove features, recipes and content to improve the Services. If a change materially reduces what you pay for, we will tell you in advance, and you may cancel under clause 6.

4.4 We aim to keep the Services available at all times but do not guarantee uninterrupted access. Maintenance, hosting outages or events beyond our control may cause temporary interruptions.

5. Subscriptions, prices and payment

5.1 Monthly subscription. Access to the App costs R70.00 per month (“the Monthly Subscription”), unless a different price is shown to you at checkout. The first payment is taken when you subscribe, and the subscription renews automatically every month on the same day until you cancel.

5.2 Once-off programmes. We may offer once-off programmes, such as the 8-Week Challenge (R500.00 once-off, giving 8 weeks of access to the programme). The price, duration and content are shown before you pay.

5.3 Payment processing. Payments are processed by PayFast (Pty) Ltd. We do not receive or store your card details. You authorise PayFast to charge your chosen payment method for the first payment and each monthly renewal.

5.4 Discount codes. A discount code applies on the terms shown when it is offered, including its expiry date. Unless stated otherwise, a percentage discount code applies to your first payment and to every renewal for as long as that subscription stays active without interruption. If you cancel and later subscribe again, the discount does not carry over. Only one discount code can be used per subscription, and codes have no cash value.

5.5 Price changes. We may change the price of the Monthly Subscription. We will give you at least 30 days’ notice by email before a new price applies to you, and you may cancel before it takes effect.

5.6 Invoices and VAT. Instead is not registered for VAT, so no VAT is charged. An invoice for every payment is available on the Billing page of the App.

5.7 Failed payments. If a monthly payment fails, PayFast may try again. If the payment is not received within 7 days of its due date, your access to the App is paused until payment is made. Your data is kept while access is paused, and access is restored automatically once PayFast confirms payment.

5.8 Updating your card. To change the card used for your subscription, use the “Update Card” button on the Billing page or email info@instead.co.za, and we will arrange for PayFast to send you a secure update link.

6. Cancellation and refunds

6.1 You may cancel your Monthly Subscription at any time, without penalty, by:

• using the “Cancel Plan” button on the Billing page, which sends us your request by email;
• emailing info@instead.co.za from the email address on your account; or
• using the cancellation link in the monthly payment email from PayFast.

6.2 We confirm every cancellation request within 2 business days. After you cancel, no further payments are taken, and you keep access until the end of the month you have already paid for.

6.3 Refunds, including your cooling-off right under section 44 of ECTA, are set out in the Cancellation & Refund Policy.

6.4 We may suspend or close your account if you materially breach these Terms, for example by sharing your login, copying our content for commercial use or misusing the App. Where the breach can be remedied, we will first give you written notice and a reasonable chance to do so. If we close your account for reasons other than your breach, we will refund any amount you have paid for a period you can no longer use.

7. Our content and how you may use it

7.1 All content on the Services, including recipes, nutritional calculations, meal plans, text, photographs, graphics, logos, the Instead name and the design of the Website and App, belongs to Instead or its licensors and is protected by copyright and other intellectual-property laws.

7.2 We grant you a personal, non-exclusive, non-transferable licence to use the content for your own, non-commercial use.

7.3 You are welcome to share links to our free Website recipes, and to share a recipe with friends and family, provided Instead is credited and a link to www.instead.co.za is included.

7.4 You may not, without our written permission:

• copy, scrape, download in bulk or republish our recipe library, meal plans or nutritional data;
• sell, license or include our content in any book, app, programme, course or other commercial product or service; or
• share content that is only available inside the App with people who do not have their own account.

8. Acceptable use

You agree not to:

• use the Services for any unlawful purpose;
• share your account or login details with anyone else;
• try to gain unauthorised access to the App, other users’ accounts or our systems, or interfere with their operation;
• upload anything harmful, offensive or that infringes another person’s rights; or
• use automated tools to access or copy the Services.

9. Your information

9.1 We process your personal information, including health and body information that you choose to record, in line with our Privacy Policy and the Protection of Personal Information Act 4 of 2013 (“POPIA”).

9.2 You are responsible for the accuracy of the information you enter. Calculations and suggestions in the App depend on it.

10. Health and nutrition

10.1 The Services provide general information and estimates only. They are not medical advice, diagnosis, treatment or medical nutrition therapy, and they do not replace advice from a doctor or registered dietitian. Instead and its founder are not registered health-care practitioners.

10.2 Recipes are not formulated for allergies or intolerances, and no recipe is guaranteed to be free from any allergen. Recipes may contain or come into contact with common allergens such as nuts, peanuts, dairy, eggs, gluten, soy, fish and shellfish. Always check product labels.

10.3 Nutritional values are estimates calculated from product labels and reference data. Actual values vary with brands, product reformulations, portion sizes and cooking methods.

10.4 The App does not allow daily calorie targets below 1,200 kcal for women or 1,500 kcal for men.

10.5 You choose whether and how to follow any recipe, plan or target, and you do so at your own risk. You should consult a doctor or registered dietitian before making significant dietary changes, and you must do so first if you are pregnant or breastfeeding, have diabetes or any other medical condition, take medication, or have a history of disordered eating.

10.6 We make no promise of any particular weight, health or body-composition result. Results depend on many factors outside our control.

11. Limitation of liability

11.1 To the extent permitted by law, Instead is not liable for any loss, damage, injury or illness arising from:

• your use of, or reliance on, any recipe, nutritional value, calculation, meal plan or other content;
• any allergic reaction or intolerance;
• inaccurate information that you provide, or changes made by manufacturers to their products;
• interruptions to, or errors in, the Services; or
• indirect or consequential loss, including loss of income or data.

11.2 To the extent permitted by law, our total liability to you for any claim relating to the Services is limited to the total fees you paid to Instead in the 3 months before the event giving rise to the claim.

11.3 Nothing in these Terms excludes or limits our liability for gross negligence, fraud, or any liability that cannot be excluded or limited under the CPA or other law.

11.4 You indemnify Instead against any claim by a third party arising from your breach of these Terms or your misuse of the Services.

12. Changes to these Terms

12.1 We may update these Terms, for example when we add features or when the law changes. The “Last updated” date shows the current version.

12.2 If we make a material change, we will tell you by email or in the App at least 14 days before it applies, and we will ask you to accept the updated Terms when you next log in. If you do not agree, you may cancel your subscription under clause 6 before the change takes effect.

13. General

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

13.2 Complaints and disputes. If you have a complaint, please email info@instead.co.za first. We confirm receipt within 2 business days and aim to resolve complaints within 14 days. This does not affect your right to approach the National Consumer Commission, a consumer court, an ombud or a court with jurisdiction. You consent to the jurisdiction of the Magistrates’ Court for any dispute, even if the amount in dispute exceeds its usual monetary limit.

13.3 Notices. We send notices to the email address on your account. You may send notices to info@instead.co.za or the address in clause 2.

13.4 Severability. If any clause is found to be invalid or unenforceable, the rest of these Terms remain in force.

13.5 Whole agreement. These Terms, together with the documents listed in clause 1.3, are the entire agreement between you and Instead about the Services.

13.6 No waiver. If we do not enforce a right immediately, we have not given it up.

13.7 Affiliate programme. Our affiliate programme is by invitation only and is governed by a separate affiliate agreement.

13.8 Contact. Instead Nutrition, info@instead.co.za, 063 906 4248.