Refund and Cancellation Policy

Last Updated: September 29, 2025

This Refund and Cancellation Policy complies with the Consumer Protection Act, 2008 (CPA) of South Africa.

1. Cooling-Off Period

1.1 Five-Day Cooling-Off Right

In accordance with Section 16 of the CPA, you have the right to cancel any transaction with us within five (5) business days after the date of receiving our Services or entering into the agreement, without reason or penalty.

1.2 How to Exercise Cooling-Off Right

To cancel within the cooling-off period:

Provide written notice via email to info [at] davewatkeys [dot] com or in writing to our physical address
Include your name, contact details, and service/subscription details
Submit the notice within five (5) business days

1.3 Refund for Cooling-Off Cancellation

If you cancel within the cooling-off period:

You are entitled to a full refund of any amounts paid
Refunds will be processed within 14 days of receiving your cancellation notice
Refunds will be issued to the original payment method
You must cease using our Services and the Trainerize platform immediately as well as delete any downloaded data from us

2. Subscription Cancellations

2.1 Monthly Subscriptions

For month-to-month subscriptions:

You may cancel at any time by providing written notice
Cancellation must be received at least 48 hours before your next billing date to avoid being charged
No refunds are provided for the current billing period already paid
Access to Services continues until the end of the paid period

2.2 Fixed-Term Subscriptions

For subscriptions with a fixed term (e.g., 3-month, 6-month, or 12-month packages):

Early cancellation may be subject to a cancellation fee
The cancellation fee will not exceed the reasonable costs we incur as a result of the cancellation
You may cancel without penalty if we breach the agreement or fail to provide Services as promised
Partial refunds for unused portions are calculated on a pro-rata basis, less any applicable cancellation fees

2.3 Cancellation Process

To cancel your subscription:

Send written notice to info [at] davewatkeys [dot] com
Include your full name, contact details, and subscription information
Specify your desired cancellation date
Allow up to 5 business days for processing

3. Refunds for Services Not Rendered

3.1 Defective or Unsatisfactory Services

Under Section 54 of the CPA, if our Services:

Are materially different from what was advertised or agreed
Are not of acceptable quality
Are not provided with reasonable skill and care

You may request a refund, and we will:

Investigate your complaint within 5 business days
Offer a remedy, which may include re-performance, a price reduction, or a refund
Process approved refunds within 14 days

3.2 Service Interruptions

If we are unable to provide Services due to circumstances within our control:

You are entitled to a pro-rata refund for the period Services were unavailable
Service interruptions due to third-party platforms (including Trainerize) or force majeure events are excluded

4. Non-Refundable Services

The following are non-refundable after the cooling-off period:

One-time consultation fees
Custom program design fees (once the program has been delivered)
Services already rendered or consumed
Administrative or setup fees (if applicable)

5. Refund Processing

5.1 Refund Timeline

Approved refunds will be processed within:

14 business days for cancellations within the cooling-off period
21 business days for all other refund requests

5.2 Refund Method

Refunds will be issued to:

The original payment method used for the transaction
If the original payment method is unavailable, an alternative method will be arranged with you

5.3 Currency and Fees

Refunds are processed in the original transaction currency
We do not refund any bank charges, processing fees, or currency conversion fees charged by financial institutions

6. Chargebacks and Payment Disputes

6.1 Dispute Resolution

Before initiating a chargeback with your bank or payment provider:

Contact us directly to resolve the issue
Allow us 10 business days to investigate and respond
Provide documentation supporting your claim

6.2 Chargeback Consequences

Unauthorized chargebacks may result in:

Immediate suspension of Services
Account termination
Referral to collections for amounts owed
Prohibition from future use of our Services

7. Changes to Programs or Services

7.1 Our Right to Modify

We reserve the right to modify, discontinue, or substitute Services with reasonable notice. If we make material changes:

We will provide at least 30 days’ notice
You may cancel your subscription without penalty
You are entitled to a pro-rata refund for any prepaid period

7.2 Force Majeure

We are not liable for failure to provide Services due to circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, or third-party service failures.

8. Special Circumstances

8.1 Medical or Personal Hardship

In cases of serious illness, injury, or personal hardship:

Contact us to discuss your circumstances
We may offer alternative arrangements such as:
- Suspension of subscription without penalty
- Transfer to a different service tier
- Pro-rata refund at our discretion

8.2 Relocation

If you relocate to an area where we cannot reasonably provide Services:

Provide documentation of relocation
We may offer a pro-rata refund for unused subscription periods

9. Complaints and Disputes

9.1 Internal Complaints

If you are dissatisfied with our Services or a refund decision:

Submit a written complaint to info [at] davewatkeys [dot] com
We will acknowledge receipt within 2 business days
We will investigate and respond within 10 business days

9.2 External Dispute Resolution

If your complaint is not resolved to your satisfaction, you may:

Refer the matter to an accredited ombud or industry ombudsman
Lodge a complaint with the National Consumer Commission: [email protected] or 0860 003 600
Pursue legal action through South African courts

10. Consumer Protection Act Rights

This policy does not limit your rights under the Consumer Protection Act, 2008. Where any provision conflicts with the CPA, the CPA provisions shall prevail.

11. Contact Information

For cancellations, refund requests, or questions about this policy:

Dave Watkeys
Email: info [at] davewatkeys [dot] com

National Consumer Commission
Toll-Free: 0860 003 600
Email: [email protected]
Website: thencc.gov.za

12. Policy Updates

We reserve the right to update this policy. Changes will be posted on our website with an updated “Last Updated” date. Continued use of our Services after changes constitutes acceptance of the revised policy. Material changes will be communicated via email to active clients.