Collection of Personal and Sensitive Information
We collect personal and sensitive information when you:
- Register for membership and/or log into our website;
- Interact with us through the phone, in person, via email or our website and you provide us your details;
- Purchase or subscribe to our products or services;
- Subscribe to our mailing list;
- Enter our competitions or promotions; or
- Apply for positions at our Limited Business or you are a contractor.
We collect personal and sensitive information to:
- Improve our products or services;
- Provide our product or service to you;
- Communicate with you;
- Offer you promotional product or market our product that you are interested in;
- Keep a record of your order for possible refund or exchange;
- Keep our customer database;
- To investigate any complaints that you make;
- To investigate whether you are in breach of our terms and conditions;
- Verify your identity;
- To notify you of vacant positions if you applied for job/s at our Limited Business
- Comply with the law or to use your information as permitted under the law; and
- Use your information for purposes that are related to the above.
We collect and hold the following types of personal and sensitive information:
- Your contact details that may include you name, date of birth, business name, billing address, postal address, email address, fax number and phone number;
- Optional personal information that you consent to provide, including your interests in a particular area, gender or age; and
- Optional surveys that provide personal information including whether you like our Business or Website and what you like or do not like.
- We will only collect your personal and sensitive information using fair and lawful means.
- We do not store credit card details as we use payment gateways and/or third part processor.
- If we receive unsolicited personal and sensitive information, we may destroy it or ensure that it is de-identified if it is lawful and reasonable to do so.
- All credit card transactions are implemented under industry standard encryption.
- For all credit card transactions we use a third party processor and/or payment gateway that we may change from time to time so that:
- Payments are processed in real time; and
- We do not have access to your credit card numbers.
- We use database management systems to store most of the personal information and it contains security features, such as encryption, fire wall and anti-virus to ensure the protection and integrity of our data.
Disclosure of Personal Information
- We will only disclose your personal and sensitive information for purposes that are reasonably related to our business.
- We will not disclose your personal and sensitive information to third parties for payment, profit or advantage.
- We may disclose your person and sensitive information to third parities, from time to time to assist us in conducting our business, Including;
- Technology service providers including internet service providers or cloud service providers;
- Couriers such as New Zealand Post and/or International Postal service entities;
- Data processors that analyse our website traffic or usage for us;
- Agents that perform functions on our behalf, such as mailouts, debt collection, marketing or advertising;
- Our related bodies corporate; and
- To persons, entities or courts as require under the law.
- We may disclose your personal and sensitive information to third parties:
- To provide the service you wish to use;
- To improve our business, services products and website;
- To customise and promote our services which may be of interest to you;
- To comply with or as permitted under the law; or
- With your consent
You consent to the disclosure of your personal and sensitive information to entities located overseas and we will use reasonable endeavours to ensure they are subject to similar privacy legislation when handling such information.
Accessing Your Personal Information
You may request access to your personal information that we hold and we will:
- Verify your identity;
- Charge you to cover the cost of meeting your request, if any, but not for the request itself; and
- Within a reasonable period of time, comply with your request.
- We may refuse to allow you to access your personal information if we are not required to do so under the New Zealand Privacy Principles.
Direct Marketing to You
- We will not send you unsolicited commercial electronic messages in contravention of the spam act 2003.
- We may use the non-sensitive information you gave us for the purpose of promoting and marketing our business to you if we:
- Use the information that you reasonably expected us to use for promoting and marketing our business to you; and
- Provide you a simple method to opt-out
- We will not contact you to promote or market our business if you request not to.
We may, from time to time, use ‘cookies’ which are small data file placed on your machine or device to store information.
Authentication cookies that monitor whether you are logged in or not;
Session cookies that allow you to remain logged in and keep track of your activities until the browser shuts down;
Persistent cookies that help us monitor our services by recording your browser activities and they do not expire upon browser shut down; and
Flash cookies to personalise your experience.
Improve the performance by reporting any errors that occur;
Provide statistics about how the website is used;
Remember settings that you used on our website;
Identify that you are logged into the website;
Link to social networks like Facebook, Twitter and Instagram; and
Provide ads that are tailored to you.
- Provide statistics about how the website is used;
- Remember settings that you used on our website;
- Collect statistics and generalised data to find other customers just as fabulous as you
- Provide ads that are tailored to you.
If you believe we have breached the New Zealand Privacy Principles under the Privacy Act 1988 or a registered New Zealand Privacy Principles Code, you may lodge a complaint as follows:
- Firstly, contact us in writing to the email or postal address and include the following in your complaint:
- Your contact details;
- Section or provision of the New Zealand Privacy Principles or Code that you believe we breached; and
- Our practice or policy that you believe breaches the relevant New Zealand Privacy Principle or Code,
- And you must allow us a reasonable time (30 days) to reply to your complaint; and
- Secondly, you may complain to the Office of the New Zealand Information Commissioner if:
- You are not satisfied with our response; or
- We do not respond to you within a reasonable time (30 days) without sufficient explanation.
How to Contact Us
If you would like to access or correct your personal information OR file a complaint please contact us by:
- Email: email@example.com
- In writing:
24 Miro Road, Raumati South, Paraparaumu 5026, New Zealand
This document sets out the terms which you may use our Website, Payment Plans, and Social Media. Please carefully read all terms and conditions before using our Website and Social Media.
Acceptance of Website and Social Media Terms and Conditions
- You accept and consent to the Website and Social Media Terms and Conditions and the Returns Policy in full by using our Website and Social Media.
- You must not use our Website and Social Media if you do not accept the Website and Social Media Terms and Conditions.
We grant you a non-exclusive, non-transferable, revocable, limited licence to:
- View and use information accessible from the Website and Social Media; and
- Purchase goods or services from the Website.
You must not:
- Cause damage or interfere with accessibility to the Website and Social Media;
- Use it in connection with illegal, fraudulent or harmful purposes or activities;
- Store, transmit or distribute Malicious Computer Program; or
- Conduct any systematic or automated data collection activities.
Intellectual Property Rights
We own or are licensed to use our intellectual property in the Website and Social Media. You may only view and download Content on the Website for coaching purposes and print a single copy of Content for personal use.
You must not:
- Republish any Content from this Website and Social Media;
- Present any Content in public;
- Reproduce or exploit any Content on this Website and Social Media for commercial purpose;
- Edit or otherwise modify any Content on the Website and Social Media; or
- Redistribute any Content from this Website and Social Media unless we expressly permitted redistribution
You may upload Posts on the Website and Social Media subject to this clause.
Intellectual Property Rights
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, world-wide license to use any intellectual Property in Posts, including rights to:
- Copy, reformat, edit or translate;
- Publicly perform or present;
- Distribute for any purpose including for commercial or advertising purpose; and
- Incorporate in our Website and Social Media or any other work.
- IP License in relation to that material ends when you delete that Post but you need to understand that even if you delete Posts, we may still keep back-ups for a reasonable period of time.
Monitoring of Website and Social Media
We have not reviewed and cannot review all Posts and we are not responsible for liability arising out of your Post. We may, at our sole discretion, pre-screen, reject or remove any Post you provide for any reason.
Third Party Websites and Materials
Third Party Material means material from a Third Party Website which are linked or framed to and from a Third Party Website; Third Party Website means a website operated by a third party.
We do not verify, endorse or approve Third Party Material. We provide no warranty or representation about Third Party Material:
- Regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available from Third Party Website; or
- as to whether they infringe any intellectual property rights.
We are not responsible for:
- Any offers, statements or representations that are made on behalf of a Third Party Website; or
- Malicious Computer Program from Third Party Websites.
We may receive payments from a Third Party Website in relation to goods and services supplied by them as a result of you linking to the Third Party Website from our Website and Social Media.
Limitation of Liability
In this clause, a Covered Party means: Us, our affiliates, and any other officer, director, employee, sub-contractor, agent, body corporate or successor; and each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent, body corporate or successor.
To the maximum extent permitted by law, a Covered Party is not liable for liability arising out of or related to:
- Content provided to you for free-of-charge;
- Inaccuracy, errors or omissions with content;
- Unavailability or interruption of usage of the Website and its services;
- Any delay of failure in performance beyond the reasonable control of a covered party; and
- Loss of data.
To the fullest extent permitted under the law, a Covered Party is not responsible for any indirect, special or consequential liability to a user (including legal fees) arising out of or from content or use of the Website or Social Media.
To the extent we cannot exclude liability and to the fullest extent permitted under the law, a Covered Party’s aggregate liability for negligence, breach of contract or under any legislation is limited, at our discretion, to:
In case of goods, any one or more of the following:
- Replacement of goods or supply of equivalent goods;
- Repair of the goods;
- Payment of costs of replacing the goods or acquiring equivalent goods; or
- Payment of costs of repairing goods; and
In case of services
- Supply of the services again; or
- Payment of the cost of supplying the services again.
- In case of any other damages, $100.00.
Nothing in this agreement will exclude or limit our liability in respect of any:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation on the part of us; or
- Matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude, or limit, its liability.
You agree to indemnify us and undertake to keep us indemnified against any Liability (including legal fees) arising out of:
- Your breach of these Website and Social Media Terms and Conditions; and
- Any claim that you have breached these Website and Social Media Terms and Conditions.
You agree that:
- We may store cookies on your device; and
- We may issue and request cookies from your device to collect both personal and non-personal information.
You may disable cookies on your browser if you do not agree to the Cookies Policy.
You agree that we may use, including but not limited to, following types of Cookies:
- Authentication Cookies;
- Session Cookies;
- Persistent Cookies; and
- Flash Cookies
- Improve the performance by reporting any errors that occur;
- Provide statistics about how the Website and Social Media is used;
- Remember settings that you use for our Website and Social Media;
- Identify and show that you are logged into the Website and Social Media;
- Link to social networks like Facebook, Twitter, Instagram;
- Provide more suitable ads tailored to you.
- This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
- This Agreement may be amended only by a written instrument duly executed by all parties hereto.
- The parties hereby represent and warrant that each of them has full legal right, power, and authority to enter into this Agreement and to carry out its obligations hereunder.
- This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
- Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Breach of Terms and Conditions
If you breach any of these terms and conditions we may take appropriate actions including but not limited to:
- Issuing a warning notice;
- Suspending your access to the Website and Social Media;
- Prohibiting your access to the Website and Social Media; or
- Bringing court proceedings against you
Website and Social Media Terms and Conditions terminate automatically if we cease to operate the Website and Social Media.
We make no representation that Content is appropriate or available for use in other locations and jurisdictions. This agreement is governed by the laws of New Zealand. The Parties submit to the exclusive jurisdiction of the courts of the New Zealand.
No Party may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
We may make changes to the Website and Social Media and these terms and conditions at any time without notification.
This Agreement embodies the whole Agreement between the Parties relating to the subject matter of this Agreement and supersedes all previous agreements in respect of your usage of our Website and Social Media.
If all of any part of any provision of this Agreement is invalid or unenforceable, then;
- That provision is severed from this Agreement to the extent necessary to remove the invalidity or illegality; and
- The remaining provision of this Agreement remains valid and enforceable.
Survival of Certain Terms
The terms of this Agreement which are capable of having effect after this Agreement ends continue to have full effect, including clauses in relation to:
- Protection of intellectual property;
- Post-agreement restraints; and
- Guarantees, warranties, indemnities, and limitation of liability.