TERMS OF SERVICE
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 anduse 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 licence 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 Licence 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.
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