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TERMS OF MEMBERSHIP OF FITMIN
THIS WEBSITE AND ONLINE COMMUNITY ARE CREATED AND CONTROLLED BY FIT FIX LIMITED AND ITS ADMINISTRATORS (“FITMIN”). BY ACCESSING THIS WEBSITE AND OUR FACEBOOK GROUP OR OTHER SOCIAL MEDIA PLATFORMS, AND BY BEING A FITMIN TRIBE MEMBER, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
Definitions
The Definitions refer to the following terms when used by any FITMIN Administrator:
1.1. Member means a person who has subscribed for membership to the FITMIN Tribe.
1.2. Member Benefits mean the benefits provided by FitMIn to our Members as part of their Membership of FITMIN as referred to in clause 2.1.
1.3. Terms mean all the terms and conditions listed in the Terms of Membership document
1.4. Website means our Website located at the url: http://www.fitfixnz/fitmin.co.nz.
2. Membership Benefits
2.1. By applying for membership to the FITMIN Tribe you shall receive the benefits advertised on the website and the FITMIN public Facebook page which may include, but are not limited to, the following:
2.1.1. Being an active member of the FITMIN Tribe.
2.1.2. Discounts off products or services provided by companies that we endorse as per clause 9.
2.1.3. Advice on exercise, nutrition, lifestyle, and overall wellness via posts, comments, videos, pictures and other social media content that FITMIN delivers at its sole discretion.
2.1.4. Support and Guidance provided (via posts, comments, videos, pictures and other social media content) from the five FITMIN Team Captains at their discretion, each of whom are Nationally Recognised and Qualified Personal Trainers with combined industry experience of more than 50 years.
2.1.5. Practical resources, challenges, and professionally designed home workout routines provided from time to time.
2.1.6. Access to online live ‘coaching’ calls lead by our Team Captains.
3. Reliance
3.1. We can change the information on this website, including the Terms and Conditions of Membership, at any time without notice. It is your responsibility to check the Terms and Conditions regularly. Your continued access to membership/the website and Facebook group will constitute your acceptance of any changes or revisions to the Terms and Conditions.
3.2. We may change the benefits of membership in our sole discretion without notice to you or liability on our part. Please check the Website regularly for a list of Member benefits.
4. How to Apply for Membership
4.1. To apply to become a member of the FITMIN Tribe you must fill out the registration form on the website.
4.2. When you complete the registration form you pledge that:
4.2.1. you agree to be bound by these terms and conditions without limitation, qualification or change. you represent that you have read and agreed to these terms and conditions at all times while using this program.
4.2.2. You are a women aged 18 years or older.
4.2.3. You have provided accurate information to us when you register including a valid and current email address.
4.2.4. You have provided the exact name under which your personal Facebook profile is found.
4.2.5. You will let us know if any of the details you’ve provided to us change at any time while you are a member of the FITMIN Tribe.
4.2.6. You must not register under false or multiple identities.
4.3. At our sole discretion we may decline to accept any person applying for Membership and we can opt to terminate your Membership at any time, without notification to you, if you breach the Terms and Conditions. Our decision is final and no correspondence will me entered into.
5. Use of Your Membership and Website
You agree:
5.1. Not to permit any other person to use your user name or Membership. Multiple people using the same login is not permitted and is in breach of these Terms and Conditions.
5.2. Not to disclose, or provide to any other person, your password, email address or any other information in connection with your Membership that may allow other persons to gain access to your FITMIN Tribe membership.
5.3. You are responsible for any unauthorised use of your Membership, and for all losses or charges, including losses or charges that may result from unauthorised or fraudulent use of your Membership.
5.4. We will send you emails relating to your Membership, transactions and other activities on the Website, and for promoting and marketing our products and services to you. You agree and consent to receive regular marketing, promotional and other material by way of electronic mail and newsletters from us.
5.5. We will use reasonable endeavours to ensure the availability of the Website, subject to any downtime required for maintenance or technical faults. However, we are not responsible for any system unavailability, or for any loss that is incurred as a result of the Website being unavailable. Further, we assume no responsibility for the corruption of any data or information held by us.
5.6. We will do our very best to ensure, but cannot guarantee, that:
5.6.1. Your Membership will meet your specific requirements;
5.6.2. Your ability to access your Membership will be uninterrupted, timely, secure, and error-free;
5.6.3. The results that may be obtained from the use of your Membership will meet your personal expectations or goals;
5.6.4. The quality of any products, services, information, or other material purchased or obtained by you through your Membership will meet your expectations; or
5.6.5. Any errors in the Website or Membership benefits offered through the Website will be corrected.
5.7. You must not modify, adapt or hack the Website or modify another website so as to falsely imply that it is associated with the Website or us.
5.8. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or the Membership Benefits without our express written permission.
5.9. In all use of the Website and Membership Benefits you shall:
5.9.1. Comply with these Terms and Conditions (as amended);
5.9.2. Comply with all policies and procedures posted on the Website or on the FITMIN Tribe group
5.9.3. Comply with all applicable New Zealand laws and regulations;
5.9.4. Not take any action which imposes or may impose (in our discretion) an unreasonable or disproportionately large load on the Website, our system, or infrastructure;
5.9.5. Not use the Website or FITMIN Tribe group to harass, stalk, hoax, abuse or threaten any other person;
5.9.6. Not interfere or attempt to interfere with the proper working of the Website or FITMIN Tribe group
6. Trademarks and Copyrights or Intellectual Property
6.1. You agree that we own or are the authorised user of the copyright, trade-marks and all other intellectual property rights including “get-up” in the Website and the FITMIN Tribe group and other material displayed or available through the Website, in the Membership Benefits, or in the FITMIN Tribe group.
6.2. Except where necessary for viewing you may not reproduce, adapt, link within frames, distribute, or transmit in any form by any process, information on this website without prior written consent from us.
User Uploaded/Generated Content
6.3. You may be able to upload reviews of membership, services, products and other content to the Website and Facebook page. You warrant that you are the owner or authorised user of the content you upload. You must not upload or otherwise transmit or distribute content that breaches any law, infringes any third party rights, or which is defamatory, discriminatory, obscene, offensive, inflammatory or which is threatening, abusive, or invasive of another person’s privacy. FITMIN has the right to remove this content at any time. You agree to reimburse FITMIN for any claims made against us, or loss suffered, due to your unauthorised use of third party material or intellectual property.
Linking Policy
6.4. The website shall contain links from time to time that are not maintained by us. We are not liable for any loss or damage (including, without limitation, consequential loss or loss of profits) that you suffer as a result of accessing those external websites from the links that we provide.
6.5. Unless stated otherwise we do not necessarily endorse, approve, recommend or prefer any goods, services or information that you might be exposed to by visiting an external website as referred to in clause 6.4.
6.6. Subject to the above you can place a link on your website to a FITMIN website. You agree not to disparage, whether directly or impliedly, our services, products or us in any way. If we request you to remove a link to our website, you must do so within twenty-four (24) hours of the request.
Third Parties
6.7. We are not liable for any loss or damage (including, but without limitation, consequential loss or loss of profits) that you suffer as a result of any third party software, hardware, files or data used to access our website.
6.8. The download and use of information from external websites may be subject to license or other agreements between you and the owner of that information. It is your responsibility to read, understand and comply with the terms of any such agreements, or for the consequences of breach.
7. Nature of advice
7.1. Whilst we have made every effort to ensure that this Website and Member Benefits provide accurate information, the Website and Member Benefits are provided on an “as is” basis and the information provided is for general guidance only and does not constitute advice of any kind.
7.2. Any application of the recommendations or information provided on the Website, Facebook Group or provided elsewhere by FITMIN (including in any personal consultation by phone, email, in-person, or otherwise), is at the Member’s discretion and sole risk. We recommend you consult a doctor before starting any diet or exercise program. Even if you have no known health problems, it is advisable to consult your doctor before making major changes in your lifestyle.
7.3. The material provided by FITMIN is for educational and informational purposes only and is not intended as medical advice. The information contained on FITMIN’s Website, Facebook Group and elsewhere should not be used to diagnose or treat any illness. We do not recommend the self-management of health problems. Information obtained by using our services is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.
7.4. The FITMIN administrators are not doctors. The advice the administrators provide to Members is based on years of practical experience. By becoming a Member you agree that you will consult your doctor, physician or health are provider before applying any of the recommendations, begin an exercise regime or take into practice any and all tips from FITMIN.
7.5. We make no representations or warranties of any kind with respect to the Website, its contents, the Member Benefits or any other information provided by FITMIN. In particular, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in the Website, the Membership Benefits, or in the FITMIN Tribe Facebook group. Such information may contain technical inaccuracies, typographical errors or may be out of date. Our liability for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
7.6. Notwithstanding anything else expressed or implied in these terms and except where a statute requires otherwise, FITMIN shall not be liable whether in contact, tort or otherwise, for:
7.6.1. any injury to any persons or damage to property; or
7.6.2. any direct, indirect, consequential, financial or economic loss or damage to property
arising out of any act or ommission of FITMIN.
7.7. You understand and agree that you will indemnify, defend and hold FITMIN and our affiliates harmless from any liability, loss, claim and expense, including reasonable lawyer fees, arising from your use of our Website, Member Benefits, Facebook Group or any other associated services and information provided, or your violation of theses terms and condition.
8. Use of the Facebook Group
8.1. Use of our private Facebook Group is limited to our Members only. By accessing it you agree to comply with the rules and policies of Facebook with regards to your use of the Facebook website.
8.2. You agree not to post comments which:
8.2.1. Promote or advertise products or services not related to FITMIN;
8.2.2. Use foul or abusive language;
8.2.3. Are illegal, offensive or ethically objectionable;(See user uploaded content)
8.2.4. Are false, inaccurate, misleading or offensive;
8.2.5. Are discriminatory;
8.2.6. Promote a third party website, Facebook page, or Facebook group.
8.3. The purpose of providing a group for Members is so that information can be shared on various subject matters relating to exercise, diet, lifestyle, and wellness. The comments, opinions, postings, or information displayed on the group timeline is therefore not necessarily ours and we accept no liability whatsoever for any damage which you suffer, including consequential loss, loss of profit, direct or indirect loss, arising from anything posted to the group by any of its Members or if a third party gains access to your Membership without negligence by us.
8.4. We reserve the right to delete comments (without prior notification) made to the Facebook group in our sole discretion.
8.5. You agree to indemnify us in respect of all loss and damage which we suffer (including but not limited to damages, fines, or actual legal expense) as a result of claims by third parties or any prosecution by a third party arising from comments or posts made by you to this group.
9. Discounts From Endorsed Suppliers
9.1. From time to time we may offer discount vouchers from companies and suppliers we endorse. We do not take part in the sale transactions and such sales are subject to the direct companies’ terms of trade.
9.2. We accept no liability whatsoever for any defects in products bought with discount vouchers supplied by us and provide no guarantee that the retailer will honour the terms of the voucher.
10. Price and Payment
10.1. The Membership to the FITMIN Tribe and Facebook group will be free until further notice, as advertised on our website.
10.2. In addition, we may provide additional fitness/wellness services, the price of which shall also be advertised on the Website.
10.3. Payment for additional services must be made via the payment options available. This may include bank transfer and/or Paypal services.
10.4. You agree not to use our E-Commerce Services for any improper, injurious, offensive or unlawful purpose.
10.5. In using our E-Commerce Services, you represent and warrant that you are 18 years old or older and have legal capacity to contract in New Zealand. If you are using a credit card, you represent and warrant that the credit card is issued in your name and that you shall pay to the credit card issuer all charges incurred through the use of our E-Commerce Services.
10.6. Upon completing a transaction using our E-Commerce Services, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct. You should print the transaction confirmation for future reference and your files. We shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of providing E-Commerce Services or for loss of data or information caused by factors outside of our control.
10.7. We shall be entitled at any time without prior notice or any liability to you, to alter, cancel or suspend any or all E-Commerce and payment services temporarily or permanently and/or to substitute alternative services, which may or may not be interactive or transactional in nature.
11. Refunds Policy
11.1. Subject to 11.2, we do not provide refunds for additional services purchased.
11.2. A refund will only be provided when it has been proven that there has been an overpayment. When applying for a refund you must provide us with proof of the overpayment. If your refund request is accepted, the refund will be transferred into your nominated bank account.
12. Limitation of Liability
12.1. Subject to any rights which you may have under the Consumer Guarantees Act 1993, except as expressly prohibited by law, to the maximum extent permitted by law, we are not liable for any loss or damage (including, without limitation, direct, indirect, consequential or special loss, loss of data, loss of savings, loss of opportunity, exemplary, incidental or punitive damages, including loss of profits, even where we have been advised of the possibility of such damages occurring. If, notwithstanding the foregoing, we are found to be liable to you for any damage or loss which arises as a result of your use of the Website, FITMIN Tribe Facebook Group, Member Benefits, the E-Commerce Services, or any other associated FITMIN services our liability shall not exceed the dollar amount of the transaction which formed the basis of the damage or $100.00, whichever is the lesser. Otherwise, the Consumer Guarantees Act 1993 is excluded to the fullest extent permitted by law.
12.2. To the fullest extent permitted by law, we exclude all warranties and representations in relation to the Website, the Facebook Group or provided to you direct including content, articles and any information whatsoever provided by us or third parties or other members to you, whether express, implied, statutory or otherwise and we will not be responsible for any errors or misstatements.
12.3. We accept no liability or responsibility for the refusal or reversal of payments which are matters between you and your credit card provider.
12.4. We cannot promise that the E-Commerce Process, and/or your use of our E-Commerce Services will be faultless, immediate, continuous, and virus free, nor that information provided through the E-Commerce Process will be complete, accurate or up to date. We will endeavour, however, to ensure the E-Commerce Services are available at all times, subject to maintenance.
13. Exclusion of liability
13.1. Neither we, nor any of our Directors, shareholders, or employees shall be liable for loss or damage arising out of or in connection with the use of our Website, the FITMIN Facebook page(s), or reliance on their contents. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
13.2. Notwithstanding this, none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer subject to New Zealand law or other statutory rights which may not be excluded.
14. Termination of Membership
14.1. We may terminate your Membership immediately (which includes termination of membership to our FitMIn Facebook Group) where we consider you have breached these Terms and Conditions.
14.2. You may terminate your Membership and unsubscribe from future correspondence from us at any time by providing written notice of cancellation to corinne@fitfixnz.co.nz.
15. Amendment
15.1. The Terms and Conditions may be altered or reviewed by us, with or without notice to you. You should check and read these Terms carefully each time you use our Website or E-Commerce Services.
16. Jurisdiction
16.1. These terms and conditions and the online services they cover are governed by applicable New Zealand law. All transactions which occur through our E-Commerce Process occur in New Zealand.
16.2. The law of New Zealand will govern any dispute you have with FITMIN. You agree to submit to the exclusive jurisdiction of the New Zealand Courts for the purposes of resolving such dispute.
16.3. If any part of the Terms and Conditions is determined to be void, unenforceable or illegal, the remainder of Terms and Conditions have full force and effect.
17. Children
17.1. We do not sell products to or offer services for children. If you are under 18, you must have the consent of a parent or guardian to access this site.
18. Privacy Policy
FITMIN know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. We are committed to ensuring that your privacy is protected. This notice describes our Privacy Policy. By visiting our website and Facebook Group, you are accepting the practices described in this Privacy Policy.
What personal information do we collect?
18.1. Subscribing to the FITMIN Tribe Facebook group or applying to be a Member: we will ask that you complete an online form, which asks for information about you, such as your name and email address. You authorise us to collect information about you (including information about transactions processed by you) from time to time through the Website. Any data we collect shall be treated in accordance with our Privacy Policy set of these terms.
18.2. Purchasing products from our website, the FITMIN Facebook pages, or paying accounts online: our website offers an e-commerce facility which allows you to purchase products or pay invoices using a credit card. When you use that facility we collect information regarding your credit card in order that we can process your payment.
18.3. Use of our E-Commerce Services means that you agree to provide information through electronic means. This means you agree to provide any relevant information in the format and to the standards described for each transaction. It also means you agree and understand that the information will be retained in electronic form.
18.4. Information from other sources: we do not collect information about you from other sources unless it is in the public domain or you have authorised us to do so.
18.5. When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
How we use your personal information
18.6. We may use your personal information for a number of reasons, namely:
18.6.1. To personalise and improve your experience on this website or with the services we provide;
18.6.2. To communicate with you in relation to any matter relevant to our business, this website and the services or products we provide;
18.6.3. To monitor FITMIN Tribe facebook group useage and statistical analysis, research and development.
18.6.4. To carry out a credit check (if necessary).
18.6.5. To provide you with information from third parties whom we think would be of interest to you.
18.7. Where we communicate with you for marketing purposes we will comply with the Unsolicited Electronic Messages Act 2007. This means that we will provide you with instructions for unsubscribing from such messages if you choose.
Who has access to your personal information?
18.8. We will never sell your personal information.
18.9. Employees: Our employees have access to your personal information in order to carry out their job. They are subject to obligations of confidentiality.
18.10. You: you have rights of access to and correction of your personal information in accordance with the Privacy Act 1993. If you wish to update your information please email: corinne@fitfixnz.co.nz.
18.11. Releasing information to third parties: we release account and other personal information when we believe release is appropriate to comply with the law; or protect our rights, property, or safety, or that of our users, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction. We may also disclose personal information to third parties as follows: to service provided to make the Website available or to improve or develop its functionality (for example, our website host). Furthermore, your personal information may be stored on severs which may be located outside New Zealand. This may include countries that have less legal protection of personal information than New Zealand. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from clients for commercial purposes in violation of the commitments in this Privacy Policy. Otherwise, you will receive notice if we intend to share your personal information with third parties and will have the right to choose not to share your information.
Cookies
18.12. We may also collect technical information when you log into our website or visit the public version of the website. This may include information how how you arrived at the website, the way in which you browse through the website and interact with us and other members. We may collect this information through the use of cookies and other means.
18.13. A cookie is recorded on your computer when you visit this website.
18.14. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, we recommend you allow cookies because it helps you to access features that you may not have access to otherwise.
18.15. The information collected in this way will be used to gain a better understanding of the way people use our website so that we can improve the way it works and so that we can personalise the users experience to be more relevant and useful to the user’s needs.
Sale of business
18.16. As we continue to develop our business, we might sell or buy companies, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless, of course, the customer consents otherwise). Also, in the event that our business is sold or acquired, customer information will of course be one of the transferred assets.
Your consent
18.17. By submitting your information to this website you consent to the use of that information in accordance with our Privacy Policy and these terms of trade. If we change our Privacy Policy we will post the changes on this page and may place notices on other pages of this website. Continued use of the website and our services signify that you agree to any such changes.
18.18. Should you have any further queries about these Terms and Conditions, please use the Contact Us form on our Website.