These terms apply to becoming a Motivate Me Member
1.1 In these terms, unless the context otherwise requires:
(a) E-Commerce Services means the services available through the Website by which amounts payable to us are paid by online credit card transaction and E-Commerce Process shall mean the process by which those services are provided;
(b) Member means a person who has paid for membership of our Website and Membership shall have the corresponding meaning;
(c) Member Benefits means the benefits provided by us to our Members as part of their Membership;
(d) Terms means these E-Commerce Services terms and conditions.
(e) Training Block means an organised six week exercise programme facilitated by a personal trainer engaged by us as more specifically advertised on the Website;
(f) Website means our Website located at the url: http://motivatemenz.co.nz.
2. Membership Benefits
2.1 By applying for membership of the Website you shall receive the benefits advertised on the Website which may include:
(a) Membership of our online private Facebook group;
(b) The ability to participate in training blocks which may be being run in your area;
(c) Discounts off products sold by our retail partners;
(d) Advice on training and diet.
2.2 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.
3. How to Apply for Membership
3.1 You apply for Membership by completing the registration form on the Website.
3.2 When you complete our form you warrant that:
(a) Your are a female over 18 years of age (inclusive);
(b) You have provided accurate information to us when you register including a valid email address.
3.3 If your details change you must let us know.
3.4 You must not register under false or multiple identities.
3.5 We may decline to accept any person for Membership who completes the registration form in our sole discretion or terminate your Membership if you breach these terms and conditions.
4. Your Use of Your Membership and Website
4.1 You agree:
(a) Not to permit any other person to use your user name or Membership – multiple people using the same login is not permitted; and
(b) 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 Membership.
4.2 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.
4.3 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. We may also send regular electronic newsletters.
4.4 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.
4.5 We do not promise that:
(a) Your Membership will meet your specific requirements;
(b) Your ability to access your Membership will be uninterrupted, timely, secure, or error-free;
(c) The results that may be obtained from the use of your Membership will meet your personal expectations or goals;
(d) The quality of any products, services, information, or other material purchased or obtained by you through your Membership will meet your expectations; or
(e) Any errors in the Website or Membership benefits offered through the Website will be corrected.
4.6 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.
4.7 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.
4.8 In all use of the Website and Membership Benefits you shall:
(a) Comply with these terms and conditions (as amended);
(b) Comply with all policies and procedures posted on the Website;
(c) Comply with all applicable laws and regulations;
(d) 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;
(e) Not use the Website to harass, stalk, hoax, abuse or threaten any other person;
(f) Not interfere or attempt to interfere with the proper working of the Website.
5. Trademarks and Copyrights
5.1 You agree that we own or are the authorised user of the copyright, trade-marks and all other intellectual property rights in the Website and other material displayed or available through the Website and in the Member Benefits. You shall not publish, distribute, extract or reproduce any such content in any material form except for your personal use.
6. Nature of advice
6.1 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.
6.2 We make no representations or warranties of any kind with respect to the Website, its contents or the Member Benefits. 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 or the Membership Benefits. 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. Use of the Facebook Group
7.1 When you use our private Facebook Group limited to our Members you agree to comply with the rules and policies of Facebook with regards to your use of their website. In particular you agree not to post comments which:
(a) Promote or advertise products or services not related to us;
(b) Use foul or abusive language;
(c) Are Illegal, offensive or ethically objectionable;
(d) Are false, inaccurate, misleading or offensive;
(e) Are discriminatory;
(f) Promote a third party website.
7.2 The purpose of providing the group for Members is so that information can be shared on various subject matters relating to personal training, exercise and diet. 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.
7.3 We reserve the right to delete comments made to the Facebook group in our sole discretion.
7.4 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.
8. Discounts From Preferred Retailers
8.1 From time to time we may also offer discount vouchers for preferred retailers. We do not take part in the sale transactions and such sales are subject to the retailers’ terms of business.
8.2 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.
9. Participation in Training Blocks
9.1 As a Member we may offer the ability to participate in Training Blocks facilitated by a qualified personal trainer.
9.2 Payment for such Training Blocks must be made through the Website and may not be made to the trainer direct.
9.3 As group, you may agree with the personal trainer to provide extra sessions as part of the Training Block. Payment for such extra sessions must be made through the Website and not to the trainer direct.
9.4 Except as provided in clause 9.3 above, our personal trainers are prohibited from supplying additional services to Members during the currency of a Training Block. You may engage one of our personal trainers to provide additional services once a Training Block is complete.
9.5 Where you participate in a Training Block you shall at all times follow the instructions of the trainer to ensure your own personal safety. In that respect you shall:
(a) ensure that you are physically capable of undertaking the Training Block and obtain clearance from your GP to undertake the exercise regime which forms part of the Training Block;
(b) disclose to your trainer any medical conditions which may affect your ability to undertake the Training Block safely;
(c) stop exercising if you feel faint, dizzy or unwell;
(d) take all practical steps to ensure the safety of yourself and all third parties;
(e) use any safety equipment or clothing provided;
(f) not knowingly expose yourself or others to harm;
(g) report to us anything which you believe is a hazard or a potential hazard to health and safety.
9.6 Whilst we take every care to select our personal trainers based upon their skills and experience, you acknowledge and agree that we shall not be liable for any loss or damage suffered by you arising from any negligence on their part.
10. Price and Payment
10.1 The price of Membership will be as advertised on the Website and may be altered in our sole discretion.
10.2 In addition, we may provide additional services the price of which shall also be advertised on the Website.
10.3 Payment for Membership or additional services must be made through our E-Commerce 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 over 18 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 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 We do not provide refunds of Membership if your Membership is terminated for whatever reason part way through a Membership period or if you fail to complete a Training Block you have paid for.
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 back to the originating credit card or held to your credit against future invoices. No cash refunds will be given.
12.2 Your 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.
13. Limitation of Liability
13.1 Subject to any rights which you may have under the Consumer Guarantees Act 1993, except as expressly prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost 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, Member Benefits or the E-Commerce 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.
13.2 We accept no liability or responsibility for the refusal or reversal of payments which are matters between you and your credit card provider.
13.3 We cannot warrant 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.
14. Termination of Membership
14.1 We may terminate your Membership immediately (which includes termination of membership of our Facebook Group) upon written notice where you breach these terms.
14.2 You Membership shall automatically terminate at the end of a Membership period unless payment has been made for a new Membership period.
15.1 The Terms may be altered or reviewed by us, with or without notice. You should check and read these Terms carefully each time you use our Website or E-Commerce Services.
16.1 These terms and conditions and the online services they cover are governed by New Zealand law. All transactions which occur through our E-Commerce Process occur in New Zealand.
16.2 You agree to submit to the exclusive jurisdiction of the New Zealand Courts.
1. Exclusion of liability
1.1 Whilst Motivate Me has made every effort to ensure that this website provides accurate information, the website is provided on an “as is” basis and the information provided is for general guidance only and does not constitute advice of any kind.
1.2 We make no representations or warranties of any kind with respect to this website or its contents. 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 this website. The information contained in this site 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.
1.3 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 this website or reliance on its 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.
1.4 Notwithstanding this, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.
2. Intellectual property
2.1 We are the proprietor of the MotivateMe trademark used on this website and get-up and you may not use it without our express permission.
2.2 We are also the owner or the licensee of the copyright in this website, its contents and images and no part of this website may be reproduced without our express permission or the permission of the copyright holder.
3. New Zealand website
3.1 These Terms are subject to New Zealand law and you irrevocably accept the jurisdiction of the New Zealand Courts.
4.1 We do not sell products to or offer services for children. If you are under 18, you may use this site only with the involvement of a parent or guardian.
1. What personal information do we collect?
1.1 Subscribing to this website: when you subscribe to this website we ask that you complete an online form which asks for information about you, such as your name and email address.
1.2 Purchasing products from this website or paying accounts online: this website also 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. Use of our e-commerce facilities is subject to additional terms and conditions (available on request).
1.3 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.
2. How we use your personal information
2.1 We may use your personal information for a number of reasons, namely:
(a) To personalise and improve your experience on this website or with the services we provide;
(b) To communicate with you in relation to any matter relevant to our business, this website and the services or products we provide;
(c) To monitor website usage;
(d) To provide you with information from third parties which we think would be of interest to you.
2.2 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.
3. Who has access to your personal information?
3.1 We will never sell your personal information.
3.2 Employees: Our employees have access to your personal information in order to carry out their job. They are subject to obligations of confidentiality.
3.3 Agents and subcontractors: we employ other companies and individuals to perform functions on our behalf. Examples include personal training, secretarial support, fulfilling orders, delivering packages, sending postal mail and e-mail, analysing data, processing credit card payments, and organising training sessions. They have access to personal information needed to perform their functions, but may not use it for other purposes.
3.4 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: firstname.lastname@example.org.
4.1 A cookie is recorded on your computer when you visit this website.
4.2 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.
5. Sale of business
6. Your consent
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