GENERAL T&C'S

Please read the following. Contact mike@sustainablefitness.co.nz if you have any questions.

 

Terms of Sale

By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request made by you. Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept, modify or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price.

 

 

Information Accuracy
Accuracy of Information on the Site. We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products and services. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

 

 

Payment terms

I authorize Green Your Movement (Sustainable Fitness) to send instructions to the financial institution that issued your card to take payments from your card account in accordance with the terms of my agreement with you.
Accepted payment methods (visa, mastercard, debit). Payments are completed through a secure third party (PayPal).
Package pricing and pricing structures are made clear on the Pricing and Packages page. One off fees for programming will be taken in a lump sum payment unless prior arrangements have been made. Recurring packages (coaching/personal training) will take designated amount out of clients account on a weekly basis until subscription is cancelled by either the client or Sustainable Fitness. See cancellation policy for more details.
Missed payments by direct debit will be reprocessed a week from failure date automatically unless arranged otherwise with Sustainable Fitness. Failure to uphold the payment terms and cancellation policy can result in debt collection agency involvement. Clients will be warned about the potential of debt collection before account is sent to a debt collection agency.
Refunds will be issued where appropriate and be refunded back to the account the funds came from. All payment disputes will be settled by mediation unless either party wants to seek legal help.

 


Intellectual Property
The Site and all of its materials, including, but not limited to its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright laws and other IJ.S. and international laws and treaties and are property of Sustainable Fitness or its licencors. All Materials are provided through the Site as a service to its current and prospective visitors and may be used only for personal and informational purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in Sustainable Fitness materials is conveyed to you. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Site or any of its Materials without our prior written permission; you may not access or use the Site for any competitive or commercial purpose; nor may you permit any copying of our Materials. Any unauthorized copying, alteration. distribution, transmission. performance, display, or other use of these Materials is prohibited, Any and all rights not expressly granted are reserved by Sustainable Fitness, as applicable.

 

Disclaimer of liability

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay of operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. Customer specifically acknowledges the service is not liable for the defamatory, offensive or illegal conduct of other customers or third parties and that the risk of injury from the foregoing rests entirely with customers. Neither the service nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty. Customer hereby acknowledges that the provisions of this section shall apply to all content on the service.


 

The Sites may contain links to third-party websites ("Other Sites") that are not under Sustainable Fitness’s control. Sustainable Fitness makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites. Sustainable Fitness provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Sustainable Fitness of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

 

 

Acceptable Use
User's use of the Sites, any content, and any information provided by the user including user names and passwords, addresses, e-mail addresses, phone number, financial information (such as credit card numbers), information related to a Sustainable Fitness or employer name ("User Information") transmitted in connection with the Sites is limited to the contemplated functionality of the Sites. In no event may the Sites be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by Starbucks, (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access Sustainable Fitness or content that is not authorized by Sustainable Fitness; (f) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Sustainable Fitness or content; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to Sustainable Fitness computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair Sustainable Fitness servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively "Acceptable Use"). Sustainable Fitness reserves the right, in its sole discretion, to terminate any User License, terminate any User's participation in the Sites, remove Content, or assert legal action with respect to Content or use of the Sites, that Sustainable Fitness reasonably believes is or might be in violation of these Terms, or Sustainable Fitness policies including the Sustainable Fitness Terms and Conditions. Sustainable Fitness’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.