The Fitness Factory
This Website is owned by Clubware. These Terms and Conditions govern your access to and use of all Clubware owned and operated websites and any Mobile Applications made available by Clubware for download.
By accessing this Website, or by downloading and/or using a Mobile Application, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then you should not use this Website or download and/or use our Mobile Applications.
In these Terms and Conditions, unless the context otherwise requires:
You may be required to agree to additional terms and conditions for particular services which Clubware may make available to you from time to time through the Website or Mobile Application prior to being able to use those particular services. Any such additional terms and conditions are to be read in conjunction with these Terms and Conditions.
If you wish to access any of the Charged Services or make other payments to Clubware by credit or debit card payment through the Website or Mobile Application, you will be required to agree to and comply with Clubware online service payment terms.
From time to time, Charged Services, your access rights, the Terms and Conditions which you have entered into in relation to any particular Charged Service, or the terms applying to the Online Service Payment Process, may be changed by Clubware. When this has occurred, you may be asked to accept updated Terms and Conditions on your next use of that Charged Service or the Online Service Payment Process. If you do not accept any updated Terms and Conditions, you will not be able to access the Charged Services or use the Online Service Payment Process.
To the extent of any inconsistency between these Terms and Conditions and any additional terms and conditions, the additional terms and conditions will prevail in relation to the particular services to which those additional terms and conditions apply.
Certain services available through the Website and/or Mobile Application and certain parts of this Website and/or Mobile Application (including the Online Service Payment Process) are available only to users who register for those services, or who register for access to those parts of the Website and/or Mobile Application and obtain a Username and password. If you register for such services or access, and are issued with a Username, you will be responsible for all use of these services and this Website and /or Mobile Application through use of your Username and password.
You are responsible for keeping your password secure and secret.
The password you select should not relate to any readily accessible data such as your name, birth date, address and telephone number, driver's licence or passport. Neither should it be an obvious combination of letters and numbers such as sequential or the same numbers. If you believe an unauthorised person knows your password, you must notify Clubware immediately and change your password as soon as possible.
You will pay all Fees payable for a charged service at the time your request or application for a charged service is accepted by Clubware. Clubware reserves the right to amend any Fees from time to time and to adjust any Fees recorded on the Website or Mobile Application or the application for a charged service if the price recorded is incorrect.
All payments are to be made in advance by credit card (as at the date that these Terms and Conditions were last updated, Clubware accepted MasterCard and Visa). Clubware may contact you directly to confirm your credit or debit card details. All prices will be in the currency of the country in which the Facility resides and are inclusive of any sales tax. You will pay all other applicable taxes, import duties, levies or tariffs which may be payable (if any).
Information available under the Charged Services may be subject to confidentiality obligations or requirements. Clubware retains the right to make any information confidential. You acknowledge and agree:
All copyright and other intellectual property rights in the Website, Mobile Applications and all associated content is owned by Clubware or the Facility unless the content is identified as being the property of another party.
No part of this Website or our Mobile Applications may be:
Clubware grants you a revocable, non-transferrable, non-exclusive licence to download, install and use the Mobile Applications for your own purposes. Any Mobile Application licence is subject to any limitations or restrictions on the permitted use of the Mobile Application contained in the Online Store Terms where you downloaded the Mobile Application.
You must provide your own internet access and mobile device in order to download, install and use the Mobile Application. You are responsible for all internet access, data download and other network charges arising from your downloading, installation or use of the Mobile Application (including any global roaming charges where you use the Mobile Application overseas) and you acknowledge and agree that Clubware has no responsibility or liability for those charges.
In downloading and/or using a Mobile Application, you must grant the Mobile Application the required permissions and access. If you do not grant these permissions and access, you may be unable to use the Mobile Application or some of its features.
While under no obligation to do so, from time to time Clubware may identify issues with its Mobile Applications and make available updates to help rectify any issues. You agree that you will use the most up-to-date version of the Mobile Applications and will check regularly for updates to those Mobile Applications.
Clubware will use reasonable endeavours to generally make the services provided through the Mobile Application available. However, the availability of those services may depend on various third-party suppliers of both you and Clubware, and accordingly Clubware does not warrant or guarantee: (a) that you will be able to use the Mobile Application at any time; or (b) that your use of the Mobile Application will be continuous, uninterrupted, secure or error-free.
You acknowledge and agree that the services provided through any Mobile Application may not be available for use from time to time, and that you may be disconnected from your use of those services at any time for any reason, including if: (a) any network connection difficulties occur; (b) the systems providing those services are unavailable for any reason (including so that maintenance can be performed); (c) you breach any of these Terms and Conditions or (d) Clubware decides to terminate your access to those services for any reason.
In using any Mobile Application, you agree you must not use it (or attempt to use it) in the following manner:
See Copyright Statement (annexed).
Clubware reserves the right to prohibit links to the Website and you agree to remove or cease any link upon Clubware's request. You may not frame any part of the material on this Website or in the Mobile Application by including advertising or other revenue generating material.
The information provided on this Website and the Mobile Applications are for general guidance only. Users of the information contained on this Website and Mobile Applications must make their own assessment of the suitability and appropriateness of the information or services described for their particular use and conditions.
Accessing this Website, downloading and/or using Mobile Applications, using our transaction processing services, and the downloading of any material is done entirely at the user’s own risk.
To the fullest extent permitted by law:
If you are using this Website, our Mobile Applications and any associated content for business purposes, the above exclusions and limits will apply, and certain consumer protection laws may not apply.
The exclusions and limits set out in these Terms and Conditions will also operate for the benefit of Clubware’s relevant suppliers, licensors and agents which Clubware use to provide the Website and Mobile Applications.
Although Clubware has endeavoured to ensure the content on this Website and in the Mobile Applications is current, accurate and complete, Clubware does not warrant that such content will be current, accurate or complete when you access it. Clubware or the Facility will take action to correct any error or inaccuracy which is brought to its attention.
This Website or our Mobile Applications may contain links to third party websites not owned by Clubware and/or advertising not related to Clubware. If you visit a linked website or contact an advertiser, that dealing will be solely between you and that other website or advertiser at your own risk.
These websites, any product or service being advertised (as applicable) or any association with their operators, have not been prepared by and are not controlled by Clubware and such links are provided for your convenience only, and do not imply that Clubware checks, endorses, approves, investigates or agrees with third party websites this Website or the Mobile Application links to. To the fullest extent permitted by law, Clubware disclaims any and all liability in respect of use of any third-party websites this Website or the Mobile Application links to, unless this is specifically stated on this Website or int eh Mobile Application.
In the event Clubware conducts online polls, it does not claim the online poll results will be accurate. Any poll results will only reflect the opinions of those users who have chosen to participate.
By accepting these Terms and Conditions, you acknowledge you are over 18 years of age.
If you are under the age of 18, you must only use this Website or download and/or use our Mobile Applications with the consent of your parent or guardian.
The availability of information on this Website and the Mobile Applications does not constitute a recommendation by Clubware or any other person. If you enter into any transaction subsequent to accessing this Website or Mobile Application, you do so entirely in reliance on your own judgement and inquiries and not in reliance on any statements, warranties or representations made to you or to any other person by or on behalf of Clubware.
To become a registered user, you must complete the registration process by providing Clubware with current, complete and accurate information as prompted by the relevant registration form. Clubware reserves the right to reject any application for registration.
You agree that you will at all times comply fully with all relevant laws, rules, regulations and orders of all relevant regulatory bodies in relation to any of the information or services made available to you through this Website and Mobile Applications.
These Terms and Conditions and any matters or disputes connected with this Website or any Mobile Application will be exclusively governed by the laws prevailing in the jurisdiction that the Facility is based, and will be dealt with by the courts presiding in that jurisdiction.
You may terminate your use of any of the Charged Services, or access to any part of this Website or Mobile Application for which registration is required (including the Online Service Payment Process), at any time by requesting that Clubware delete your Username and password for the relevant service or part of this Website and/or Mobile Application.
Clubware or the Facility may terminate your right to use any of the Charged Services, or access to any part of the Website and/or Mobile Application for which registration is required (including the Online Service Payment Process), by giving you one months' notice, or immediately without notice if you breach any of these Terms and Conditions for any charged service or any other service, or the terms for the Online Service Payment Process.
Any termination of your right to use any of the Charged Services, or access to any part of the Website or Mobile Application for which registration is required, will not affect any rights or obligations which have accrued by either you or Clubware prior to termination.
You may terminate your use of any downloaded Mobile Application by uninstalling the Mobile Application from your device at any time. Clubware may immediately terminate and block your access to any Mobile Application or the services provided by the Mobile Application for any reason, including if it believes you have engaged in conduct contrary to your obligations under these Terms and Conditions.
Clubware may at any time and without notice, remove, amend and/or vary any of the content which appears on the Website and Mobile Applications, or cease operating the Website, Mobile Applications and any related services in whole or in part.
We may also amend these Terms and Conditions from time to time, so you should check and read these Terms and Conditions regularly. By continuing to use this Website or any Mobile Application after any such amendment, you are deemed to have agreed to any amended Terms and Conditions.
If you have any questions or concerns in relation to the Website, any Mobile Application or these Terms and Conditions, please contact us.
These terms and conditions were last updated on 27 July 2018.
Information on the Website and in the Mobile Application is owned or otherwise provided by Clubware. All material, including, without limitation, text, images, graphics, layout, look-and-feel and any other information contained on or in this Website and/ or Mobile Application (collectively content), is subject to copyright and other proprietary rights, including but not limited to the Copyright Act 1994 (New Zealand) and international copyrights, trademarks or other intellectual property rights and laws.
Unless otherwise stated, copyright in the content and behaviours of this website is owned by or licensed to Clubware. Clubware authorises you to access and view content on the Website and in the Mobile Application, print individual pages and download a single copy of the material for your personal, non-commercial use.
You can reproduce this copyright material free of charge without further permission, as long as you:
Trademarks, logos and service marks (collectively Marks) displayed on this Website and in the Mobile Application are registered or unregistered Marks of Clubware or others, are the property of their respective owners, and may not be used without prior written permission of the owner of such Marks.
If you believe any material displayed on this website infringes your copyright, you may issue us a notice to request that the matter be investigated.
Address for service is:
Head of Group Compliance
5 The Warehouse Way
PO Box 34 770