Terms and Conditions
Effective: 11 February 2024
Disclaimer
You understand that any information found within our website, blogs, live events, emails, programmes and other communication channels is for educational and informational purposes only, intended to support the general well-being of women forty years and over (not specific to one person). Although there is some precise information provided, you understand that such information is not complete or exhaustive, and does not encompass all conditions, disorders, health-related issues, or respective treatments.
You understand that you should always consult your GP or healthcare provider to determine the appropriateness of this information for your own situation and if you have any questions. By participating in our programmes you confirm you have no medical conditions that would make participation unsafe, or you have received clearance from a healthcare provider. You take full responsibility for your own health and safety when using Simple Strength, our website, mobile app, advice and services.Â
By participating in Simple Strength programmes you acknowledge and accept that physical exercise carries inherent risks. You voluntarily assume full responsibility for any injury, loss, or damage that may occur while engaging in our services, except where required by New Zealand law. You release and discharge Simple Strength, its owners, employees, contractors, and coaches (present and future) from any claims or liability arising from your participation.
Results will vary depending on the individual and we do not guarantee specific outcomes such as muscle gain, or other fitness results.
Terms
This web page represents a legal document and is the terms of use (agreement) for our website, www.simplestrength.co.nz and mobile application âSimple Strength NZâ or any other Simple Strength products, programmes, services, or community spaces (together the âServicesâ),. You agree to comply with and be bound by these Terms each time you use our Services. Please read them carefully.
Our Services
Simple Strength provides fitness and wellness resources, including but not limited to strength training programmes, exercise classes, nutrition advice, online content, and community support. Our Services may be delivered through our website, mobile application, podcast, social media channels, email, or other platforms.
Definitions
The terms âusâ or âweâ or âourâ refers to Simple Strength, the owner of the website and mobile application, and âguestsâ as our guests to the site and app. A âvisitorâ is someone that merely browses the site and app and a âmemberâ is someone who has registered to use our services. The term âuserâ is a collective identifier that refers to either a visitor or a member.
All text, information, graphics, design, and data offered through our website, app or services, whether produced by our members or by us, are collectively known as our âcontentâ.
Acceptance of Agreement
This agreement is between you and Simple Strength.
Please read these terms and conditions in their entirety, as using, accessing and/or browsing our website, app and services constitutes acceptance of these terms and conditions. If you do not agree to be bound by these terms and conditions, please do not access it further.
We may amend this agreement at any time without specific notice to you. The latest agreement will be posted on our website, and continued use of our services after changes indicates acceptance of those changes.
Limited License
With membership Simple Strength grants you a non-transferable license to access and use our website, app and services in accordance with this agreement. Your use of our website, app and services are solely for personal/non-commercial purposes.
No print out, recording, download or electronic version of any part of our website or services may be used, copied, or shared by you without prior agreement by Simple Strength. Agreement does not create a partnership or joint venture between you and Simple Strength.
Legal Compliance
You agree to comply with all applicable domestic and international laws regarding your use of our website, app, content, services, and any software provided therein.
Simple Strength is supplying goods and services to the customer for business purposes within the meaning of the NZ Consumer Guarantees Act 1993.
Dispute Resolution
Before starting any court or arbitration proceedings related to these Terms, you agree to follow this process:
- Contact Us â If you have any questions, feedback, or complaints, please contact the Simple Strength team by email at [email protected]. For disputes, please provide written notice clearly describing the issue.
- Attempt Resolution â Once we receive your notice, both parties agree to use their best efforts to resolve the dispute promptly and in the spirit of cooperation and goodwill, within one month of the notice being received.
- Mediation â If the dispute cannot be resolved directly, both parties will participate in mediation with a mutually agreed third-party mediator within 21 days of the mediator being appointed. If the parties cannot agree on a mediator, one may be appointed by the President of the Canterbury-Westland branch of the New Zealand Law Society.
Costs of mediation will be shared equally unless otherwise agreed.
Our Intellectual Property
Your use of our website or services does not constitute any right or license for you to use any content, without the prior written permission of Simple Strength.
Our content, as found within our website and services, is protected for the use of Simple Strength only. The copying, redistribution, use, recording, or publication of any content is prohibited.
Our Commitment to Accessibility
Simple Strength is committed to making our websiteâs content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible, please email us at [email protected]. We welcome your feedback and will consider it as we evaluate ways to accommodate all of our customers.
Eligibility and Registration for Membership
To use our services, you must register with our website to become a member, or download the app. You must be eighteen years of age or older. Simple Strength has sole right and discretion to determine whether to accept a member, and may reject a memberâs registration, with or without explanation, to maintain Simple Strength as a safe space and protect our customers.
When you complete the registration process, you will receive or create a password that will allow you to access our services. You are responsible for keeping your account details (including passwords) safe and secure. If someone else uses your account because you shared your login, or because your details werenât kept secure, that is your responsibility.
You agree to immediately notify us of any unauthorised use of your password or any other breach of security and we reserve the right to suspend or cancel any membership if these Terms are breached, or if we believe your account is being used in a way that puts Simple Strength, or other members, at risk.
Content Disclaimer
The opinions expressed on our website are not necessarily the opinions of Simple Strength. Any content provided by us or our guests are an opinion often based on personal experience, and is not intended to upset or offend. Customer testimonials are the opinion of that person based on personal experience.
Simple Strength provide rules for member conduct and postings, however we are not responsible for what anyone posts. We will always endeavour to remove anything not in keeping with Simple Strengthâs values immediately.
Simple Strength reserves the right to change any and all content and other items used or contained in our website or services without notice and is not guaranteed to be complete, correct or up-to-date. Similar to any printed materials, the content may become out-of-date. We take our content seriously and will endeavour to keep content true and valid. We may make changes to the features, functionality or content of our website or services at any time.
Certain products or Services may be available exclusively online through the Simple Strength NZ mobile app, and may have limited quantities.Â
In the future new Services and/or features may be offered through the website or mobile app, and they will also be subject to these Terms.
Service Availability
We aim to keep our website and Services running smoothly. However, our website, app, podcasts, social media channels, emails, or other Services may be temporarily unavailable from time to time due to maintenance, updates, or other factors beyond our control. This does not constitute a breach of these Terms and we are not liable for any losses caused by temporary unavailability, internet or device issues, or problems with third-party systems or services, such as payment processors, app stores, or linked websites. We do not control these third-party services and are not responsible for their content, availability, or any issues that arise from using them.
Member Responsibility
Under no circumstances will Simple Strength be responsible for any loss or damage, or personal injury, resulting from anyoneâs use of our website or services, or any interactions between users of our website or services.
Warranty Disclaimer
The information, content and documents from our website may contain errors, bugs, problems or other limitations. Simple Strength have no liability for your use of our website or services and refunds will not be provided for technical issues outside our control.
Simple Strength cannot guarantee and does not promise any specific results from use of our website or services.
Member Conduct
Members and visitors may post their own content to our website or social media pages. Members and visitors understand that we do not guarantee the quality, accuracy or integrity of such content.
While Simple Strength is not responsible for any content, if it is reported to Simple Strength as being offensive or inappropriate, we have sole discretion to remove it and restrict anyoneâs ability to post content without further notification.
As a member, you agree not to use our services to do any of the following:
- Upload, post or otherwise transmit any content that is in any way inappropriate or invasive of anyone's privacy.
- You acknowledge that you are responsible for whatever material you submit, and you have full responsibility for the message.
Simple Strength can terminate or suspend a memberâs account without refund if they:
- Breach the terms,
- Engage in abusive or harmful behaviour, or
- Put other members or the Simple Strength reputation at risk.
Contributed Content
When you post content (such as comments, feedback, testimonials, or shared stories), you give Simple Strength permission to use it (including in marketing) in a royalty-free, worldwide licence. We will never use anything you have asked us not to use, and we will always respect your privacy. You remain responsible for the accuracy and rights to anything you post.
Payment Policy
Your membership starts from the date of purchase, and is pre-payment (in advance) for the coming month period. Payment is automatic and recurring each month, until you choose to cancel. All payments are non-refundable, except where required by New Zealand law. We reserve the right to terminate access if your payment cannot be processed.
Free Trials and Promotions
From time to time, we may offer free trials or special promotions. These are only available to new members unless we state otherwise. If your membership starts with a free trial, it will automatically roll into a paid subscription at the end of the trial unless you cancel before the trial ends. Promotional offers cannot be swapped or transferred once activated.
Price Changes & Renewal
Your membership renews automatically each month until you cancel. If we change our prices, weâll give you at least 30 daysâ notice by email. If you donât wish to continue at the new price, youâll need to cancel before the next billing date.
Limitation of Liability
To the fullest extent permitted by New Zealand law, whether in contract, tort (including negligence), or otherwise.
- Simple Strength is not liable for indirect or consequential losses, including loss of income, opportunity, or goodwill.
- Our total liability to you for any claim will not exceed the total fees you have paid us in the 12 months before the claim or $200 NZD.
- You agree to indemnify and hold Simple Strength harmless against any claims, costs, or damages that arise from your misuse of our services or breach of these Terms.
Governing Law
These Terms of Use are governed by New Zealand law. Any disputes will first be handled through our dispute resolution process, and if needed, resolved exclusively in New Zealand courts.
Cancelling Your Membership
Cancel your membership (instructions found in FAQs www.simplestrength.co.nz/faq), and your membership will cease at the end of the month period you have paid for in advance. You will not be entitled to a refund for the pre-paid period you are currently in, irrespective of the reason or timing of the cancellation request.Â
Privacy
We collect and store your personal information in order to provide our services, in line with our Privacy Policy. Payment information is securely processed through Stripe; we do not store full credit card details.
Contact Us
If you have any questions or concerns please email us at [email protected]
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