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Website terms of use

This website (Site) is operated by Body20 Global New Zealand Ltd (NZBN: 9429048727754) (we, our or us). It is available at: www.body20.co.nz and may be available through other addresses or channels.

How you consent to these terms of use

If you access and/or use our Site, you are taken to have agreed to these terms of use (Terms). Please read these Terms carefully – if you don’t agree to them, then you must cease using our Site immediately

When we make changes to these terms of use

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Privacy

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on our Site) sets out how we will collect and handle your personal information.

Your licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Conduct we don’t accept

When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes:

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  2. using our Site to defame, harass, threaten, menace or offend any person;
  3.  interfering with any user of our Site;
  4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  5. using our Site to send unsolicited electronic messages; or
  6. facilitating or assisting a third party to do any of the above acts.

Competitors are excluded from using our Site

You are prohibited from using our Site, including our Content, in any way that competes with our business. 

Our Site is for your personal use only

We’ve designed our Site for you to use it personally, and not on a commercial basis. You must not use our Site, or any of our Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity.

Information

Please note that our Content is factual information only, is not comprehensive and is for general information purposes only. Our Content is not a financial or credit service or advice, including legal advice or tax advice. You cannot rely on it as such. We use reasonable attempts to ensure the accuracy and completeness of our Content, we provide our Content in good faith, make no representation or warranty in relation to it, and are not liable for any loss arising from reliance on our Content.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site, all of our Content and any copyright, registered or unregistered designs, patents or trade mark rights and domain names (Our Intellectual Property). Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to Our Intellectual Property. You must not:

  1. copy or use, in whole or in part, any of Our Intellectual Property;
  2. reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
  3. breach any intellectual property rights connected with Our Intellectual Property, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

Content you upload

We encourage you to interact with our Site! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. If you make any User Content available on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

  1. You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
  2. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  3. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites

Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. 

What happens if we discontinue our Site

To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:

  1.  they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free or free from viruses; or
  3. our Site will be secure.

You read, use and act on our Site and our Content at your own risk.

Our liability is limited

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of Our Intellectual Property and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of Our Intellectual Property and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.   

Terminating these terms

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Dealing with a problem

If you would like to give us feedback, please contact us – we appreciate your input. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by someone with authority to reach a resolution, meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If a part of these Terms isn’t right

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Which laws govern these terms of use

If you are in New Zealand and a consumer of products or services, you may have certain rights and/or remedies under the New Zealand Consumer Guarantees Act 1993. When a guarantee under the Consumer Guarantees Act 1993 is breached, you may be entitled to a range of remedies. For the avoidance of doubt, nothing in these Terms is intended to exclude, restrict or modify a consumer’s rights under the New Zealand Consumer Guarantees Act 1993.

Your use of our Site and these Terms are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand.

Our Site may be accessed throughout New Zealand and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access our Site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

BODY20 GLOBAL NEW ZEALAND LTD, NZBN 9429048727754

Email: studio@body20.co.nz

Website Terms of Use from LegalVision New Zealand.

Membership Terms and Conditions

GENERAL INDEMNITY

I, the Member, hereby confirm that I am physically and medically fit to proceed with the EMS (electro muscle stimulation) exercise and the training routine. I acknowledge and accept that I will conduct the EMS training entirely at my own risk and hereby indemnify and hold completely harmless and blameless Body20 Global New Zealand Ltd, together with all of its directors, employees, agents, representatives, franchisees, trainers, and any other person involved in my EMS training, against any claim, liability, damages, or any other loss whatsoever resulting from or related to my EMS training, whether directly or indirectly. This indemnity extends to waiving any claim of whatsoever nature arising purely from my presence at a Body20 premises. This indemnity shall be binding on my estate, executor, heirs, administrator, parents, or guardians. All clauses within this agreement must be construed together and not treated separately.

SPECIFIC TERMS AND CONDITIONS

  1. GST: All Membership fees included in this Agreement are quoted inclusive of GST as regulated by Inland Revenue and is subject to change.
  2. MEMBERSHIP PAYMENTS IN CASH, EFT, POS OR ANY METHOD OTHER THAN DEBIT ORDER: Where members opt out of Direct Debit payments, the following applies:

2.1. The Membership Fee must be paid one (1) month in advance to the account nominated by Body20 New Zealand, at the sole discretion of the Studio Owner.

2.2. The Member agrees to pay the Membership Fee on or before the 1st of every month. Should the 1st of the month fall on a non-business day, the Membership Fee must be paid on the business day preceding the non-business day.

2.3. If the payment was not made on the business day following the 1st, Body20 New Zealand reserves the right to cancel the Membership Agreement with immediate effect, and all classes will be forfeited, including all available catch-up classes.

  1. EMS CLASSES:

3.1. Class reservations: Throughout the term of the Membership Agreement, members have the option to choose and schedule their preferred EMS classes using the GymMaster App. Class availability is contingent upon a first-come, first-served basis. If the member cannot attend a pre-booked session and provides a 12/6-hour notice as set out in Clause 5 of this Agreement they may reschedule, subject to availability and the discretion of Body20 Studio, as long as their membership is active and payments are current. Failure to adhere to the 12/6-hour Notice Rule results in forfeiture of the session without the option to retain credit.

3.2. Catch-up classes that are older than three (3) months will automatically be cancelled and forfeited.

3.3. Missed classes will be forfeited. Body20 reserves the right to cancel all future bookings if two (2) consecutive classes are missed without adherence to the Notice Rules. It is the member’s responsibility to follow the Notice Rules and manage their bookings using the GymMaster  App. Any request for the studio to modify bookings on behalf of the member must be submitted in writing to the respective studio.

  1. ADDITIONAL TOP-UP EMS SESSIONS: the Member may purchase top-up sessions at any time at a pro-rata fee equal to the cost per session of their respective selected Membership package.
  2. 12/6-HOUR NOTICE RULE: Body20 enforces a strict 12-hour notice rule for all morning time slots and a strict 6-hour notice rule for all afternoon time slots, which requires the Member to cancel scheduled classes via the GymMaster App within the applicable notice rule timeframe if unable to attend a booked class. Adherence to the notice rule will let you qualify for a catch-up session credit, as detailed above.
  3. GENERAL TERMS AND CONDITIONS, PRIVACY POLICY, AND CODES OF CONDUCT AND AMENDMENT THEREOF: Body20 and each of its Franchisee operated studios may implement general terms and conditions, privacy policies, and codes of conduct. Body20 Global New Zealand reserves the right to modify, amend or change these terms and conditions at any time, and such modifications shall be effective immediately upon posting the updated terms and conditions on the Body20 New Zealand website. The Member acknowledges and agrees that it is their responsibility to review the terms and conditions periodically and be aware of any changes. Continued use of Body20 New Zealand’s services after any modifications to the terms and conditions shall constitute acceptance of such modifications. Body20 Global New Zealand may at its sole discretion, provide notice of changes to the Member via email or other means. However, the absence of or failure to receive such notice does not relieve the Member of their obligation to comply with the updated terms and conditions. Furthermore, the Member acknowledges and agrees that any modifications to the terms and conditions will automatically apply to all previous versions of this agreement. The terms and conditions in force at the time of use or engagement with Body20 New Zealand, whether reviewed by the Member, shall govern the relationship between the parties. By entering into this agreement, the Member expressly waives any right to challenge the validity, enforceability, or applicability of the updated terms and conditions to previous versions of this agreement.
  4. MEMBERSHIP AGREEMENT CANCELLATION: By entering into the Membership Agreement, the Member acknowledges and agrees to abide by the terms of the Agreement, and that should the Member elect to prematurely cancel the agreement for any reason whatsoever, then Body20 shall be entitled to charge a cancellation penalty fee, calculated at Body20’s standard membership tariffs irrespective of any promotions or discounts the member may have enjoyed during their membership, in contemplation of the agreement enduring for its intended term.

Notice of cancellation must be given by completing the Cancellation Form, which is available on request. Cancellations are only processed on the first business day of a calendar month and should therefore be delivered in person to the Body20 studio no less than five (5) business days prior to the first business day of the next calendar month. Any other forms of communication will not be considered proper written notice. Note the terms set out in clause 9 of this agreement stipulating that placing a membership on hold will extend the Member’s initial contract term. The Membership will remain active until all outstanding fees have been settled irrespective of the instruction to cancel received.

7.1. 12- and 24-Month Contracts – the Member may cancel a 12- or 24-month Membership Agreement by giving one (1) calendar month’s written notice. Upon cancellation, the member will be liable for a 30% cancellation fee of the remaining contract value, provided that the membership is within its initial contractual period.

7.2. On completion of the initial 12- or 24-month contractual period, the Member may cancel a Membership Agreement on the condition that there are no outstanding fees or amounts due, by giving one (1) month written notice, adhering to the terms and conditions set out above and where no cancellation fee applies.

7.3. No Minimum Term Contracts – the Member may cancel a no minimum term Membership by giving two (2) months written notice, adhering to the terms and conditions set out above. The member will be liable for full membership payment during the notice period and no cancellation fee will apply.

7.4. Body20 may cancel the Membership Agreement by giving one (1) month’s written notice delivered to the Member, if the Member fails to comply with any terms of the Membership Agreement unless the Member rectifies the failure within the notice period. Should the Membership Agreement be cancelled by Body20, as detailed here, the membership will no longer be active, and no cancellation fee will apply.

7.5. Memberships are not transferable to other persons.

  1. CHOSEN ADDRESS FOR SERVICE: The Member has provided his/her chosen address for service on the cover page hereof.
  2. COOLING-OFF PERIOD:In the event that the Member concluded a Membership Agreement with Body20 in direct response to a Direct Marketing Campaign operated by Body20, which campaign was directed to the Member personally, by way of either mail or other electronic communication, notwithstanding the Member’s other rights to cancel any such Membership Agreement in terms of the provisions of the Consumer Protection Act, the Member enjoys the right to cancel any agreement resulting from such direct marketing campaign within a 5-day cooling-off period, without reason or penalty, provided that the Member shall not have utilized his/her membership during the cooling-off period, in which case the Member shall be entitled to cancel the agreement in accord with the provisions of clause 6 above.
  3. MEMBERSHIP ON HOLD: The Member may place their Membership on hold for a minimum of one (1) month up to a maximum of three (3) months in a 12-month cycle for medical reasons only. To do so, a medical certificate from a registered medical practitioner must be provided, and the member’s account should not be in arrears. The minimum contract period on 12- and 24-month contracts will be extended by the number of months the membership is frozen. The Member is required to complete a Membership Hold Request Form and provide documentary evidence supporting the request. A membership hold fee will apply.
  4. MEMBERSHIP PROMOTIONS, EXPIRY, RENEWAL AND FEES: Upon the expiry of a 12- or 24-month Membership Agreement, unless the Member shall have notified Body20 to cancel the Agreement no less than one (1) month before its expiry date, the Membership Agreement shall automatically continue on a month-to-month basis, on any amended terms and conditions, including membership fee increases as having been applied during the minimum contract period, until the Member either:

11.1 cancels the Membership Agreement by giving written notice as set out in Clause 7 of this Agreement, it is specifically recorded that no cancellation fee (as set out in clause 6 above) shall be applicable in these circumstances,

11.2 enters into a new Membership Agreement with Body20 on the prevailing terms and conditions thereof.

Membership fees for all contract types will increase on an annual basis, on the 1st of January for members who sign up before 30 June and on the 1st of July for members who sign up after 30 June, at a rate that is linked to CPI and commercial requirements, at the sole discretion of Body20.

  1. PAYMENT METHODS:The following payment methods are applicable:

12.1 Joining Fee: the joining fee is payable by the member on commencement of this agreement and is collected from the member, by the Studio, by card or EFT payment. The joining fee is not refundable and includes a training garment. If the membership is cancelled for any reason and subsequently the member wishes to re-join, the applicable joining fee will apply again, at that time.

12.2 Membership Agreements: the Member agrees

12.2.1 to pay via direct debit for all monthly membership fees due;

12.2.2 that debit orders are processed by the Body20 Global Accounts Department on the 1st day of each month.

12.2.3 in the event that any direct debit/payment is returned and/or declined for any reason whatsoever, or in the event that the member has cancelled the Membership Agreement but does not pay the agreed Cancellation Fee (as set out in Clause 7 above) in accord with the express terms of the signed Membership Agreement, Body20 shall be entitled to hand the member over for immediate Legal Action in order to recover the money owing to Body20 in terms hereof, and in doing so shall also be entitled to recover all of their associated legal costs on the attorney and own client scale.

Promotions and discounts are applicable to term-based Membership Agreements Only. Members only qualify for one (1) promotion at a time, unless otherwise specified by Body20.

  1. PERSONAL INFORMATION: Body20 understands that the Member wishes the personal information provided herein to remain confidential, and Body20 undertakes to take all reasonable and necessary steps to protect the personal information. The Member understands that such measures may not be successful in protecting the information completely, and to the extent that there is any breach of Body20’s security measures, the Member shall have no claim against Body20 in respect thereof, irrespective of the nature or circumstances of the breach. Body20 will not sell or share the personal information with any third party but may utilize the personal information in order to manage your Membership, provide you with the services envisaged in terms of this Membership Agreement, as well as provide you with further information or news on the products, services, special promotions and the like (“promotional communication”) offered by Body20 from time-to-time. Should you not wish to receive any such promotional communication from either Body20 or one of its Franchisees, please send Body20 an email advising them accordingly, and Body20 shall remove you from any such promotional distribution lists but shall remain in contact with you in respect of your Membership.
  2. MODEL RELEASE: The Member hereby grants permission to Body20 to reproduce images taken of myself for the purpose of publication, promotion, illustration, advertising, or trade in any manner or in any medium. The Member reserves the right to revoke this permission at any time, in writing to BODY20 GLOBAL NEW ZEALAND.