All users of this website ("the Site") agree that access to and use of the Site are subject to the following Terms and Conditions and in accessing or using the Site all users accept the following Terms and Conditions. If you do not agree with these Terms and Conditions please do not enter and/or use the Site.
OWNERSHIP OF CONTENT
1. The entire content of the Site, including but not limited to, text, graphics and code is the property of Pacific Health & Fitness Limited and/or its suppliers. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order with Pacific Health & Fitness Limited. Any other use, including but not limited to, reproduction, distribution, display or transmission of the content of the Site is strictly prohibited, unless authorised by Pacific Health & Fitness Limited.
2. All trademarks, service marks and trade names of Pacific Health & Fitness Limited used in the Site are trademarks or registered trademarks of Pacific Health & Fitness Limited and/or its suppliers.
3. The Site and the materials and products on the Site are provided "as is" and without warranties of any kind, whether express or implied, subject to the Consumer Guarantees Act 1993. To the fullest extent permissible by law, Pacific Health & Fitness Limited disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Pacific Health & Fitness Limited does not represent or warrant that the functions contained in the site will be uninterrupted or error free, that the defects will be corrected or that the Site or the server that makes the Site available is free from viruses or other harmful components. Pacific Health & Fitness Limited does not make any warranties or representations regarding the use of the materials on the Site in terms of the correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
LIMITATION OF LIABILITY
4. Pacific Health & Fitness Limited should not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the Site or the performance of the products available on the Site, even if Pacific Health & Fitness Limited has been advised of the possibility of such damages.
5. In the event that a product is mistakenly listed at an incorrect price, Pacific Health & Fitness Limited reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Pacific Health & Fitness Limited reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Pacific Health & Fitness Limited shall issue a credit to your credit card account in the amount of the incorrect price.
TERM & TERMINATION
6. These Terms and Conditions are applicable to you upon your accessing of the Site and/or completing the registration or shopping process. These Terms and Conditions, or any part of them, may be terminated by Pacific Health & Fitness Limited, without notice at any time, for any reason. The provisions relating to trademarks, disclaimers, limitation of liability, indemnification and jurisdiction shall survive any termination.
7. Pacific Health & Fitness Limited may deliver notice to you by means of email, a general notice on the site, or by other allowable method to the address you have provided to Pacific Health & Fitness Limited.
8. Your use of the Site should be governed in all respects by the laws of New Zealand and not by the 1980 UN Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and the venue in any legal proceedings directly or indirectly arising out of or relating to the Site (including, but not limited to, the purchase of products from the Site) shall be in the Courts of New Zealand. Any cause of action you may have in respect to the Site (including, but not limited to, the purchase of products from the Site) must be commenced within one (1) year after the claim or cause of action arises. Pacific Health & Fitness Limited's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act in modifying any of these Terms and Conditions. Pacific Health & Fitness Limited may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
9. Harassment in any manner or form on the site, including via email, is strictly forbidden. You may not upload to, distribute, or otherwise publish through the Site any content which is defamatory, obscene, threatening, invasive of privacy, abusive, illegal or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content to the site or use the site to solicit others to join or become members of any other commercial enterprise or organisation or website.
10. Pacific Health & Fitness Limited cannot review all communications posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute the content on the Site, Pacific Health & Fitness Limited is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site. Pacific Health & Fitness Limited reserves the right to block or remove communications or material that it determines to be inappropriate in any way or in violation of a copyright, trademark or intellectual property right or offensive or otherwise unacceptable in the sole discretion of Pacific Health & Fitness Limited.
11. You agree to indemnify and hold harmless Pacific Health & Fitness Limited as officers, directors, employees, agents, licensors and suppliers (collectively the "service providers") from and against all losses, expenses, damages and costs, including reasonable solicitor fees resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account or membership details.
THIRD PARTY LINKS
12. Pacific Health & Fitness Limited has no control over any links to linked sites all of which have separate privacy and data collection practices, independent of Pacific Health & Fitness Limited. These linked sites are only for your convenience and therefore you access them at your own risk. Pacific Health & Fitness Limited seeks to protect the integrity of its sites and the links placed upon it and therefore request any feedback in regard to the Site together with any links that appear on the Site (including links that do not work).