Terms and conditions

These terms and conditions ("Terms", "Agreement") are an agreement between Limitless Strength and Conditioning ("Limitless Strength and Conditioning", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the limitlessstrengthandconditioning.com website and any of its products or services (collectively, "Website" or "Services").

Accounts and membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Uptime guarantee

We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Backups

We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Links to other websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Limitless Strength and Conditioning or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Limitless Strength and Conditioning. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Limitless Strength and Conditioning or Limitless Strength and Conditioning licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Limitless Strength and Conditioning or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Limitless Strength and Conditioning, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Limitless Strength and Conditioning has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Limitless Strength and Conditioning and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Limitless Strength and Conditioning for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Limitless Strength and Conditioning and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New Zealand without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of New Zealand. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in New Zealand, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to limitlessstrengthconditioning@gmail.com

This document was last updated on February 14, 2020

APPLICATION OF TERMS

These Terms apply to your use of the Website. By accessing and using the Website:

  • you agree to these Terms; and
  • where your access and use is on behalf of another person (e.g. a company), you confirmthat you are authorised to, and do in fact, agree to these Terms on that person’s behalfand that, by agreeing to these Terms on that person’s behalf, that person is bound bythese Terms.
  • If you do not agree to these Terms, you are not authorised to access and use theWebsite, and you must immediately stop doing so
  • CHANGES

    • We may change these Terms at any time by updating them on the Website. Unlessstated otherwise, any change takes effect immediately. You are responsible for ensuringyou are familiar with the latest Terms. By continuing to access and use the Website, youagree to be bound by the changed Terms.
    • We may change, suspend, discontinue, or restrict access to, the Website without noticeor liability.

    These Terms were last updated on 1 January 2020

    DEFINITIONS

    In these Terms:

    • including and similar words do not imply any limit
    • Loss includes loss of profits, savings, revenue or data, and any other claim, damage,loss, liability and cost, including legal costs on a solicitor and own client basis
    • personal information means information about an identifiable, living person
    • Terms mean these terms and conditions titled Website Terms of Use
    • Underlying System means any network, system, software, data or material that underliesor is connected to the Website
    • User ID means a unique name and/or password allocated to you to allow you to accesscertain parts of the Website
    • We, us or our means Limitless Strength & Conditioning
    • Website means limitlessstrengthandconditioning.co.nz
    • You means you or, if clause 1.1b applies, both you and the other person on whosebehalf you are acting.

    YOUR OBLIGATIONS

    • You must provide true, current and complete information in your dealings with us(including when setting up an account), and must promptly update that information asrequired so that the information remains true, current and complete.
    • If you are given a User ID, you must keep your User ID secure and:not permit any other person to use your User ID, including not disclosing orproviding it to any other person; andimmediately notify us if you become aware of any disclosure or unauthorised useof your User ID, by sending an email to [insert contact email].
    • You must:
    • not act in a way, or use or introduce anything (including any virus, worm, Trojan horse,timebomb, keystroke logger, spyware or other similar feature) that in any waycompromises, or may compromise, the Website or any Underlying System, or otherwiseattempt to damage or interfere with the Website or any Underlying System; andunless with our agreement, access the Website via standard web browsers only and not by anyother method. Other methods include scraping, deep-linking, harvesting, data mining, use of arobot or spider, automation, or any similar data gathering, extraction or monitoring method.
    • You must obtain our written permission to establish a link to our Website. If you wish todo so, email your request to
    • You indemnify us against all Loss we suffer or incur as a direct or indirect result of yourfailure to comply with these Terms, including any failure of a person who accesses anduses our Website by using your User ID.

    INTELLECTUAL PROPERTY

    We (and our licensors) own all proprietary and intellectual property rights in the Website(including all information, data, text, graphics, artwork, photographs, logos, icons, soundrecordings, videos and look and feel), and the Underlying Systems

    DISCLAIMERS

    To the extent permitted by law, we and our licensors have no liability or responsibility toyou or any other person for any Loss in connection with:

    • the Website being unavailable (in whole or in part) or performing slowly;
    • any error in, or omission from, any information made available through the Website;
    • any exposure to viruses or other forms of interference which may damage your computersystem or expose you to fraud when you access or use the Website. To avoid doubt,you are responsible for ensuring the process by which you access and use the Websiteprotects you from this; and
    • any site linked from the Website. Any link on the Website to other sites does not implyany endorsement, approval or recommendation of, or responsibility for, those sites ortheir contents, operations, products or operators.
    • We make no representation or warranty that the Website is appropriate or available foruse in all countries or that the content satisfies the laws of all countries. You areresponsible for ensuring that your access to and use of the Website is not illegal orprohibited, and for your own compliance with applicable local laws.

    LIABILITY

    To the maximum extent permitted by law:

    • your access and use the Website at your own risk; and
    • we are not liable or responsible to you or any other person for any Loss under or inconnection with these Terms, the Website, or your access and use of (or inability toaccess or use) the Website. This exclusion applies regardless of whether our liability orresponsibility arises in contract, tort (including negligence), equity, breach of statutoryduty, or otherwise.
    • Except to the extent permitted by law, nothing in these Terms has the effect ofcontracting out of the New Zealand Consumer Guarantees Act 1993 or any otherconsumer protection law that cannot be excluded. To the extent our liability cannot beexcluded but can be limited, our liability is limited to NZD100.
    • To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 ofthese Terms do not apply, our total liability to you under or in connection with theseTerms, or in connection with the Website, or your access and use of (or inability toaccess or use) the Website, must not exceed NZD100

    PRIVACY POLICY

    • You are not required to provide personal information to us, although in some cases ifyou choose not to do so then we will be unable to make certain sections of the Websiteavailable to you. For example, we may need to have your contact information in order toprovide you with updates from our Website.
    • When you provide personal information to us, we will comply with the New ZealandPrivacy Act 1993.
    • The personal information you provide to us (including any information provided if youregister for an account) is collected and may be used for communicating with you,statistical analysis, the marketing by us of products and services to you, credit checks (ifnecessary), and research and development.
    • We may also collect technical information whenever you log on to or visit the publicversion of, our Website. This may include information about the way users arrive at,browse through and interact with our Website. We may collect this type of technicalinformation through the use of cookies and other means. Cookies are alphanumericidentifiers that we transfer to your computer’s hard drive to enable our systems torecognise your browser. If you want to disable cookies, you may do so by changing thesettings on your browser. However, if you do so, you may not be able to use all of thefunctions on the Website. We use the technical information we collect to have a betterunderstanding of the way people use our Website, to improve the way it works and topersonalise it to be more relevant and useful to your particular needs. We may also usethis information to assist in making any advertising we display on the Website morepersonalised and applicable to your interests.
    • Generally, we do not disclose personal information to third parties for them to use fortheir own purposes. However, some of the circumstances in which we may do this are:
    • to service providers and other persons working with us to make the Website available orimprove or develop its functionality (e.g. we may use a third party supplier to host theWebsite);
    • in relation to the proposed purchase or acquisition of our business or assets; orwhere required by applicable law or any court, or in response to a legitimate request by a lawenforcement agency.
    • Any personal information you provide to us may be stored on the secure servers of ourtrusted service providers, which may be located outside New Zealand. This may involvethe transfer of your personal information to countries which have less legal protection forpersonal information than New Zealand.
    • You have the right to request access to and correction of any of the personal informationwe hold about you. If you would like to exercise these rights, please email us atlimitlesstrengthandconditioning.co.nz

    SUSPENSION AND TERMINATION

    • Without prejudice to any other right or remedy available to us, if we consider that youhave breached these Terms or we otherwise consider it appropriate, we mayimmediately, and without notice, suspend or terminate your access to the Website (orany part of it).
    • On suspension or termination, you must immediately cease using the Website and mustnot attempt to gain further access.

    GENERAL

    • If we need to contact you, we may do so by email or by posting a notice on the Website.You agree that this satisfies all legal requirements in relation to written communications.
    • These Terms, and any dispute relating to these Terms or the Website, are governed byand must be interpreted in accordance with the laws of New Zealand. Each partysubmits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to anydispute connected with these Terms or the Website.

    For us to waive a right under these Terms, the waiver must be in writing.

    • Clauses which, by their nature, are intended to survive termination of these Terms,including clauses 4.5, 5, 6, 7, 10.1, continue in force.
    • If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid,that part or provision is deemed to be modified to the extent required to remedy theillegality, unenforceability or invalidity. If a modification is not possible, the part orprovision must be treated for all purposes as severed from these Terms. The remainderof these Terms will be binding on you.
    • These Terms set out everything agreed by the parties relating to your use of the Websiteand supersede and cancel anything discussed, exchanged or agreed prior to youagreeing to these Terms. The parties have not relied on any representation, warranty oragreement relating to the Website that is not expressly set out in the Terms, and no suchrepresentation, warranty or agreement has any effect from the date you agreed to theseTerms