Fit Wāhine Terms of Use  

 These terms of use and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together The Terms of Use) apply to your use of and subscription to any and all Fit Wāhine Aotearoa mobile applications, websites, online classes, Wero Challenges, blogs, online shopping platforms, or any other such branded product or service which form part of the Fit Wāhine Platform (the Platform). 

These Terms of Use are entered into by and between you as a user and Fit Wāhine Aotearoa and its affiliates and supersede and replace any terms and conditions you may have previously agreed with Fit Wāhine Aotearoa in the past.  The Terms of Use of the Platform include online classes (live and pre-recorded), in person sessions, and our Challenge programs.  Your access to and use of our Platform constitutes your agreement to be bound by these Terms of Use. The offering of the Platform to you is conditional on your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Platform. 

1. USER 

1. Eligibility 

By accessing or using the Platform, you confirm that you are of legal age in your country and not under 16 years old, or you have consent from your parent or guardian, you have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Platform. 

1. Security 

By using the Platform, you will be responsible for maintaining the security of your User access, for all activities that occur under the User and any other actions in relation to User Access (with or without your permission).  

You should not share the access credentials of the Platform (including passwords) with any other person or allow any other person to access.  You must immediately notify the Fit Wāhine team in writing at [email protected] of any unauthorised use of your User access or any other breaches of security. 

1. Bring a friend 

If you would like to “bring a friend” to train with you, we allow for you to “bring a friend” free for one session only.  You must notify the coaching staff ahead of the class and ensure they reply, in writing, with permission for you to do so.  This offer is intended to allow a friend to try before they buy but is strictly limited to one session.   After this time, they must purchase one of the memberships offered to continue accessing the Platform. 

1. Tāne (male) class attendance 

The Fit Wāhine Aotearoa Platform is intended for female members, and those who identify as female.  At this stage we ask that Tāne (males) do not attend classes so as not to encroach on the experience of another member. 

1. Suspension and termination 

Fit Wāhine Aotearoa will have the right to suspend User access, or to terminate your Membership, at any time and for any reason (including where you are in breach of any of the provisions in this Term of Use), subject to Applicable Laws.  You acknowledge and agree that these Terms of Use continue to apply even after your Membership expires or is terminated, or where you have stopped using the Platform. 

1. SUBSCRIPTION SERVICE 

1. Subscription 

You can choose to subscribe to the Platform either on a monthly, quarterly or annual basis, or for such other periods that Fit Wāhine Aotearoa may offer from time to time, and the applicable fees are set forth on the Fit Wāhine webpage www.fitwahine.com or www.debitsuccess.co.nz 

Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts. 

Fit Wāhine Aotearoa reserves the right to revise and update the applicable fees for subscriptions (including the fees set out for WERO Challenge participation), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update. 

1. Free trials 

We may provide a free trial subscription for a fixed period of time, as determined by Fit Wāhine Aotearoa in its sole discretion. Unless otherwise stated by Fit Wāhine Aotearoa in respect of specific promotions, free trials are only available to new users, and Fit Wāhine Aotearoa reserves the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees. 

1. Payment details 

You can pay the fees for your subscription by: 

1. a) Signing up through Debit Success on the Fit Wāhine Aotearoa website – for New Zealand Based customers
2. b) Signing up through stripe on the Fit Wāhine Aotearoa website – For international customers

The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process, and may vary depending on your country of residence (as determined by the IP address of your device used to access the Platform). 

When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. Fit Wāhine Aotearoa reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity. 

In addition to the subscription fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. You are responsible for paying any such fees. 

1. Automatic renewal of subscription 

Your subscription will automatically renew unless you cancel at least twenty-four (24) hours before the end of the current billing period. However, you may cancel your subscription at any time calling Debit Success directly. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for. 

1. Cancellation and refund of subscription fees 

(a)  To cancel your membership before the term ends, you are required to the lesser of either: 

(a) 25% of the remaining instalments due from the date of cancellation to the expiry date of the Minimum Term; or  

(b) $150.00 cancellation fee 

(b) Subscriptions are non-refundable and there is no right to refunds or credits unless required by Applicable Laws. Although you may notify us of your intention to cancel your subscription at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund. 

1. USE OF THE PLATFORM 

1. By using the Platform, you confirm that you will not use the Platform for any of the following: 

(a) Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which Fit Wāhine Aotearoa or the User are bound in any jurisdiction applicable to the access and use of the Platform (“Applicable Laws”). 

(b) Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party. 

(c) Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details. 

(d) Fraud – any act that: (i) attempts to defraud SWEAT or any other person; or (ii) provides false, inaccurate or misleading information to Fit Wāhine Aotearoa. 

1. Contributed Content 

(a) You are solely responsible for all content or materials that you submit or otherwise upload to or through the Platform or to us (including any information contributed by you in respect of any blog, forum or chatroom, and any comments, feedback or ideas that you send to Fit Wāhine Aotearoa) (“Contributed Content”) and expressly agree not to submit or upload any Contributed Content which: 

(i) advertises or promotes any services or brands (with respect to you or any third party); 

(ii) contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal; 

(iii) you know not to be true and honest, or which spreads false or misleading statements; 

(iv) you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any party; 

(v) impersonates any person or entity or otherwise associates, infers or misrepresents the User’s affiliation with a person or entity; 

(vi) contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure; 

(vii) contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files; 

(viii) constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute “spam”; 

(ix) may expose Fit Wāhine Aotearoa or other Users to any harm or liability of any kind; or 

(x) is contrary to any Applicable Laws. 

(b) Fit Wāhine Aotearoa has the right, but not the obligation, to monitor all conduct and content submitted to or through the Platform, and may in its sole discretion: (i) refuse to publish, remove or disable access to Contributed Content that it considers breaches these Terms of Use; or (ii) suspend or discontinue your opportunity to submit, post or upload content to the Platform 

(c) You acknowledge and agree that some of your Contributed Content might continue to be publicly available on the Platform after your M,embership is closed or otherwise terminated, subject to your right to have your Contributed Content removed upon request in accordance with Applicable Laws. 

(d) If you believe that any Contributed Content violates these Terms of Use or any Applicable Laws, including any copyright laws, you should report it to the Fit Wāhine Aotearoa team at [email protected] 

1. AVAILABILITY OF SERVICES, SECURITY 

1. Fit Wāhine Aotearoa shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of Fit Wāhine Aotearoa’s control.  

1. The weekly timetable is subject to change at any time.  While all efforts will be made to ensure all live workouts and zoom workouts proceed at the pre-scheduled time, however, technical issues, network and system overloads or events outside of Fit Wāhine Aotearoa’s control may at times mean that workouts commence later than the published start time. Fit Wāhine Aotearoa will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable for or at any time or for any period. 

1. If for any reason the minimum number of fitness classes cannot be provided in any week, Fit Wāhine Aotearoa reserves the right to substitute a live or zoom workout class with a pre-recorded earlier fitness class. 

1. Fit Wahine Aotearoa reserves the right to not schedule classes on National New Zealand Public Holidays.  Fit Wāhine Aotearoa may also choose to have a reduced timetable over the Christmas and New Year period.  This will be decided at our sole discretion. 

1. You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data. 

1. You acknowledge and agree that Fit Wāhine Aotearoa shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform. 

1. You must immediately notify the Fit Wāhine Aotearoa team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform. 

1. Users may also be required to download and install updates to software so as to maintain access to the Platform and its services. A User’s failure to do so might lead to certain services offered on the Platform becoming temporarily inaccessible to the User until such update has been downloaded and installed. 

1. INTELLECTUAL PROPERTY, USE LICENCE 

1. Fit Wāhine Aotearoa’s ownership of the Platform 

All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, “Intellectual Property Rights”) in the Platform and the material published on and through it (except the Contributed Content) are owned by Fit Wāhine Aotearoa, its licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights. 

1. User’s licence to use Platform. 

You are not granted any right to use, and may not use, any of Fit Wāhine Aotearoa ‘s Intellectual Property Rights other than as set out in these Terms of Use and subject to the following conditions: 

(a) 

you are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from Fit Wāhine Aotearoa 

(b) 

you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platform; and 

(c) 

you may not use any data mining, robots or similar data-gathering or extraction methods. 

Fit Wāhine Aotearoa reserves the right to monitor your use of the Platform and to alter or revoke your license or your access to the Platform at any time and for any reason. Your license shall terminate upon the expiry or termination of your Membership. 

1. Contributed Content. 

(a) 

By posting or otherwise providing Contributed Content, you grant Fit Wāhine Aotearoa a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content. 

(b) 

You represent and warrant that you own and control all of the rights to the Contributed Content, and have the lawful right to post or otherwise provide such Contributed Content on and through the Platform and otherwise provide Fit Wāhine Aotearoa with such Contributed Content. 

1. THIRD PARTY SERVICES AND CONTENT 

In using the Platform, you may view content provided by third-parties, including links to web pages and services of such parties (“Third Party Content”). Unless expressly stated otherwise, Fit Wāhine Aotearoa does not control, endorse or adopt any Third Party Content and has no responsibility for Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. 

Your dealings or correspondence with such third parties are solely between you and the third party. Fit Wāhine Aotearoa is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk. 

If you access the Platform through or using any services or software provided by third parties, you acknowledge and agree that Fit Wāhine Aotearoa is not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services or software. 

 

 

 

 

 

 

 

1. LIMITATIONS OF LIABILITY, DISCLAIMER, INDEMNITY 

1. Limitation of Liability 

(a) 

Nothing in these Terms of Use shall exclude or restrict Fit Wāhine Aotearoa’s liability for: (a) death or personal injury resulting from the negligence of Fit Wāhine Aotearoa or its Associated Parties (as defined in Clause 7.1(b) below); (b) fraud or fraudulent misrepresentation; (c) any other matter that cannot be excluded or limited under Applicable Laws. 

(b) 

Subject to the foregoing, to the maximum extent permitted by Applicable Laws: 

(i) 

in no event shall Fit Wāhine Aotearoa, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Associated Parties”) be liable for any: 

(A) 

indirect or consequential loss; or 

(B) 

loss of profit, business opportunity, anticipated savings, revenue or goodwill, in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorised or unauthorised use of the Platform, or these Terms of Use. 

1. Disclaimers 

(a) 

To the maximum extent permitted under Applicable Laws, the Platform and any product, service or other item provided by or on behalf of Fit Wāhine Aotearoa are provided on an “as is” and “as available” basis and Fit Wāhine Aotearoa expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, Fit Wāhine Aotearoa does not represent or warrant that the Platform is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components. 

(b) 

The features on the Platform that promote physical activity, nutrition or general wellness are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your diet or lifestyle, we suggest seeking advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on the Platform. To the maximum extent permitted under Applicable Laws, Fit Wāhine Aotearoa is not responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the Platform. 

1. Indemnification 

To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand Fit Wāhine Aotearoa and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with directly or indirectly: 

(a) 

your use of, or conduct in connection with, the Platform; 

(b) 

your breach of these Terms of Use or any other policy; 

(c) 

the Contributed Content you provide; or 

(d) 

your violation of any Applicable Laws or the rights of any other person or entity. 

You will provide Fit Wāhine Aotearoa and the Associated Parties with any assistance that Fit Wāhine Aotearoa and the Associated Parties reasonably requests in defending any such action or proceeding. 

1. CHANGES AND UPDATES TO PLATFORM, TERMS OF USE 

Fit Wāhine Aotearoa may terminate or modify any feature or part of the Platform at any time without notice. Fit Wāhine Aotearoa may also revise and update these Terms of Use at any time in its sole discretion by posting an updated Terms of Use on the Platform. All such changes to the Terms of Use are effective immediately when posted to the Platform and apply to all access to and use of the Platform (including orders placed on the Platform) thereafter. Your continued use of the Platform following the posting of such revised Terms of Use constitutes your acceptance and agreement to the changes which are binding on you. 

 

1. COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION 

1. If you have any questions, feedback or complaints, please contact the Fit Wāhine Aotearoa team at the following email address: [email protected]. Alternatively, you can contact the Fit Wāhine Aotearoa team by completing a contact form available at this webpage: www.fitwahine.co.com/contact-us/  

1. These Terms of Use (including a dispute relating to its existence, validity or termination) and any non-contractual obligation or other matter arising out of or in connection with it are governed by New Zealand law. The courts of New Zealand have exclusive jurisdiction to settle any dispute arising from or connected with these Terms of Use. 

1. If you are a consumer for the purposes of the laws of the country of which you are resident, you may benefit from any mandatory provisions of such laws. Nothing in these Terms of Use, including this Clause 9, affects your rights as a consumer to rely on such mandatory provisions of law. 

 

1. GENERAL 

1. FORCE MAJEURE EVENT 

A “Force Majeure Event” means any event beyond Fit Wāhine Aotearoa’s reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction. 

If a Force Majeure Event occurs that affects Fit Wāhine Aotearoa‘s ability to perform its obligations under these Terms of Use, the Fit Wāhine Aotearoa team will contact you as soon as reasonably possible to notify you and Fit Wāhine Aotearoa‘s obligations under these Terms of Use will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event. 

1. Data Privacy 

We will only use your personal information as set out in Fit Wāhine Aotearoa‘s Privacy Policy (as amended from time to time) available at the following webpage: Need to create page and add direct link 

1. Transfers 

Fit Wāhine Aotearoa may transfer its rights and obligations under these Terms of Use to another entity, but this will not affect your rights or Fit Wāhine Aotearoa‘s obligations under these Terms of Use. You may not transfer your rights and obligations under these Terms of Use to another person. 

1. Validity 

If any provision of these Terms of Use is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. 

1. Waiver 

No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy. 

1. Relationship of the parties 

Nothing in the Terms of Use: (a) is intended to, nor shall create or be deemed to create, any partnership, joint venture, agency, consultancy or trusteeship, or (b) shall give rise to any fiduciary or equitable duties owed by Fit Wāhine Aotearoa to you. 

1. Third party rights 

A person who is not a party to these Terms of Use has no right whether by applicable statute or otherwise to enforce any term of these Terms of Use.