TERMS, CONDITIONS & PRIVACY POLICY

These Online Payment Terms apply to the use of the online payment transaction services (the “Services”) for the payment and use of online products made available by TrainHer Limited (“THL”) from time to time through their website.

These Online Payment Terms constitute a contract between you and THL. By proceeding you accept these terms.

Please note that the Online Payment Terms may be altered or added to by THL at any time that THL determines necessary, with or without notice. Please, therefore, ensure that you read the Terms carefully on each occasion that you use the Services.

It is strongly recommended that you take and retain a copy of the transaction for record keeping purposes.

Online Payment Terms

Purpose

1. You may use the Services for the purposes of making payments to THL where THL offers the Services and Products, provided that you do not:

  • In any way damage or disrupt the Services/operation of the Services.
  • Use the Services or any material supplied by THL for any unauthorised or unlawful purpose.
  • Rely on the content of the material supplied by THL.

Your warranties

2. You warrant that:

  • You are aged 18 or over
  • You have the appropriate authority to validly accept the Online Payment Terms and are able to and will meet your obligations in relation to these Terms.
  • The credit card used in connection with the Services is issued in your name.
  • You will pay the credit card issuer all charges incurred in the use of the Services.
  • The information supplied by you is true and correct.

Payment

3. Payment may be made using only Visa or MasterCard credit cards.

4. THL may contact you to confirm your credit card details.

5. All charges are in New Zealand Dollars and inclusive of GST (if any).

6. Upon completing a transaction using the Services, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct. THL shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of the use of the Services or for loss of data or information caused by factors beyond THL control.

7. Once a payment has been made it cannot be cancelled.

8. THL accepts no responsibility for refusal or reversal of payments, which shall be a matter between you and your credit card issuer.

Provision/collection of information

9. You acknowledge that the credit card information supplied by you in relation to the use of the Services is processed through a secure third party website. The only information supplied to THL via the third party website is:

  • The name of the payer.
  • The first 4 and last 3 digits of the credit card (for validation purposes).
  • The payment amount.

10. By using the Services you agree:

To provide information through electronic means, i.e. you agree to provide any relevant information, in the format and to the standards described for each transaction.
That the information supplied by you will be retained in electronic form.
To receive information through electronic means.
11. You hereby authorise THL to collect information about you (including information about transactions processed by you) from time to time through THL’s website. Any such information collected shall be treated in accordance the Privacy Act 1993.

Security

12. Payments using the Services are made through a secure third party website. However, you acknowledge and agree that Internet transmissions cannot be guaranteed to be entirely secure or private and any information provided by you (including credit card information) may be able to be read and/or intercepted by a third party. THL shall have no liability for the interception and/or ‘hacking’ of any data or other unauthorised access to information provided by you for the purposes of the Services.

Exclusion/limitation of THL’s liability

13. To the extent permitted by law, THL does not accept liability for any damage, loss, costs (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred by you from the use of the Services or any product purchased. If, for any reason, THL is found to be liable to you for any damage or loss which arises as a result of your use of the Services, THL’s liability shall be limited to the amount paid by you through the Services or $100.00, whichever is the less.

Consumer Guarantees Act 1993

14. If the Consumer Guarantees Act 1993 applies to your transaction you may have rights or remedies that are not excluded or limited by clause 13. If you are using the Services for business purposes, the exclusions and limitations set out in clause 13 will apply and the provisions of the Consumer Guarantees Act 1993 are hereby excluded.

Use/availability of Services and Products

15. THL do not warrant or guarantee that the Services, Products and/or your use of the Services and Products will be error-free, immediate, virus free and/or continuously available or that the information provided through the Services or Products will be complete, accurate and/or up-to-date.

16. THL reserves the right to suspend, amend or cancel the Services at any time either temporarily or permanently.

Indemnity

17. You agree to indemnify THL for any loss, cost or expense suffered or incurred by THL as result of:

  • Your breach of your obligations under the Online Payment Terms.
  • Intentional misuse of the Services.
  • Your negligent acts or omissions.
  • Any claim brought against THL by a third party in relation to your use of the Services.

Privacy Act 1993

THL (we, us, our) complies with the New Zealand Privacy Act 1993 (the Act) when dealing with personal information. This policy sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you ( personal information) and information that could not.

This policy sets out how we will “process” meaning collect, use, store, disclose, transfer or otherwise act on information. THL takes seriously your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them.

You acknowledge that the information provided on this form (“the information”) will be held by THL and agree that the information may also be held by any company related to the THL;

THL may use the information for the purposes of marketing THL’s products and services and the products and services of any company related to THL; and

Unless advised in writing to the contrary you have “opted-in” and you may request access to the information held by THL and may request that the information be corrected if you consider the information is wrong or advise that they wish to opt-out. Proof of identity will be required to send out personal information and/or make any changes to your personal information.

PERSONAL INFORMATION WE COLLECT:

THL currently collects and processes the following information:

  • Personal Identifiers, contacts and characteristics e.g. name, address, email, phone number.
  • Payment Information: financial information such as credit card in order to facilitate the processing of payments.
  • Any information provided to us on your behalf to allow us to carry out our service to you, such as health/medical information.

We ask you to only provide information that is necessary to submit a query to our website on our services.

HOW WE COLLECT YOUR PERSONAL INFORMATION:

We collect your personal information in the following ways:

  • From “you”, when you provide your personal information to us via our website and any related service, subscription, email, phone or meeting.
  • Third parties where you have authorised us to collect it or it is publicly available.

Most of the personal information we process is provided to us directly by you, however we also receive personal information indirectly from the following sources in the following scenarios; Facebook, Instagram, Google Ads, Facebook Lead Ads, Facebook Pixel etc.

From visiting these pages, or interacting with us, you are passing information on to us via the above platforms, these are known as cookies. This type of information is technical data about your computer equipment, browsing actions and preferences. You may disable cookie usage by changing the setting in your browser. This may however affect the use of our website.

Our website also utilises the Facebook Pixel service. This tool allows us to follow the actions of users after they are redirected to a providers website by clicking on a Facebook advertisement. We are then able to record the effectiveness of Facebook advertising for statistical and marketing purposes. By using this data it allows us to create better advertisements that give you, the user, a better experience and also retarget you for further advertising on Facebook and the use of custom audiences. If you would like to find out more information on  custom audiences and or remove the permissions, you can do this here: https://www.facebook.com/adpreferences/ad_settings/

DISCLOSING YOUR PERSONAL INFORMATION

We may disclose your personal information to:

  • any company related to THL.
  • any business that supports THL’s services and products, including a person that hosts or maintains any underlying IT system or data centre that we use to provide the website or other services and products.
  • a credit reference agency for the purpose of  a credit check.
  • other third parties (for anonymised statistical information)
  • a person who can require us to supply your personal information such as a legal or regulatory authority.
  • any other person authorised by you.

Governing Law

18. The Online Payment Terms are governed by New Zealand law. The New Zealand Courts have exclusive jurisdiction over any matter in connection with the Services and these Online Payment Terms.

Licence

Each user is granted a licence as such to use the website and app personally but not for commercial purposes. This licence shall continue until terminated in accordance with these Terms and Conditions.

Terms Application

Everything on our website and app including photos, logos, videos and other content are owned or licenced by us and are subject to copyright and other intellectual property rights. By using our website and app you are agreeing with these Terms and Conditions.

Content

The Content can be obtained from a variety of sources and we will try to have them accurate and complete but cannot guarantee this. Views and opinions expressed on our website or app are those of the people saying them and don’t necessarily reflect THL’s opinion.

Intellectual Property

THL own all copyright and other intellectual property rights in and on our website and app. Written consent must be given before any type of reproducing can occur.

Website Use

You agree to use the website and app in a manner that complies with all applicable laws and regulations and does not infringe the rights of anyone else, nor restrict or inhibit the use and enjoyment of our website or app. You must take your own precautions to ensure you don’t expose yourself to viruses etc. We take no responsibility for this.

Using the website, you confirm you are over 18 or have written consent from a legal guardian. You indemnify THL to the fullest extent permitted by law for all direct or indirect loss we suffer (including solicitor client costs on an indemnity basis) for any party who is less than 18 years of age failing to comply with these Terms and Conditions.

We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your Subscription, if we believe that you may or will bring our reputation, those individuals who represent us in the marketplace, our other users, and Facebook Page members into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Website/App or to the contents and components of the Website/App or are in any way in breach of these Terms and Conditions.

Access to the information provided through our Website/App and Subscriptions is for your use only. Access to any of our content is only valid with an existing membership, we reserve the right to remove you from all and any THL property following the expiration of your membership.

Results

Although the products and services at THL are intended to be fully implemented, sometimes they are not, which could result in a lack of progress/results for the user. If you implement the products and services from THL correctly you should see amazing results, however it must be disclaimed that even when consumers implement any products or services in full from THL it is still possible they will not get the results they may have expected due to many reasons.

Subscription

Your subscription will automatically renew for the same term of your initial subscription unless you cancel your subscription 7 days prior to the expiry date by emailing accounts@trainher.co.nz. By purchasing a subscription you agree to be contracted to the fixed period of time specified by the subscription of your choice (12, 24 or 52 weeks). Cancelations of subscriptions will only take effect at the end of your current subscription period, and you will not receive a refund. Your account will remain active until the end of your paid subscription term. Your account will then be deactivated. Your information may continue to be stored for up to 3 years from the date of purchase and/or subscription at which point in time it will be deleted or destroyed. All costs are in NZ Dollars unless otherwise indicated.

Third Parties

Our Website may contain hypertext links to other websites that are not operated by us. These links are provided for your convenience only. Third party sites have their own privacy policies relating to your personal information. We will not investigate or monitor links to other websites. You link to them at your own risk. We are not responsible for the content contained on any linked website and any such link should not be taken as endorsement of any other website or products offered on that website. We may use third parties to support us in providing our Services including but not limited to payment processing and customer database management, coaching staff and others. These third parties may have access to certain personal information required to perform their function. They may not use your information for any other purpose.

Liability

THL will not be liable to you for any damages, losses (including, without limitation, loss of profits, business opportunity or data), costs or expenses of any kind which you suffer in connection with your use of, or inability to use, our Website or app or any linked website, or your use of, or reliance on, any of the content contained on or accessed through our Website or app or any linked website. You will receive access to the Program upon payment from you. If you have not received access to the Website/App or Programme you are responsible for contacting us at info@trainher.co.nz within 7 days of the date by which you purchased the Program for us to investigate.

By participating in the content we provide, you agree that you have assessed all and any risks involved in doing so including but not limited to risks that may be caused by your own acts or omissions, your health condition/s, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in our Programmes.  You assume all risks in connection with your participation in any Services that we provide, use of our Content or Programmes. Your use of our Website/App and its products and/or Services is at your sole risk.

We are not medical professionals and we do not and cannot give you any medical advice or assistance. You are responsible for assessing your own health and if participation in our Programmes is appropriate. We encourage you to seek appropriate medical advice before undertaking any of our content or Services via the Website or App.  We strongly recommend that prior to commencing any diet or exercise regime that you consult a medical practitioner in relation to that training regime. You acknowledge that when participating in any exercise or exercise program through the THL site that there is possibility of physical injury and you indemnify THL to the maximum permitted in law and release them in relation to any injury.

Refund Policy

THL Limited does not offer any refunds as this is a subscription product but you may cancel future subscriptions at any time by emailing us at accounts@trainher.co.nz.

Subscription Price Increases

THL reserves the right to increase the subscription price for their product at any time but will provide one months’ notice on any planned increase.

Your Obligations

It is understood between you and THL that both must commit to the training plan at 100% in order for you to achieve results. You are required to wear appropriate clothing and footwear when undertaking programmes designed by THL