General Terms and Conditions and Payment Policy

 

Payment Policy

  • Your membership starts from the date of purchase.

  • PB Fitness Ltd is licensed to a single user only.

  • All memberships are a recurring fee, so your membership will automatically renew on the next payment date i.e 1 week after initial sign up for a 1 week membership.

  • Your membership payment is in advance. You may cancel at any time by emailing us your notice.

  • Payment details are held securely by Stripe.

 

General Terms and Conditions

  • Terms and conditions apply to all information, advice or workouts provided by PB Fitness Online Ltd including but not limited to those on social media, blogs, live events, emails, programmes and other communication channels.

 

General Provision

  • PB Fitness Ltd may change these terms and conditions from time to time by notice to the member in writing.

 

Health and Safety

  • You take full responsibility for your own health and safety when using PB Fitness Ltd, or partaking in anything provided by PB Fitness Ltd and their trainers.

  • The programmes are not designed for those with injuries, health problems or any other problems that exercise of any exertion could affect. If you have any contraindications to exercise, then you should seek the help and/or clearance of a GP, physiotherapist or another appropriate health professional.

 

Consumer Guarantees Act 1993

  • Where PB Fitness Ltd is supplying goods and services to the customer for business purposes within the meaning of the Consumer Guarantees Act 1993, pursuant to section 43, the provisions of that Act will not apply.

 

Dispute Resolution

No party shall commence any court or arbitration proceedings relating to any dispute or difference arising out of these terms and conditions unless that party has:

  • Given written notice to the other party specifying the nature of the dispute;

  • On receipt of such notice, the parties must use their best endeavours to resolve the dispute and in the spirit of co-operation and goodwill within one month of receipt of the notice; and

  • If the parties are unable to resolve the matter themselves, they will participate in mediation with a mutually acceptable third party mediator to resolve the matter within 21 days of appointment of such mediator. 

 

Governing Law and Jurisdiction

These terms and conditions, including any negotiations, mediation, arbitration, or court proceedings relating to any dispute or difference arising out of them, and any transaction contemplated by it are governed by New Zealand law. The parties:

  • submit to the jurisdiction of the New Zealand courts and any court that may hear appeals from these courts;

  • waive any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum; and

  • waive any immunity in respect of their obligations under these terms and conditions that they have or acquire from the jurisdiction of any court or any legal process for any reason.