Clubfit Terms of Service and Privacy Policy

1. Terms

By accessing the web site at https://clubfit.co.nz, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Clubfit’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Clubfit’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Clubfit at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Clubfit’s web site are provided “as is”. Clubfit makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Clubfit does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Clubfit or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Clubfit’s Internet site, even if Clubfit or a Clubfit authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Clubfit’s web site could include technical, typographical, or photographic errors. Clubfit does not warrant that any of the materials on its web site are accurate, complete, or current. Clubfit may make changes to the materials contained on its web site at any time without notice. Clubfit does not, however, make any commitment to update the materials.

6. Links

Clubfit has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Clubfit of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Clubfit may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Clubfit’s web site shall be governed by the laws of New Zealsnd without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

YOUR PRIVACY

Bay Venues respects your right to privacy and your right to view and update any personal information we hold about you. We are committed to protecting your privacy when you visit any of our sites or contact us in any way. We will deal with your personal information in accordance with the Privacy Act 2020 (the Act) and this Privacy Policy.

AMENDMENTS

We reserve the right to change this Privacy Policy at any time by posting an updated version on our websites. Continuing to interact with us after a change (e.g. by accessing our websites or receiving our services) constitutes your consent to the updated Privacy Policy.

PURPOSE OF COLLECTION OF PERSONAL INFORMATION

Any personal information Bay Venues collects from you is for a lawful purpose connected to a function or activity of Bay Venues and is required for that purpose.

SOURCE OF INFORMATION

We collect personal information about you from:

  • You, when you provide that personal information to us, including via any of our websites and related service, through any registration process or through any contact with us (e.g. in person, telephone call, text, email or contact form on our website).
  • Third parties where you have authorised this or where the information is publically available.
  • We will endeavour, where possible, to collect personal information from you directly.

USE OF INFORMATION

Bay Venues will use your personal information

  • To verify your identity
  • To provide services and products to you
  • To market our services and products to you, including contacting you electronically (e.g. by text or email) for this purpose. You can unsubscribe at any time.
  • To improve the service we provide you
  • To bill you and to collect money you owe to us, including authorising and processing credit card transaction
  • To respond to communications from you, including a complaint
  • To conduct research and statistical analysis (on an anonymised basis)
  • To protect and enforce our legal rights, including defending any claim
  • For any other purposes authorised by you or the Act.

COLLECTION OF INFORMATION

Bay Venues takes all reasonable steps to ensure that you are aware of;

  • What information is being collected
  • The purpose it is being collected
  • The intended recipients of the information
  • The name and address of the agency collecting the information (Bay Venues) and the name and address of the agency holding the information
  • Your rights to review and correct any of your personal information held by us.

Bay Venues takes all reasonable steps to ensure the information we hold about you is accurate, up-to-date, complete, relevant and not misleading.

STORAGE AND SECURITY OF PERSONAL INFORMATION

Bay Venues takes all reasonable steps to keep your personal information safe from loss, disclosure to unauthorised parties, unauthorised activity or other misuse.

ACCESS TO INFORMATION

Subject to certain grounds for refusal, as set out in the Act, you are entitled to access your readily retrievable personal information that we hold and to request a correction to your personal information.

If we think the correction is reasonable and we are reasonably able to change the personal information, we will make that correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.

Bay Venues is entitled to charge you for the reasonable costs of retrieving and providing this information and, as applicable, for correcting this information.

DISCLOSURE OF INFORMATION

There are instances where we may disclose your personal information to others;

  • a credit reference agency for the purposes of credit checking you
  • any business that supports our services and products including those that maintain our IT systems and the data they transmit or store
  • a person who can require us to supply your personal information (e.g. a regulatory authority)
  • any other person authorised by the Act or another law (e.g. law enforcement agency)
  • any other person authorised by you
  • a third party whose software we use to communicate with you.

RETENTION OF INFORMATION

Bay Venues will not hold your personal information for longer than necessary for the purpose for which it was lawfully collected.

DISCLOSURES OF INFORMATION OUTSIDE OF NEW ZEALAND

You agree that Bay Venues may disclose your personal information outside of New Zealand (e.g. overseas software provider) where Bay Venues believes the overseas agency is subject to privacy laws that overall, provide safeguards comparable to those under the Act.

UNIQUE IDENTIFIERS

Bay Venues may assign a unique identifier to an individual for use in its operations only if that identifier is necessary to enable Bay Venues to carry out one or more of its functions efficiently.

WEBSITES

Bay Venues websites and our marketing partners use cookies (or similar tracking technologies) to track user movements and analyse trends in the aim of improving the customer experience. You can accept or decline cookies at any time by modifying your browser settings. Our marketing partners also use tracking technology to provide targeted advertising based on your past behaviours; in the aim to serve you with advertising that is relevant to your preferences and interests.

We take reasonable measures to protect personal information entered via our websites. Ecommerce transactions are via third party agencies within New Zealand and overseas. Bay Venues believes the agency is subject to privacy laws that overall, provide safeguards comparable to those under the Act.

When you upload, post, or otherwise make content available via a Bay Venues website you agree that the content does not violate any laws including intellectual property rights and privacy laws, and you grant Bay Venues royalty free permission to use, modify, edit and display the content.

PRIVACY OFFICER

Bay Venues has a designated Privacy Officer assigned to deal with any privacy breach or complaint.

COMPLAINTS

Bay Venues is committed to dealing quickly and appropriately with any privacy complaints. If you are concerned your privacy has been breached or compromised or would like to know more about this Privacy Policy, please contact Bay Venues Privacy Officer on [email protected]