TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Healthstyle Limited, trading as KRAV FIGHTER, 89 Grafton Rd, Auckland 1010 (referred to as “Company”, “we” or “us”), provides the kravfighter.co.nz Website located at kravfighter.co.nz and the kravfighter.co.nz mobile and desktop apps (collectively, the “Website”), subject to your compliance with all the terms, conditions and notices contained or referenced herein (the, “Policy”). In addition, when subscribing to certain services from the Website, users will be subject to additional rules applicable to such services.
By using this Website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to KRAV FIGHTER and “You” and “Your” refers to you, the client, visitor, Website user or person using our Website.
The information contained in this Website is for general information purposes only and is provided by KRAV FIGHTER. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website.
Through this Website, you may be able to link to other Websites, which are not under the control of KRAV FIGHTER. We have no control over the nature, content and availability of those Websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the Website up and running smoothly. However, KRAV FIGHTER takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.
1) COPYRIGHT NOTICE, TRADEMARK AND RESTRICTIONS OF USE
This Website and its contents are the copyright of “KRAV FIGHTER” and “HEALTHSTYLE Limited" – © 2017-2018. All rights reserved.
This Website contains material, which is owned by us or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the Website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Website.
KRAV FIGHTER expressly reserves all copyright and trademark in all documents, information and materials on our Website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other Website or other form of electronic retrieval system.
2) – YOUR PRIVACY
You may change your personal details at any time by advising us in writing via e-mail, except your payment information as transferring payment details via e-mail is not considered secure. You may change your payment information either online via self-service, or by filing the appropriate direct debit forms at our office in person. All customer data collected is secured against unauthorized use or access. Credit card and bank account information is not stored by us on our servers and once entered into the KRAV FIGHTER user management software it cannot be read back, and therefore misused for fraudulent purposes.
3) – SECURITY AND STORAGE OF YOUR INFORMATION
We receive and store information you enter on our Website, emails, phone or other formats. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, fill in a registration/waiver form or communicate with our web, email and/or phone support.
We may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding our Website and information in the form of a newsletter. However if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned immediately.
Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect our copyright, trademarks and other legal rights.
We respect the privacy of our online visitors. We may collect information on or through this Website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters (“Personal Data”).
Any non-personal information, communications and material you send to this Website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.
We strive to ensure the security, integrity and privacy of personal information submitted to our Website, and we periodically update our security measures in light of current technologies.
4) – COOKIES
5) – DISCLOSURE OF YOUR INFORMATION
We may be required, in certain circumstances, to disclose information in good faith and where KRAV FIGHTER is required to do so in the following circumstances: to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of KRAV FIGHTER, our customers or third parties.
If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be disclosed to a potential purchaser under a confidentiality agreement. We would only disclose your information in good faith and where required by any of the above circumstances.
6 – THIRD PARTIES
We do not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of KRAV FIGHTER, our customers or third parties or if required by law.
We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our Website and services but not for any other use.
9) – AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our Website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our Website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and KRAV FIGHTER’s rights and obligations to each other.
10) – LIMITATION OF LIABILITY
It is an essential pre-condition to you using our Website that you agree and accept that KRAV FIGHTER is not legally responsible for any loss or damage you might suffer related to your use of the Website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this Website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
11) – CONTRACT AND COMMERCIAL LAW ACT 2017
You must be over 18 years of age to use this Website and to purchase any goods or services. Using this Website or making purchases whilst under the age of 16 does not in and of itself render the purchase invalid, and you or your parent/guardian may be legally liable for any purchases.
12) – LINKS TO OTHER WEBSITES
KRAV FIGHTER may from time to time provide on its Website, links to other Websites, advertisements and information on those Websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between KRAV FIGHTER and the owners of those Websites. KRAV FIGHTER takes no responsibility for any of the content found on the linked Websites.
This Website may contain information or advertisements provided by third parties for which KRAV FIGHTER accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
13) – EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of KRAV FIGHTER. KRAV FIGHTER expressly excludes and does not permit you to use or access our Website, to download any documents or information from its Website or obtain any such documents or information through a third party. If you breach this term then KRAV FIGHTER will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. KRAV FIGHTER reserves the right to exclude and deny any person access to our Website, services or information in our sole discretion.
14) – WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and KRAV FIGHTER concerning your use and access to this Website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any New Zealand legislation. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
15) – EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in New Zealand, such a clause shall not apply in New Zealand and shall be deemed never to have been included in these terms and conditions in New Zealand. Such a clause if legal and enforceable in any other Country or Territory shall continue to be fully enforceable and part of this agreement in those other Countries and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
16) – JURISDICTION
This agreement and this Website are subject to the laws of New Zealand. If there is a dispute between you and KRAV FIGHTER that results in litigation then you must submit to the jurisdiction of the courts of New Zealand.
17) – SELF DEFENCE TRAINING, FITNESS TRAINING
You should always consult a physician before starting a fitness program or diet plan. Not all exercises, nutrition programs or activities are suitable for everyone. The information presented in this Website is in no way intended as a substitute for medical, nutritional or psychological counselling.
Exercise and health are matters that vary from person to person. You should understand that when participating in any exercise, exercise program or self-defence program, there is the possibility of physical injury. If you engage in this exercise or program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge KRAV FIGHTER, all its instructors, commentators and any associated with the Website from any and all claims or causes of action, known or unknown.
This Website and its contents are made available without warranties or guarantees of any kind and KRAV FIGHTER, any contributing author(s) of any articles including any third party contributors, disclaim any and all liability for any type or form of injury, including personal, direct, indirect or consequential or damage of any kind or type resulting from the use of this Website or from any information, advice, goods, services or other resources that may be mentioned or made accessible through this Website. This includes personal physical injury from performing any exercise described, or any and all forms of injury and/or damage to person, both animate or inanimate, mental, physical, electronic or any and other form of injury. We also disclaim liability caused by intentional or unintentional negligence.
All information contained on the Website, including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. The content is also not intended to be a substitute for professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, consult your primary care physician, registered dietician or another allied health professional.
18) – DISCLAIMER
To the fullest extent permitted by law, KRAV FIGHTER absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. KRAV FIGHTER gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our Website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its Website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of KRAV FIGHTER to bear any entire costs of servicing, repairs, or correction. The applicable law in your Country or Territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this Website or any products or services that may be offered through it. It is your responsibility to do so.