terms of service and privacy policy
BOXFIT ONLINE (“BFON”) is a digital subscription service of Boost Health & Fitness. BFON offers a subscription video on demand service for on-demand online workouts.
Your participation in BFON indicates your acceptance of and agreement to all of these BFON Terms and Conditions (these “Terms”) as in effect from time to time, including, without limitation the arbitration provision below, and any changes or updates to these Terms.
These terms of service (“terms”) set forth the legally binding terms for your use of the web site. By accessing, downloading, or using the web site, you are accepting these terms and you represent and warrant that you have the right, authority, and capacity to enter into this agreement. You may not access or use the web site or accept these terms if you are not at least 18 years old. If you do not agree with all the provisions of this agreement, do not access and/or use the web site.
You agree that BFON may provide notices, disclosures, and changes or updates to these Terms, and other information relating to the BFON by electronic means, including posting these materials online at the BoxFit Online website.
Our Content; Proprietary Rights
Through our web site, we offer, sell, and digitally distribute videos, audio visual combinations, music, sounds, graphics, photos, and other content, as well as sell products related to that content. We are the owner or authorized licensee of all information, materials, functions and other content contained on our web site, and you acknowledge that you are only receiving a limited right to access or use this content. No content from our web site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our web site. We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of our web site and its content. We may use such information and data for benchmarking and other service enhancements. We will handle and treat any information we collect from you in compliance with the Privacy Act New Zealand (1993).
The name “BoxFit Online” and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered and/or common law trademarks, trade names in New Zealand and/or other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress. We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.
Third-Party Links
We are not responsible for the content or availability of outside web sites or resources linked to or referenced on our web site. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, or other materials on or available from such web sites.
Your Account
You must create an account to use a product or service offered on our website. To do so, you must provide an email address. By creating an account, you agree to receive notices from BFON.
By creating an account this allows access to the BFON website for ONE subscriber and this subscription may not be used for multiple users. Additional users will need to create individual accounts. Business’s are prohibited from subscribing to BFON and offering it as a service, either paid or unpaid, to their clients.
WAIVER AND ASSUMPTION OF RISK.
Eligibility; Age Restriction
Subscriptions
Renewal & Termination
ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.
You may cancel your BFON subscription at any time. You must cancel your subscription through your account using the following steps:
Cancellations take effect at the end of the current billing period.
Payment Processing; Order Fulfilment
When you input your credit card information as payment for an order, you will be directed to PayPal which securely transmits that information, verifies the credit card and remits the payment to us. We never store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless BFON or Boost Health & Fitness from your failure to pay any and all taxes, including sales tax, based incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination.
BFON fulfils all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high-quality viewing experience, we don’t make any guarantee as to the resolution or quality of the content.
Changes to BFON Terms
BFON may change or update these Terms, or modify, suspend or terminate BFON and its features, in whole or in part, at any time, without notice. BFON may provide notices, disclosures, and changes or updates to these Terms, and other information relating to BFON, including modification, suspension and termination of BFON, by electronic means, including posting these materials online at the BoxFit Online website. BFON is subject to the Terms then in effect, and it is the responsibility of the participant to review the current Terms.
Medical Disclaimer
We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use BFON. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the website.
Limitation of Liability
Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
Acceptable Use
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our web site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of our website.
Unacceptable Use
You shall not: modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the web site; remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the web site or any content; “frame” or “mirror” any portion of the web site, or link to any material other than via the homepage of the URL located at www.boxfitonline.com or the URLs provided by us to you for such purposes, without our prior written authorisation; use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the web site; or harvest or collect information about or from users of the web site without their express consent and, if such consent is provided, only pursuant to applicable law.
Reporting Copyright Infringement
If you are a copyright owner, or are authorised to act on behalf of one, please report alleged copyright infringements taking place on or through our web site Identify the copyrighted work that you claim has been infringed. Identify the material you claim is infringing and that is to be removed or disabled and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the web site where such material may be found. Provide your mailing address, telephone number, and, if available, email address.
Warranties/Limitation of Liability
OUR CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR WEB SITE OR, SERVICES, WITHOUT LIMITATION, ANY WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES THAT THE WEB SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEB SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEB SITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEB SITE AT ANYTIME WITHOUT NOTICE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEB SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify and hold harmless BFON or Boost Health & Fitness officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of any breach by you of any of these Terms of Service or your violation of any law or the rights of a third party.
Termination
These Terms shall take effect on the date you first access or use our web site and shall continue until terminated in accordance with these Terms. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or part of our web site and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.
Modifications
We reserve the right to make changes to these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarise yourself with any modifications. By continuing to access and use our web site after those changes become effective, you consent and agree to be bound by the revised Terms.
These Terms and Conditions are effective as of August 10th, 2020