Disclaimer and Indemnity
While we will attempt to ensure that the information provided on this Web Site (including illustrations and specifications for products) is correct, we cannot guarantee its reliability, accuracy or completeness. The information provided on this Web Site should not be considered advice of any nature. Such information is provided on an "as is" basis, without warranties, representations and guarantees of any kind, either express, implied or statutory, including without limit, suitability, fitness for purpose, accuracy or completeness of this Web Site.
In no event shall we, or any of our subsidiary companies or each of our respective officers, employees, agents, contractors or agents (altogether "Company and Staff") be liable for any loss, damage, claim, expense, cost or liability arising from, or relating to, your use or non-use of this Web Site, or your reliance upon information contained upon this Web Site. Without limiting the previous sentence, the Company and Staff will have no liability for any loss, damage, claim, expense, cost or liability you suffer as a direct or indirect result of any:
(a) failure to receive any electronic message from you or any other person using this Web Site, or any corruption of any such message;
(b) inaccuracy of any information contained on this Web Site;
(c) action taken by you as a result of information contained on this Web Site;
(d) temporary or permanent unavailability of this Web Site;
(e) interception of, or any other unauthorised dealing with, any electronic message sent by you or any other person using this Web Site;
(f) defect in, or problem with, any computer system or communication link;
(g) delays in electronic communication; or
(h) unavailability of, or defect in, any products advertised on this Web Site.
The above does not exclude, restrict or modify any non-excludable condition, warranty, right or remedy conferred on you, or implied by the Consumer Guarantees Act 1993 or any other applicable legislation. If you are using this Web Site or its content for business purposes, the above exclusions will apply and the New Zealand Consumer Guarantees Act 1993 will not apply. If we breach any condition or warranty implied by that Act or any other applicable legislation, our liability will to the fullest extent permitted by law be limited to whichever we see fit to provide of:
(a) in the case of the supply of goods - replacing or repairing the goods or supplying equivalent goods, or paying the cost of replacing or repairing the goods or of acquiring equivalent goods;
and
(b) in the case of the supply of services - supplying the services again, or paying the cost of having the services supplied again.
The exclusions and limits set out in these Terms and Conditions will also operate for the benefit of all suppliers, licensors and agents we use to provide this Web Site.
You agree to indemnify the Company and Staff and keep the Company and Staff indemnified in respect of any claim, liability, loss, damage, cost (including any legal cost) or expense which the Company and Staff or any of them may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with regard to this Web Site (or any part of its content and functions) or your breach of these Terms and Conditions.
Additional Terms
You may need to agree to additional terms and conditions for any promotions or competitions which may be available to you from time to time through this Web Site, prior to being able to participate in such promotions or competitions. Any such additional terms and conditions must be read in conjunction with these Terms and Conditions and to the extent of any inconsistency, these Terms and Conditions will prevail.
Termination
Your ability to access and use this Web Site may be terminated by us at any time without notice and without any liability to the Company and Staff. Any indemnities given by you and limitations on the Company and Staff's liability will survive such termination.
Any termination of your right to use or access any part of this Web Site will not affect any rights which have accrued to or have been accrued by either you or us prior to termination.
Compliance with Laws
You must comply with all applicable laws, ordinances, rules, regulations codes, and codes of all relevant regulatory bodies in relation to your access to, or use of this Web Site.
Miscellaneous
A right relating to these Terms and Conditions may only be waived by us in writing. Our failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
These Terms and Conditions are governed by, and are to be construed in accordance with, the laws in force in New Zealand, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts in New Zealand.
If any provision of these Terms and Conditions is held void, unenforceable or illegal, that provision will be severed, and the rest of these Terms and Conditions will have full force and effect.
We may amend these Terms and Conditions from time to time so you should check and read these Terms and Conditions regularly. By continuing to use this Web Site after any such amendment, you are deemed to have agreed to the amended Terms and Conditions.
Contacting Us
If you have any questions or queries in relation to this Web Site or these Terms and Conditions, please contact us via the email address info@cityfitness.co.nz or 04 2382523.