WEBSITE TERMS & CONDITIONS AND TERMS OF SALE

1. ABOUT THESE TERMS

Please read these Terms and Conditions carefully before using the Lifespan Fitness New Zealand website (the Site) or purchasing products from us.

These Terms and Conditions apply to:

• your access to and use of the Site;
• all content and information available through the Site; and
• all orders for products or services placed through the Site.

The Site is operated by Global Fitness & Leisure Pty Ltd (GFL) under the Lifespan Fitness brand. References to GFL, Lifespan Fitness, we, us or our in these Terms and Conditions refer to Global Fitness & Leisure Pty Ltd, as applicable.

By accessing or using the Site, you agree to these Terms and Conditions.

By placing an order through the Site, you also agree to the Terms of Sale contained within these Terms and Conditions.

If you do not agree with these Terms and Conditions, you should discontinue use of the Site.

New Zealand Consumer Rights

Nothing in these Terms and Conditions is intended to exclude, restrict or modify any rights or remedies available to you under the Consumer Guarantees Act 1993 or any other applicable New Zealand law where those rights or remedies cannot lawfully be excluded, restricted or modified.

Where there is any inconsistency between these Terms and Conditions and a mandatory right available to you under New Zealand law, the mandatory legal right will apply.

2. WEBSITE CONTENT

All content featured or displayed on the Site, including but not limited to logos, icons, brand names, trade marks, text, graphics, photographs, images, videos, audio, illustrations, product information, website designs and software (Content), is owned by GFL or used by GFL with the permission of the relevant content owner.

Unless otherwise stated, all private-label brands, brand names, logos, product names and associated branding presented by GFL on the Site are owned by GFL.

The Site, its design, Content and associated intellectual property may be protected by copyright, trade mark and other intellectual property laws.

Except where expressly permitted by these Terms and Conditions or authorised by GFL in writing, no part of the Site or its Content may be copied, reproduced, republished, distributed, transmitted, modified or otherwise used for commercial purposes.

All rights are reserved.

3. COPYRIGHT AND TRADE MARKS

Unless otherwise stated, copyright in the Content on the Site is owned by GFL or the relevant content provider.

You may view, download or print Content from the Site for your own personal, informational and non-commercial use, provided that you do not modify the Content or remove any copyright, trade mark or other proprietary notice.

You must not, without prior written permission from GFL:

• copy, reproduce, republish or distribute Site Content for commercial purposes;
• modify or create derivative works from Site Content;
• use GFL Content or branding on another website, marketplace, platform or commercial publication;
• use GFL trade marks, logos, product names or brand names in advertising or promotional material without authorisation;
• use GFL branding in a manner that suggests an association, endorsement or relationship with GFL where none exists; or
• remove or alter copyright, trade mark or proprietary notices appearing on the Site.

All private-label trade marks, service marks, logos, product names and trade names displayed on the Site that are owned by GFL remain the property of GFL.

Any third-party trade marks displayed on the Site remain the property of their respective owners.

TERMS OF SALE

4. ORDERS

When you place an order through the Site, you are making an offer to purchase the products in your order in accordance with these Terms and Conditions.

An automated order confirmation or acknowledgement does not necessarily constitute acceptance of your order.

All orders are subject to:

• product availability;
• successful payment;
• verification of pricing and product information;
• applicable delivery restrictions; and
• GFL's acceptance of the order.

GFL may decline or cancel an order before acceptance where there is a reasonable basis to do so, including where:

• a product is unavailable;
• an incorrect product, description or price has been published;
• a genuine pricing or system error has occurred;
• payment has not been authorised or successfully completed;
• we reasonably suspect fraudulent or unauthorised activity;
• we are unable to deliver the product to the nominated location; or
• accepting or fulfilling the order would breach applicable law.

If payment has already been taken for an order that we do not accept, the amount paid for the affected product or order will be refunded using the original payment method where reasonably practicable.

5. PRODUCT AVAILABILITY

Products displayed on the Site are subject to availability.

Stock levels and availability information may change without notice, including while an order is being processed.

The inclusion of a product on the Site does not guarantee that the product is currently available or will remain available.

If a product becomes unavailable after you place an order, we will contact you and provide an appropriate solution, which may include a refund, substitute option where agreed with you, or another available remedy.

6. PRODUCT INFORMATION

Lifespan Fitness takes reasonable care to provide accurate product information, specifications, descriptions, availability and pricing.

However, errors or omissions may occasionally occur, and information may change from time to time.

To the extent permitted by law, we do not warrant that all information, availability, specifications or prices displayed on the Site will at all times be current, complete or error-free.

If you are unsure about the validity of any product information, specification, availability or pricing, or notice an apparent error or inconsistency, please contact Lifespan Fitness for confirmation before purchasing.

Product photographs, renders, lifestyle images and other visual material are provided for illustration purposes. While we take reasonable steps to represent our products accurately, colours and appearance may vary depending on lighting, photography, screen settings, production batches and other factors.

Minor variations that do not materially affect the product's function or description may occur.

Nothing in this section limits your rights where a product does not correspond with its description or otherwise fails to meet a guarantee imposed by applicable New Zealand consumer law.

7. PRODUCT SUITABILITY, HEALTH AND SAFETY

Customers are responsible for considering whether a product is appropriate for its intended user, purpose and location before purchasing or using it.

Please read all product specifications, warnings, safety instructions, assembly instructions and user manuals before using a product.

Where appropriate, we recommend consulting a qualified health professional before purchasing or using fitness or exercise equipment to determine whether the product and intended exercise are suitable for the user.

This is particularly important where the intended user has an existing medical condition, injury, physical limitation or other health concern that may affect their ability to safely use fitness equipment.

Products must only be used for their designed and intended purpose and in accordance with the manufacturer's or GFL's instructions and recommendations.

8. PRICES

Unless otherwise stated, all prices displayed on the Lifespan Fitness New Zealand Site are in New Zealand Dollars (NZD) and include Goods and Services Tax (GST) where applicable.

Product prices do not include delivery, freight, handling, installation or other service charges unless expressly stated.

Applicable delivery and handling charges will be calculated or displayed during checkout and are additional to the price of the products being purchased.

Prices may change from time to time without notice. Any price change will apply to orders placed after the updated price takes effect and will not ordinarily alter the agreed price of an order that has already been accepted by GFL.

Savings and Comparison Prices

Where a saving, discount or comparison price is displayed for a product, the saving is calculated against the reference price identified for that product.

The reference price may include, as applicable, the lower of:

• the manufacturer's recommended retail price (RRP); or
• the applicable ticketed, regular or former selling price.

Any comparison price or advertised saving is intended to represent a genuine reference price at the time the representation is made.

Promotional prices may apply for a limited period or while stocks last and may be subject to additional promotional terms.

9. PRICING ERRORS

While we take reasonable care when publishing prices, genuine pricing, typographical, technical or system errors may occasionally occur.

GFL reserves the right to correct genuine pricing errors as soon as they are identified.

If an incorrect price is identified before an order has been accepted, GFL may:

• correct the price;
• contact you and offer the opportunity to place or proceed with the order at the correct price; or
• reject or cancel the affected order.

If payment has already been processed for an order that is rejected because of a genuine pricing error, we will refund the amount paid for the affected product.

Where a pricing error is identified after an order has already been accepted or completed, GFL will deal with the matter in accordance with applicable New Zealand law.

10. PAYMENT

All payments must be made in full before an order is accepted by Lifespan Fitness New Zealand unless another payment arrangement has been expressly agreed.

Available payment methods will be displayed during checkout.

By submitting payment details, you represent that you are authorised to use the nominated payment method.

GFL may carry out reasonable payment, identity or fraud-prevention checks before accepting or dispatching an order.

Where we reasonably suspect that a payment method has been used fraudulently or without authorisation, we may delay, decline or cancel the order while the matter is investigated.

To the extent permitted by law, GFL will not be responsible for direct, indirect or consequential loss suffered because a credit card, PayPal account or other payment account has been fraudulently or unlawfully used by another person where that fraudulent or unauthorised use was not caused by GFL.

Nothing in this section limits any liability GFL may have under applicable law.

11. DELIVERY

Delivery of products purchased from the Site is subject to our Delivery Policy, which forms part of these Terms and Conditions.

Please refer to our Delivery Policy for information regarding:

• delivery services and service areas;
• estimated delivery timeframes;
• delivery charges;
• tracking;
• delivery access requirements;
• unattended deliveries;
• large or bulky products;
• Special Order products; and
• other delivery conditions.

Delivery dates and timeframes provided by GFL or a delivery provider are estimates unless expressly stated otherwise.

You are responsible for providing accurate delivery details and ensuring reasonable and safe access to the nominated delivery location.

To the extent permitted by law, GFL is not responsible for loss, theft or damage occurring after goods have been successfully delivered to the nominated address or an authorised safe-drop location, where that loss, theft or damage is caused by circumstances outside GFL's reasonable control.

If a delivery issue arises, please contact us as soon as reasonably possible and we will work with you and the relevant delivery provider to investigate and resolve the issue.

Nothing in our Delivery Policy or these Terms and Conditions limits any rights you may have under applicable New Zealand consumer law.

12. SPECIAL ORDER DELIVERIES FROM AUSTRALIA

Selected products may be offered as Special Order items and are shipped from Australia to New Zealand specifically to fulfil your order.

By purchasing a Special Order product, you acknowledge and agree that:

• Shipping from Australia: Special Order products are dispatched from Australia and transported to New Zealand before being transferred to the applicable local delivery network for final delivery.
• No Cancellations or Amendments: Once a Special Order has been placed, it cannot be cancelled or amended, including changes to products, quantities or other order details, except where required by applicable New Zealand consumer law.
• Transit Times: Delivery and transit timeframes provided for Special Order products are estimates only. Actual delivery times may vary and are generally longer than for products stocked locally in New Zealand.
• Potential Delays: Delays may occur due to circumstances including international freight schedules, customs and border processing, port congestion, weather conditions, carrier delays, public holidays and other circumstances outside GFL's reasonable control.
• Delivery Terms: Special Order purchases are also subject to the applicable Delivery Policy and Special Order Delivery Terms & Conditions, which provide further information regarding delivery timeframes, service conditions, access requirements and other important terms.

Customers should review the applicable delivery terms (click here) carefully before purchasing a Special Order product.

13. RETURNS, REFUNDS AND FAULTY PRODUCTS

Returns are subject to our Returns Policy, which forms part of these Terms and Conditions.

Please refer to our Returns Policy for information regarding:

• faulty or damaged products;
• products damaged during delivery;
• returns eligibility;
• return procedures;
• refunds;
• repairs and replacements; and
• any applicable conditions relating to change-of-mind returns.

Our Returns Policy operates in addition to, and does not replace or restrict, any rights or remedies available to consumers under applicable New Zealand law.

Where the Consumer Guarantees Act 1993 or another applicable law gives you a right to a repair, replacement, refund, compensation or another remedy, those statutory rights continue to apply regardless of anything stated in our Returns Policy or these Terms and Conditions.

14. PRODUCT USE AND LIMITATION OF LIABILITY

Products must be assembled, installed, maintained and used in accordance with their intended purpose and any instructions, warnings, specifications or recommendations supplied with the product.

To the maximum extent permitted by law, GFL does not accept liability for loss, injury or damage caused by use of a product in a manner that is not designed, recommended or intended by GFL or the manufacturer.

This includes, where applicable, loss, injury or damage arising from:

• misuse or abuse of the product;
• neglect or inadequate supervision;
• excessive or unreasonable use;
• use exceeding stated weight, capacity or operating limits;
• failure to follow safety or operating instructions;
• incorrect assembly or installation;
• defective or inappropriate installation performed by a person not acting on behalf of GFL;
• unauthorised alteration or modification;
• inadequate or incorrect maintenance;
• repair performed incorrectly or by an unauthorised person;
• use of incompatible accessories, components or replacement parts;
• use of a domestic-use product in a commercial environment where it is not designed for that purpose; or
• events or circumstances outside GFL's reasonable control.

To the maximum extent permitted by law, GFL excludes liability for indirect, special or consequential loss arising from circumstances for which GFL is not legally responsible.

This exclusion does not apply to any loss or damage, including reasonably foreseeable consequential loss, for which you are entitled to compensation or another remedy under the Consumer Guarantees Act 1993 or other applicable New Zealand law.

Nothing in these Terms and Conditions excludes or limits GFL's liability where such liability cannot lawfully be excluded or limited.

If a problem arises with a product, please contact Lifespan Fitness as soon as reasonably possible. We will assess the circumstances and work with you to resolve the issue in accordance with our policies and applicable law.

GENERAL WEBSITE TERMS

15. WEBSITE DISCLAIMER

The Site and its Content are provided for general information purposes.

While GFL takes reasonable steps to ensure that information published on the Site is accurate and current, information may occasionally contain errors, omissions or outdated information.

To the maximum extent permitted by law, GFL does not warrant that:

• the Site will always be available, uninterrupted or error-free;
• all information will always be complete or current;
• the Site or its servers will be free from viruses or other harmful components; or
• the Site will be compatible with every device, browser, network or internet connection.

Nothing contained on the Site constitutes medical, health or other professional advice.

Nothing in this section excludes or restricts a statutory guarantee, right or remedy that cannot lawfully be excluded or restricted.

16. PRIVACY AND PERSONAL INFORMATION

Lifespan Fitness treats customer personal information in accordance with our Privacy Policy and applicable privacy laws.

Our Privacy Policy explains how we collect, hold, use, disclose and protect personal information, including information provided when you:

• create an account;
• place an order;
• contact us;
• subscribe to marketing communications;
• enter a promotion; or
• otherwise interact with the Site.

Please review our Privacy Policy for further details regarding how your personal information is handled.

17. USE OF THE WEBSITE

You must not use the Site in any way that:

• breaches applicable law or regulation;
• infringes the intellectual property, privacy or other rights of another person;
• is threatening, false, misleading, defamatory, abusive, discriminatory, obscene or otherwise unlawful;
• introduces viruses, malicious software or harmful code;
• attempts to gain unauthorised access to the Site or related systems;
• interferes with the normal operation or security of the Site;
• collects information about another user without authority; or
• uses the Site for unauthorised commercial solicitation, advertising or promotional activity.

GFL may restrict or suspend access to the Site where it reasonably believes a user has breached these Terms and Conditions, applicable law or another person's rights.

18. THIRD-PARTY LINKS

The Site may contain links to websites, applications or services operated by third parties.

These links are provided for convenience or additional information and may take you outside the Site.

Third-party websites are outside GFL's control and may have their own terms and conditions, privacy policies and cookie practices.

Unless expressly stated otherwise, the inclusion of a third-party link does not mean that GFL endorses, controls or accepts responsibility for that third-party website, its products, services or content.

You should review the applicable terms and privacy policies of third-party websites before using them or providing personal information.

19. USER GENERATED CONTENT

The Site may allow users to submit reviews, comments, photographs, videos, questions, suggestions, feedback or other material (User Generated Content).

By submitting User Generated Content, you grant GFL a non-exclusive, royalty-free, worldwide licence to use, reproduce, display, distribute, adapt and publish that content for purposes associated with GFL's business, products, websites, social media, advertising and marketing.

You retain ownership of any intellectual property rights you hold in your User Generated Content.

You represent that:

• the User Generated Content is your own work or you have permission to submit it;
• its use will not infringe another person's intellectual property, privacy or other rights;
• it does not contain unlawful, defamatory, misleading or inappropriate material; and
• you have authority to grant GFL the rights described above.

Views and opinions expressed in User Generated Content belong to the person who submitted them and do not necessarily represent the views of GFL.

GFL may review, refuse, edit, block or remove User Generated Content where it reasonably considers the material to be unlawful, inappropriate, misleading, offensive, infringing or inconsistent with these Terms and Conditions.

20. PROMOTIONAL CODES, COUPONS AND VOUCHERS

Promotional codes, coupons and vouchers issued by Lifespan Fitness are subject to any specific terms provided with the relevant promotion.

Unless otherwise stated:

• promotional codes and vouchers issued for the Lifespan Fitness New Zealand Site are redeemable online only;
• delivery charges do not count towards a minimum order value unless expressly stated;
• promotional codes and vouchers have no cash value and cannot be exchanged for cash;
• promotional codes cannot be applied retrospectively to completed orders;
• offers are subject to availability;
• promotional codes may have expiry dates, minimum spend requirements or product exclusions;
• multiple promotional codes cannot be combined unless expressly permitted; and
• GFL may amend, suspend or withdraw a promotion where reasonably necessary, subject to applicable law.

Specific promotional terms presented with an offer will apply in addition to these Terms and Conditions.

21. CHANGES TO THESE TERMS

GFL may update these Terms and Conditions from time to time to reflect changes to our business, Site, policies or legal requirements.

Updated Terms and Conditions will apply from the date they are published on the Site unless otherwise stated.

Any changes will apply prospectively and will not remove or reduce rights that have already arisen in relation to an order or transaction.

We recommend reviewing these Terms and Conditions periodically.

22. SEVERABILITY

Each provision of these Terms and Conditions is intended to operate separately.

If any provision is found to be invalid, unlawful or unenforceable, that provision will be severed or modified to the minimum extent necessary without affecting the validity or enforceability of the remaining provisions.

23. GOVERNING LAW

These Terms and Conditions and purchases made through the Lifespan Fitness New Zealand Site are governed by the laws applicable in New Zealand.

Nothing in this section limits any mandatory consumer rights or protections available under New Zealand law.

24. CONTACT US

If you have any questions about:

• these Terms and Conditions;
• an order;
• a product;
• delivery;
• returns;
• a pricing or website error; or
• any other issue relating to the Site,

please contact GFL by using our Customer Service page located on this site.

We encourage customers to contact us directly if a problem arises so that we can investigate the issue and work towards an appropriate resolution.