Always Fit Limited - Privacy Policy

Last updated: 31 July 2018

General

Here at Always Fit Limited (we, us, our) we are committed to respecting your privacy when you choose to submit Personal Information to us, including via https://www.alwaysfit.app/  (the Website).  

In this Privacy Policy, Personal Information means information about an identifiable individual.  All Personal Information that we hold about you will be collected, held, used and disclosed in accordance with this Privacy Policy, all applicable privacy law and the Health Information Privacy Code 1994.

We have structured our Website so that, in general, you can visit the Website without identifying or revealing any Personal Information.  Accordingly you do not have to provide personal information to access the Website, but if you do not supply certain information then you will not be able to access some of the facilities on the Website.

If you choose to provide us with any Personal Information, then you can be assured that your Personal Information will only be used in accordance with this Privacy Policy.

We encourage you to read this Privacy Policy carefully when using the Website and/or any of our associated services.  By using the Website, you agree to the terms of this Privacy Policy.  Your use of the Website is also subject to the Website Terms available at legal disclaimer

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

Collection of your Personal Information

Information you provide to us
We collect and store Personal Information you submit when using the Website or provide to us in some other manner.  This may include information such as your name, address, postal address, email address, details of the products you have purchased, information regarding any medical conditions or allergies you may have as well as any additional information you provide to us through use of our Website and telephone number.

This information is collected in a number of ways including by filling in any of the online forms available on the Website (including placing orders for services) or when you interact with our  team.  We also collect information when you chose to submit questions to us, adjust your account settings, preferences and so on.

If you choose to provide us with Personal Information via this Website or otherwise, this information will be collected and held by us and our third party service providers as identified in this Privacy Policy.

Where you provide us information about a third party, you must have the consent of that third party before providing us with that information.  By providing us with information regarding a third party you warrant that you have their permission to provide that information to us.

Please note that we do not collect and we are not responsible for the collection or security of payment details.  Payment information is processed and stored using a third party company notified to you as part of the payment process.  Before entering your personal payment details we suggest that you read and become familiar with the privacy policy for that third party company.

Information collected automatically
In order for you to access certain functionality of our Website, a cookie or cookies may need to be installed on your computer.  Cookies are small text files that are placed on your computer by websites that you visit.  They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

Most internet browsers give you the option to reject all cookies, accept all cookies, erase cookies stored on your computer or be notified before a cookie is stored on your computer.  However, if you reject or erase the cookies referred to above some Website features or services will not function properly or may not be fully available.  Please refer to your internet browser instructions if you want to find out more about rejecting or erasing cookies.

This Website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site.  It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to our site.  Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.

You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

Use of your Personal Information

If you choose to provide us with Personal Information via this Website or otherwise, this information will only be used or disclosed for certain purposes which include the following:

to ensure our services are delivered to you and to provide offers, information and our services to you and we may also use this information to improve and enhance our services and marketing efforts including to order to arrange for a product to be sent to you, to carry out credit and other security checks and for the purposes of customer research and profiling or to ensure that any dietary guides provided to align with your specific needs and that meal plans are designed to suit lifestyle, age, height, gender and food preferences;

to monitor and/or keep records of our e-mail communications and other correspondence with you.  If you send us correspondence that contains Personal Information, we may use that Personal Information to address the nature and purposes of the correspondence;

to provide you with customer service, and to address any complaints you may have;

to analyse the use of the Website to ensure that content from the Website is presented in the most effective manner for you and for your computer;

if you opt-in to receive promotional information and/or newsletters from us, we may use such Personal Information to contact you by email and post with the information you have opted-in to receive;

in order to prevent illegal activity that threatens our computer systems or networks; and

in order to comply with any applicable laws and/or regulations.

Disclosure of your Personal Information

We will not disclose Personal Information to third parties except as described in this Privacy Policy, unless we have your consent to do so or such disclosure is required by law.

Where we do disclose your Personal Information to third parties, we do so for a permitted purpose only and will use reasonable efforts to make those parties aware of the terms of this Privacy Policy.

Third party service providers

We may share your Personal Information with certain service providers who provide services for us or perform administrative or marketing activities on our behalf, or who develop, host or maintain the Website.  These service providers may be granted access to some or all of the Personal Information you provide or we collect, but shall be restricted from using the Personal Information you provide other than as is reasonably necessary to perform their services for us.  The third parties to whom we disclose Personal Information may be located within or outside New Zealand.

We may also use service providers to assist us in aggregating and anonymising such information, so that it does not include any information from which any individual can be identified.  We do not consider such aggregated and anonymised information to be Personal Information, and its use is not subject to this Privacy Policy.

If our store is acquired or merged with another company, your Personal Information may be transferred to the new owners so that we may continue to sell products and services to you.

Third party platform and payment gateway

Our Website is hosted on a third party platform operated by MacroActive Limited.  The Website also uses third party payment platform Stripe operated by Stripe, Inc and its affiliates (Stripe).  Stripe is an online e-commerce platform that allows us to sell our products and services to you.  Your data is stored through Stripe’s data storage, databases and the general Stripe application.

By using services provided by Stripe you agree to their terms and conditions which are available at https://stripe.com/nz/privacy, including their privacy policy.

Links to other websites

Our Website or emails which we send to you may contain links to other sites operated by third parties and those third parties may use cookies on their own websites.  It is the responsibility of those third parties to collect appropriate consents from you in order to permit their own cookies (to the extent this is required by law) and to inform you about the cookies they use.  You should check the privacy policy on all third party websites to ensure you are comfortable with third party cookies.

We are not responsible for the accuracy and content of external websites and specifically disclaim responsibility for their content, privacy practices, and terms of use, and we make no endorsements, representations, or warranties about their accuracy, content or thoroughness.  You should check the privacy policies on third party website to ensure you are comfortable with how your Personal Information will be used.  Your disclosure of Personal Information to third party websites is at your own risk.  It will be governed by the terms and conditions and it will be subject to the privacy policy on those third party websites.

Access and update of Personal Information

You can ask to access and review the Personal Information we hold about you or our third party service providers hold on our behalf.  You can also request us to update or correct any Personal Information we hold about you or our third party service providers hold on our behalf.

You can lodge a request for access by sending an email to [email protected].

Modification of Privacy Policy

We may change this Privacy Policy from time to time.  If we decide to make changes to our Privacy Policy, we will post those changes on the Website so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.  Your use of the Website following any updates constitutes acceptance of this Privacy Policy as amended.  We therefore advise you to regularly review the policy when you visit the Website.

Who are we?  

Always Fit Limited

Always Fit Limited - Terms and Conditions

This website https://www.alwaysfit.app/ (the Website) is operated by Always Fit Limited (we, us, our). 

Your use of this Website and any order for services as described on this Website (Services) is subject to these terms (Terms).  Please read these Terms carefully before you start to use the Website or place an order for any Services.  Your use of the Website or order of any Services constitutes your agreement to be bound by the Terms.  If you do not agree to these Terms, please refrain from using the Website.

We aim to update our Website regularly, and may change, edit, delete or revise the content of the Website from time to time, including these Terms.  Please check this page for changes which have been made to the Terms.  By continuing to use the Website and as applicable our Services you accept these Terms as changed, edited or revised from time to time.

Our Services

For the purpose of these Terms "Agreement" means the agreement made when we accept an order from you to purchase any Services, the terms of which are set out in your order and these Terms.

We have the absolute discretion to:

·                    refuse the registration of a potential customer for any reason whatsoever; or

·                    suspend or terminate the ability of any customer to order future services whether through the Website or otherwise for any reason whatsoever.

Our right to suspend Services

If any Services are not paid for in full or a customer's bank declines payment on a customer's bank card and as a result money is owing to us, then we reserve the right to suspend the customer's ability to place further orders for Services until such time as the outstanding balance has been paid in full.

Delivery of digital products

If you purchase any Always Fit Program from the Website you will be automatically charged every period and you will continue to receive new updated meal plans and workout programs  for the time that you choose to remain a client.  In order to cancel your subscription simply send an email to [email protected].

With all our online services we have a 14 day 100% money-back guarantee — If within the first 14 days of your initial purchase you are not happy or satisfied with any of your purchases from us (subscription and non-subscription services) for whatever reason, simply just request a full refund by contacting the Customer Support team at [email protected].   You will be re-funded and your subscription will be cancelled.  However if you have purchased an Always Fit Program during a promotional period and have redeemed that promotion (e.g. supplements, clothing, headphones) you are not eligible for a refund.

All Digital Products are subject to copyright protection.  Each Digital Product is licensed to a single user only unless expressly agreed otherwise.  Customers are not allowed to copy, distribute, share and/or transfer the product to any third party or person.

HOW WE DETERMINE YOUR PROGRAM

The personal meal plan is generated based on recommended daily energy intake recommendations based on your height, weight, gender, and age. The recommendation is based on the following - [More information]

The ingredients used in our meal plans are based on the following food databases,

1. The Food and Nutrition Database for Dietary Studies (FNDDS) - [Reference]

2. The USDA National Nutrient Database for Standard Reference (SR) - [Reference]

To determine the individual's BMR we use the Mifflin St. Jeor Calculator. We then multiply by the activity level and then use a goal multiplier to work out end caloric requirements [Learn more].

The ingredients used in our meal plans are based on the following food databases,

New Zealand FOODFiles - Reference

The USDA National Nutrient Database for Standard Reference (SR) - Reference

Online Appointments - Applicable to Platinum Services Packages Only

Cancellations of any scheduled video or email appointments (each an Online Appointment) made less than 24 hours before the scheduled appointment time will be forfeited.  

You will also receive a reminder email five days before your scheduled Online Appointment.

If you can no longer make your Online Appointment, please refer to your confirmation email and find the link to manage/cancel your appointment.  Otherwise please contact us to cancel/reschedule via [email protected]. 

Fees and pricing

The fees for our Services are as listed on the Website or as otherwise agreed in writing with you (Fees).  All Fees are expressed in US dollars and are expressed inclusive of GST.

We reserve the right to change the Fees from time to time during the term of our Agreement.  We will notify you of any increase to the Fees in advance of the relevant service commencing. 

Services and/or products purchased online through the Website shall be paid for via the online platform Stripe operated by Stripe, Inc and its affiliates.  Stripe is an online e-commerce platform that allows us to sell our products and services to you.  Your data is stored through Stripe’s data storage, databases and the general Stripe application.

Intellectual property rights
All right, title and interest in all intellectual property in all concepts, systems, written, graphic and other material relating to the Website and its contents and all services and nutrition plans provided by us are owned by, and shall at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible through the Website. 

You may not translate, broadcast, perform, modify, copy, distribute, frame, reproduce, republish, display, post, transmit or sell in any form or by any means any content or intellectual property appearing on this Website without the owner’s prior written consent.

Warranties and liability

Under the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA) our liability to you cannot be excluded or limited in any way. Subject to the CGA and FTA our liability whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, our Services (and associated nutrition plans) or any other breach of our obligations relating to our Services shall not in any event exceed an amount equivalent to the price of the relevant Services.

You have statutory rights under the CGA and FTA to recover compensation for consequential loss arising from a breach of the CGA or FTA, these rights cannot be excluded or limited in any way.  Subject to the CGA and FTA we shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website, or the delivery or failure to deliver any Service.

You have statutory rights under the CGA and FTA that cannot be excluded or limited in any way, subject to those rights all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions are excluded to the fullest extent permitted by law.  You acknowledge that you do not rely on any representation or statement made by or on behalf of us other than the express provisions of these Terms.  You must ensure that our Services are not used for any purpose for which they are not suitable.

This Website’s content is not a substitute for direct, personal, professional medical care and diagnosis.  None of the meal plans or exercise program's should be performed or otherwise used without clearance from your physician or health care provider first.   The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard.  We are not medical professionals and nothing on this Website or in the Services should be misconstrued to mean otherwise.

There may be risks associated with participating in activities mentioned on our site for people in poor health or with pre-existing physical or mental health conditions.  Because these risks exist, you will not participate in any meal plan's available from us if you are in poor health or have a pre-existing mental or physical condition.   If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities. These risks may also exist for those who are currently in good health right now.

As with any exercise program you assume certain risks to your health and safety.  Any form of exercise program can cause injuries, and our programs are no exception. It is possible that you may become injured doing the exercises in your program, especially if they are done with poor form.   Although thorough instruction is included on form for each exercise.

Be aware that our programs (like any other exercise program) do involve a risk of injury.  If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities.  

We are not a medical practitioners.  Our advice whether it be on our Website, in our Services, none of it is meant as a substitute for medical advice.   You must consult your doctor before beginning ANY meal plan or exercise program, no exceptions.   You are using our plans, program's, workout's and coaching at your own risk and we are not responsible for any injuries or health problems you may experience or even death as a result of using our programs.

It is to be made clear that we are not responsible for any injuries or health problems you may experience or even death as a result of using any of our Services.

Generally  Excepted Results

Although our Services are intended to be fully implemented, sometimes they are not, which could result in a lack of progress/results for the user. If you implement the Services from us correctly you should see amazing results, however it must be disclaimed that even when consumers implement any Services in full from us it is still possible they will not get the results they may have expected and it is also possible they will not lose fat or gain muscle or achieve any positive results of any kind.

Testimonial Disclaimer

All the transformations and testimonials are real.  However, it must be disclaimed that these testimonials are not claimed to represent typical results with our meal plan's and workout program's.  They are meant as a showcase of what the most motivated and dedicated people can achieve by following our personalised meal plan's and workout program's. Your results may vary  and you may not get the same results compared to someone else when using our Services due to differences in your individual exercise history, genetics, and personal motivation/dedication.  The end results you get will depend upon the individual and how much effort you put in.

Website content and use

Site content

While we have endeavoured  to ensure that the information provided on the Website is free from error, we do not warrant its accuracy, adequacy or completeness, and we shall not be responsible or liable for any error in, or omission from, the information provided on the Website.  We reserve the right to make changes to the information provided on the Website at any time and without notice.

Links to other websites
The use of third party websites is entirely at your own risk.  Where our Website contains links to other sites and resources, provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  For the purposes of this clause a "third party website" is any website other than the Website.

Viruses and protection
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.  You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

We will report any breach of the clause above to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them to the extent permitted by legislation.  In the event of such a breach, your right to use our Website will cease immediately.

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential and indirect loss) or damage that we may incur resulting from misuse of the Website by you.  We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

General

Privacy
Please read the terms of our Privacy Policy which contains important information about how we use personal information about you which you provide when using the Website (including information about how we use cookies on the Website).  Our Privacy Policy can be accessed via privacy policy .

Notice

You can give us notice under these Terms by contacting us at [email protected].

We will give you notice by phoning, emailing and/or texting you on the contact numbers you have provided.

Jurisdiction
The Website and these Terms are governed by the laws of New Zealand and the courts having jurisdiction in New Zealand will have non-exclusive jurisdiction with respect to any dispute arising under, or in relation to your use of the Website or these Terms.  You irrevocably submit to the jurisdiction of those courts.  We also retain the right to bring proceedings in any other court of competent jurisdiction of our choice.

Severance
If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, it will be severed from the rest of these Terms which shall remain unaffected.

No waiver
No delay or failure by us to exercise any powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.