Last updated: 31 July 2018
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
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
We encourage you
associated services. By using the Website,
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.
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
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
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.
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.
someone’s past visits to our site. Of
course, any data collected will be used in accordance with our own privacy
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
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
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
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
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
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
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
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
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
By using services
provided by Stripe you agree to their terms and conditions which are available
Links to other websites
Our Website or
emails which we send to you may contain links to other sites operated by 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
third party cookies.
We are not responsible
for the accuracy and content of external websites and specifically disclaim
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
Access and update of Personal
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.
time to time. If we decide to make
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
the policy when you visit the Website.
Who are we?
Always Fit Limited
Always Fit Limited - Terms and Conditions
This website (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.
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
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 .
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 . 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
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
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.
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.
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
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
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.
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
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
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.
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.
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.
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 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.