Terms and Conditions
Privacy policy: You should read these Terms and Conditions in conjunction with our Privacy Policy.
Consumer Guarantees Act: Nothing in these Terms and Conditions limits your rights under the Consumer Guarantees Act. We will meet our obligations as per the Consumer Guarantees Act with regards to refunds. All requests for refunds must be made in writing to help@nakedgym.co.nz for consideration. Please include the circumstances and your reasons why you believe a refund is justified. We will endeavour to reply within 7 days to your request.
Industry Partners: If you wish to be registered as a Personal Trainers, Nutritionalist or similar health and fitness expert please email us for Industry Partner Terms and Conditions.
These Terms and Conditions form a legal contract between you and The Naked Gym and govern your use of this site.
We provide a link to these Terms & Conditions at the bottom of every page of the site.
By using this site, you accept these Terms and Conditions and to such changes as may be made from time to time to these terms. When you purchase products or services from us, you accept the general terms of use, as well as any specific conditions that apply to that purchase.
To ensure the best experience for all our members, The Naked Gym reserves the right to change or discontinue at any time any aspect, content or feature of this site including the right to revise and update these Terms and Conditions at any time and the right to cancel any user or Member's access to the site.
By joining The Naked Gym you confirm and agree that:
- The information you have provided is true, accurate, current and correct;
- You will maintain and keep information up to date in the My Account section of the site;
- You will not disclose to any other person your password and other login information and you will take full and personal responsibility for any activity which occurs in respect of your account (whether or not you have disclosed your login information to any other person);
- In the event you suspect that your account has been or might be interfered with, without your authority, you will notify The Naked Gym and change your password immediately.
- Any notice or other communication to you may be by email to your email address as notified to us. Notices will be deemed served once they have been sent from The Naked Gym's mail server irrespective of whether the email is received.
- You will maintain a valid credit card or a valid direct debit authority or any other payment method approved by us and provide us with the details required for the use of the payment method;
- Information about you that we obtain through your use of the site and the various products and services, is subject to our Privacy Policy.
- You have registered using your true legal identity and have not previously operated a separate account with The Naked Gym.
You also agree to provide us with accurate and complete personal information where required. This may include:
- Your name;
- Your email address;
- Your physical address;
- If different, the address where any products would be shipped;
- Your credit card number, type, the name on your card, and the expiry date, the card security number, name of the card issuing bank and the country the card was issued in;
- Your postal address;
- Your landline telephone number;
- Where individual orders are considered high value, a photocopy of the front and back of the relevant credit card;
- To read more about how we use and store your personal information, read our Privacy Policy.
You agree that you are solely responsible for the content of any transmissions you make to the Site or any materials you add to the site, including to any Discussion Forum.
Without written approval from The Naked Gym, you shall not upload, distribute, or otherwise publish through any interactive channel provided or managed by The Naked Gym that:
- Is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
- Is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
- Constitutes or contains false or misleading indications of origin or statements of fact;
- Slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
- Causes injury of any kind to any person or entity;
- Infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
- Violates any applicable laws, rules, or regulations;
- Contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of the site or any computer software or hardware or telecommunications equipment.
Furthermore, you agree that conduct prohibited in connection with the site includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the site.
Suspension or cancellation of membership
If the information provided by you to The Naked Gym is untrue and inaccurate, not current or incomplete, or if you are otherwise in breach of the terms of this Agreement, The Naked Gym may at any time cancel or suspend your membership with immediate effect, and refuse any and all current and future use of the The Naked Gym service. In that event you will not be entitled to a refund of any part of your membership fees.
The Naked Gym does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material contributed by users or endorse any opinions expressed by users. Any reliance on content posted or contributed to the site is at your own risk.
The Naked Gym permits the posting of reviews on its site and submissions of suggestions, ideas, comments, questions and other information. Members may not submit content which is, or might be construed to be, illegal, obscene, threatening, defamatory, an invasion of privacy, infringing any other person's intellectual property rights or otherwise injurious to third parties, or objectionable. The Naked Gym reserves the right (but not the obligation) to remove or edit such content and to cancel access to the site for any person or organisation that submits any such content.
Any opinions, advice, statements, or other information submitted by members on the The Naked Gym site are those of the respective authors and not of The Naked Gym. The Naked Gym will not be held liable for any loss or damage caused by the reliance by any person on information obtained through the The Naked Gym or this site. You should rely on your own judgment to evaluate the information, opinion, advice, or other content available through The Naked Gym.
The content on the site is presented in summary form, is general in nature, and is provided for informational purposes only. The content is not intended in any way to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Neither the content nor any other service offered by or through the site is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on the site.
The information provided within this site and from our services is not intended to be a diagnosis or prescription.
Before beginning any diet or fitness program please consult a physician. Discontinue any exercise that causes you pain or severe discomfort and consult a medical expert. The authors of this site, and all its content, cannot guarantee any exercise, health, weight loss or fitness results or improvements to the users of The Naked Gym.
The Naked Gym does not recommend or endorse any specific test, products, or procedures that may be mentioned on the site. Any opinions expressed on the site are the opinions of the authors. The Naked Gym does not assume any liability for the contents of any material provided on the site. Reliance on any information provided by experts (whether endorsed by The Naked Gym or not), members or other visitors to the site is solely at your own risk. The Naked Gym assumes no liability or responsibility for any damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained on the site or provided to you in any other way by The Naked Gym.
Personally Identifiable Information
You should be aware that should you voluntarily disclose personally identifiable information (for example, user name, email address, phone numbers) on the bulletin boards, chat rooms or other interactive areas of the site, that information, along with any substantive information disclosed in your communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of The Naked Gym and The Naked Gym makes no warranties about the discoverability of your identity by methods beyond our control.
The Naked Gym reserves the right to delete or edit any voluntary disclosure of personally identifiable information. The Naked Gym also reserves the right to cancel access to nakedgym.co.nz for any person who voluntarily discloses personally identifiable information on the site.
Your rights of access and use
You have the right to access and use nakedgym.co.nz provided you comply with these terms and conditions. If you breach any part of these terms and conditions, we reserve the right to cancel your access to nakedgym.co.nz without notice or compensation.
You will access the site and use it solely for its intended purpose and you will not interfere with it or create any connection to it or link to it without the express written permission of The Naked Gym.
You agree not to interrupt or attempt to interrupt the operation of nakedgym.co.nz in any way.
Membership
Only users who comply with the Terms of Membership and Fee-Based Services may access Members Only areas of the site.
Personal use
The content of nakedgym.co.nz is for your personal use only. You must not share this service with any other person or organisation.
Special conditions apply for organisations who wish to provide access to nakedgym.co.nz to their members or employees. Please address all requests for corporate partnerships and memberships to help@nakedgym.co.nz.
No commercial use policy
Our reports, information and ratings may not be used in advertising or for any other commercial purpose.
Copyright
Copyright in all material on the site is owned by the Naked Gym unless otherwise indicated. You may view the site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for your own personal non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents of the site are strictly prohibited.
Any content you review or contribute to the site is deemed to be non-confidential. You agree that you will not upload or transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting any content to this site, you automatically grant and warrant that the owner of such content has expressly granted the Naked Gym a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, adaph, edit, translate, distribute, perform, and display the content alone or as part of other works in any form, media, or technology whether now known or hereafter develoeprs, and to sublicense such rights through multiple tiers of sublicenses - whether such use is to improve the Naked Gym or for any other purpose.
None of the content on the site may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of the Naked Gym.
For information obtained from third parties and reproduced on the site with their express permission, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the content or reproduce, display, publicly perform, distribute or otherwise use the content in any way for any public or commercial purpose. The use of the content on any other site or in a networked computer environment for any purpose is prohibited.
Trademarks
All trademarks, logos, images, product and company names referred to in this site are the property of their respective owners. You may not use these means of identification for any purpose.
Ownership of The Naked Gym
The Naked Gym is owned by The Naked Gym Limited and is the trading name of that company. Every reference in this agreement, on the site, or otherwise to The Naked Gym is a reference to The Naked Gym Limited and where relevant nakedgym.co.nz.
Reproducing material
All users are allowed to view and copy free materials (not including software) from nakedgym.co.nz for their own personal, non-commercial use. Members of The Naked Gym are also allowed to view and copy Member-only material for their own personal use.
Any other reproduction (including by electronic means) of nakedgym.co.nz or any of our other publications, in whole or in part, is forbidden without our written permission. Please address requests to help@nakedgym.co.nz.
Email Newsletters
All nakedgym.co.nz members will automatically receive our newsletter and gym performance update emails. You can choose to remove yourself from any of the emails, by either clicking on the unsubscribe link at the end of each email or by updating your email preferences under My account.
Links to other sites
Links within nakedgym.co.nz are provided for your information. We do not endorse and have not necessarily verified any of the information available through the use of any link found within nakedgym.co.nz.
Linked sites are not under the control of The Naked Gym and we are not responsible for the conduct of companies linked to our site. Those links are provided for convenience only and may not remain current or be maintained.
Links to those sites should not be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.
We accept no liability for any loss caused as a result of any information or opinion contained in any link found within nakedgym.co.nz.
If you decide to access linked third-party Sites, you do so at your own risk and your use of third-party Sites is subject to the Terms and Conditions of use for such sites.
Contributed content
The Naked Gym allows members and contributing specialists and experts, to comment and contribute content on nakedgym.co.nz in order to provide opinion and information to assist you reach your fitness goals. We do not endorse and have not necessarily verified any of the information contributed to nakedgym.co.nz. We accept no liability for any loss caused as a result of any information or opinion provided by any contributor on nakedgym.co.nz.
Errors and updates
Content on the site comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. The Naked Gym makes no representations about the results to be obtained from using the site or the content. The use of the site and the content is at your own risk.
We reserve the right to add or remove material, and correct errors. If you find any errors on any part of nakedgym.co.nz, please report them to help@nakedgym.co.nz.
The Naked Gym accepts no responsibility for any inability to access nakedgym.co.nz. The Naked Gym will not be liable for any failure or unavailability of our service including the site, or corruption of any data or information transmitted in connection with the use of the site, which are beyond our reasonable control. In any other event, our liability will be limited to a refund, or partial refund, calculated by reference to the period during which the service was unavailable.
No liability for damage
We will use our best efforts to keep nakedgym.co.nz free from viruses and errors. However, we do not accept liability for any damage or loss caused to your computer hardware, software, Internet connections or other peripherals as a result of your use of nakedgym.co.nz.
Security and Privacy
When you purchase a membership, product or service from nakedgym.co.nz your credit card information is encrypted and passes through our secure server. To read more about our security system, read our Privacy Policy.
Whilst your credit card details are encrypted and are not stored on the site once any transaction is confirmed, we will keep all your personal information confidential, even if that personal information was not encrypted.
We will not sell or give any of your personal information to a third party without your permission.
For more information about how we use and store your personal information, please read our Privacy Policy.
Jurisdiction
The laws of New Zealand apply to these terms and conditions. Any dispute arising in relation to these terms and conditions will be resolved in accordance with New Zealand law.
Contacting us
Please address any questions or complaints to our Customer Services team at help@nakedgym.co.nz
Online Purchases
Various products and services are available for purchase on nakedgym.co.nz.
These include:
- Membership to The Naked Gym, giving access to Member Only parts of our site for the term of your membership;
- Access to SMS alerts and reminders on a pay-per-alert basis;
- Fitness Equipment;
- Nutritional plans;
- Any other products, services or programmes marked as being available for purchase on nakedgym.co.nz
Prices
All prices are stated in New Zealand dollars (NZ$), and include Goods and Services Tax (GST). If you require a currency converter, click here www.oanda.com/converter/classic.
We reserve the right to increase fees or to introduce new prices for products and services at any time. Any such changes apply as soon as they are published on nakedgym.co.nz.
Methods of payment
Payment for all purchases through nakedgym.co.nz is by credit card. Any changes to the available methods of payment will be published on nakedgym.co.nz.
We reserve the right to change methods of payment for products and services at any time. Any such changes apply as soon as they are published on nakedgym.co.nz.
Payment
Applicable membership fees must be received prior to member access being granted. Payment must also be received prior to products and services being purchased.
With regard to memberships, we will seek to ensure continuity of service by sending you reminders prior to any relevant expiry dates.
Problems with payments
If we cannot charge your credit card account or do not receive payment owing from you, we will contact you at your most recently updated email address.
If we are unable to contact you by email, we reserve the right to suspend or terminate your access to nakedgym.co.nz.
Your obligations
You agree not to sell, assign or transfer your rights as a member of nakedgym.co.nz.
You agree to pay the relevant fees published on nakedgym.co.nz, and any other charges (including Internet connection charges) you incur in order to access the Fee-Based Services.
You agree to abide by these Terms and Conditions, and agree that The Naked Gym can cancel your access to the site without notice or compensation in the event that you breach the Terms and Conditions of the site.
Your personal information
You agree to provide us with accurate and complete personal information where required. This may include:
- Your name;
- Your email address;
- Your physical address;
- If different, the address where any products would be shipped;
- Your credit card number, type, the name on your card, and the expiry date, the card security number, name of the card issuing bank and the country the card was issued in;
- Your postal address;
- Your landline telephone number;
- Where individual orders are considered high value, a photocopy of the front and back of the relevant credit card;
- To read more about how we use and store your personal information, read our Privacy Policy.
Your username and password
As part of the registration process, you will select a username and a password. Use your username and password to gain access to any Members Only areas of the site, products or services you have purchased.
Confirmation process
When your order has been processed and your payment has been received, we will confirm your order by:
- A Confirmation of Order message displaying on your computer screen, which you should print out; and
- A Confirmation of Order email sent to the email address you have supplied.
Your membership or access to products and services begins from the date of these Confirmations.
Security and unauthorised use
You must keep your username and password confidential.
You are responsible for ensuring there is no unauthorised use of nakedgym.co.nz under your username and password.
You agree to notify us promptly if:
- You suspect unauthorised use of your access to nakedgym.co.nz; or
- Know or suspect loss or disclosure of your username or password.
You are liable for any unauthorised use of your access to the site until you notify us and update your username and password.
Updating your personal information
If any of your personal information changes, you agree to notify us promptly, either by logging into nakedgym.co.nz and updating your account, or by contacting us at help@nakedgym.co.nz.
Contacting you
You agree that we have the right to contact you, using the contact information provided by you, to notify you about:
- Your Online access;
- Your use of nakedgym.co.nz and the Fee-Based Services;
- Changes to the nakedgym.co.nz service;
- Changes to these terms and conditions;
- New Naked Gym products, services and promotions; and
- Any other information necessary for the operation and security of nakedgym.co.nz.
Cancelling your membership
You may cancel your membership at any time.
To do this, contact us at help@nakedgym.co.nz.
Except where required by the Consumer Guarantees Act, we do not give refunds for cancelled memberships. When you cancel, your access to nakedgym.co.nz continues until the end of your current paid up period.
Renewing your membership
You agree that your membership of nakedgym.co.nz will automatically renew unless you cancel your membership.
Unless we notify you otherwise, the renewal fees will be the current published rates for the term of your nakedgym.co.nz membership.
Prior to your membership automatically renewing, we will send you a reminder email.
If you do not wish to renew your membership, click on the link in that reminder email and follow the instructions. Alternatively, contact us at help@nakedgym.co.nz.
Free-trial membership
From time to time, we will offer prospective members free-trial access to Membership and Fee-Based Services. The intention of the free-trial is for you to become a fee-paying member of The Naked Gym for one year following the end of your free-trial period.
If you take up the offer of a free-trial, you agree to be treated as a fee-paying member of The Naked Gym, with the exception of not having to pay for your access during the free-trial period.
You agree to supply information and abide by these Terms and Conditions as if you were a fee-paying member.
We will confirm your free-trial membership by email, from which time you will have full access to nakedgym.co.nz for the term of the free-trial period specified.
You agree that your membership of nakedgym.co.nz will automatically convert into a one year fee-paying membership unless you cancel your membership prior to the end of your free-trial period.
Unless we notify you otherwise, the membership fees due on the conversion of your free-trial into a fee paying membership will be the current published rates for a full paying one year membership.
If you do not wish to convert your free trial into a fee-paying membership, click on the link in that reminder email and follow the instructions. Alternatively, contact us at help@nakedgym.co.nz.
If at any time prior to the conversion of your free-trial into a fee-paying membership you wish to cancel your free trial and not incur a charge, contact us at help@nakedgym.co.nz. If you cancel your free-trial, you forfeit any benefits relating to the free-trial.
At the end of your free-trial period, if we have not been contacted by you, your credit card will be debited for the amount of the membership fee for a one year full membership of The Naked Gym.
We reserve the right to terminate any free-trial for any reason without prior notice or consultation. Should we terminate your free-trial, your access to the site may cease immediately.
The Naked Gym reserves the right to establish different classes of membership at any time. In creating different classes of membership, The Naked Gym can cancel your existing class of membership, and in doing so, may also transfer your existing membership to any new class of membership.
Where different classes of membership are created, The Naked Gym may offer membership in any class to any existing member without having to offer that class of membership to other members.
The Naked Gym does not need to offer membership to members on the same terms. Different classes of membership may have different Terms and Conditions.
If you are transferred to a new class of membership without your prior consent, you will have one week following being advised of your change in membership to cancel your membership of the new class. If you do not cancel within this time, the Terms and Conditions of that class of membership apply.
Delivery
We aim to deliver fitness equipment purchased from this site should be received within 10 working days of your payment being confirmed.
We will notify you if delivery will take longer than 10 working days.
2 year repair or replace warranty
The Naked Gym provides a two year repair or replace warranty on products carrying The Naked Gym brand.
If, within two years of the date you purchased a product carrying The Naked Gym brand from either nakedgym.co.nz or a Rebel Sport store in New Zealand, you discover a fault or deficiency in that product, The Naked Gym undertakes to repair or replace that product within 7 days.
To qualify for the warranty, you must have registered the relevant equipment prior to the fault occurring, and not more than one month following the date of purchase.
Whilst we will endeavour to consult with you and reach a decision of mutual agreement, you agree that the decision to repair or replace will be solely determined by The Naked Gym.
If the decision is made to repair, that repair will commence within 7 days of you first contacting The Naked Gym on 0800 NAKED GYM or by email to help@nakedgym.co.nz. If we decide to repair your equipment, you agree to assist The Naked Gym with any and all such repairs including agreeing to the repair process recommended and providing reasonable access to the equipment. Should you refuse to provide such assistance you acknowledge that we have taken reasonable steps to fulfil our obligations under the warranty and you agree to release us from further obligation to repair or replace.
If the decision is made to replace, your replacement product will be dispatched to you within 7 days.
Should your exact product no longer be in stock, The Naked Gym can replace your product with the product in our range we deem the best replacement for your product.
Should The Naked Gym decide that there is no product available that adequately replaces your product, we can decide to offer you a refund or partial refund in lieu of a replacement product.
Should The Naked Gym decide to replace your product, and you advise us that you do not wish to receive a replacement product, The Naked Gym can decide to offer you a refund or partial refund in lieu of a replacement product.
This repair or replace warranty does not cover issues caused by fair wear and tear of the product.
This repair or replace warranty does not cover damage created through your action or inaction, especially where it is clear that the maintenance instructions for the equipment have not been followed. If you are unsure about how to assemble or maintain your product, please refer to that product's assembly and maintenance instructions on this site.
All products carrying The Naked Gym brand that are purchased through nakedgym.co.nz will automatically be registered for the warranty. To qualify purchases made at Rebel Sport stores in New Zealand for this warranty, you must register your product purchase at nakedgym.co.nz within one month of the purchase.
Warranties on products and services not branded The Naked Gym
The Naked Gym does not offer a general warranty on products sold through nakedgym.co.nz that do not carry The Naked Gym brand. Any specific warranties that relate to the product will be notified in that product's details.
Products not branded The Naked Gym are provided on an "as is" basis without any warranties of any kind. The Naked Gym disclaims all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. The Naked Gym makes no representation or warranties about the accuracy, reliability, completeness, currency or timeliness of products, content, software, text, graphics, links, or communication provided on or through the use of the site. The Naked Gym does not make any warranty that products or content contained on the site satisfies government regulations requiring disclosure of information on prescription drug products.
In no event shall The Naked Gym or any third parties mentioned on the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site or the content whether based on warranty, contract, tort or any other legal theory, and whether or not we are advised of the possibility of such damages.
The Naked Gym shall be liable to you only for gross negligence or willful misconduct and only to the extent of actual damages incurred by you, not to exceed $50,000. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.
Interactive discussion and forums
The Naked Gym may make available to users message boards, forums, and other interactive communication facilities, either on nakedgym.co.nz or through other interactive channels.
If you use any interactive channel of The Naked Gym, you are solely responsible for your own communications and the consequences of those communications. The Naked Gym does not assume any responsibility for the consequences of any communications on or arising from use of the site.
Fitness and health specialists registered with The Naked Gym will be identified as experts on nakedgym.co.nz for the purposes of identifying their expertise for other users. Fitness and health specialists use of the site is governed by our Industry Partner Terms and Conditions. If you wish to register as an expert on the site, please email help@nakedgym.co.nz.
The Naked Gym cannot review all communications made on or through our interactive channels. The Naked Gym does not endorse or accept any communications made in these channels as its own or representative of its views.
We reserve the right, without obligation, to monitor the site and edit, modify or delete any material that we in our sole discretion determine to violate these Terms and Conditions, any Discussions Guidelines, or to be in any other way offensive or contrary to any policy of The Naked Gym.
We reserve the right to modify any content on the site in order to comply with the law or comply with legal process served, protect and defend the rights of The Naked Gym or others, or act in an emergency to protect the personal safety of our guests or the public. The Naked Gym assumes no liability or responsibility to users or any other person or entity for performance or non-performance of our screening or modification of site content.
The Naked Gym reserves the right to terminate access to any interactive channels of The Naked Gym where The Naked Gym is of the opinion that the user has breached these Terms and Conditions.
The messages posted in these channels may be used by The Naked Gym as part of our research, publication of content, or for marketing purposes, and we reserve the right to copy or quote them.
You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the site, including to any Discussion Forum.
Without written approval from The Naked Gym, you shall not upload, distribute, or otherwise publish through any interactive channel provided or managed by The Naked Gym that:
- Violates any applicable laws, rules, or regulations;
- Is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
- Is obscene, indecent, pornographic, profane, sexually explicit, abusive, unlawful, threatening, harassing, hateful, embarrassing;
- Constitutes or contains false or misleading indications of origin or statements of fact;
- Slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
- Causes injury of any kind to any person or entity;
- Infringes or violates the intellectual property rights, contract rights, privacy, publicity or any other rights of any third party;
- Contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of the site or any computer software or hardware or telecommunications equipment.
After receiving a warning, you agree to not disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
You agree to not:
- post chain letters or pyramid schemes;
- impersonate another person;
- allow any other person or entity to use your identification to post or view comments;
- post the same note more than once;
- engage in any other conduct that restricts or inhibits any other person from using or enjoying the site;
- expose The Naked Gym, members and other users, and suppliers to any liability or detriment of any type;
- breach or attempt to breach the security of the site.
In the unlikely event that you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Furthermore, you acknowledge that conduct prohibited in connection with the Discussion Forums includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the site.
Advertisements
The Site may contain advertisements by third parties, and these advertisements may contain links to other Sites. Unless otherwise specifically stated, GymAmerica and Genesant Technologies, Inc. do not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Site.
Indemnity
You agree to defend, indemnify and hold The Naked Gym, our officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services, Content (including Software), or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions. The Naked Gym shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Appropriateness
The Naked Gym make no claims the Content is appropriate or may be downloaded outside New Zealand. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access the Site from outside New Zealand, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Invalid clauses
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Waiver
No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Complete Agreement
Except as expressly provided in a specific notice on the site, these terms and conditions constitute the entire agreement between you and The Naked Gym with respect to your use of the site, any software and content contained therein.
