Terms of Service

Terms & Conditions

www.coachedbyash.com (‘this website’) is owned and operated by Ashleigh Elliott Sole Trader (‘we’, ‘us’, ‘our’). These terms of use constitute an agreement made between you, the website user,(‘you’, ‘your’) and us. You must not access or use this website unless you accept all these terms of use. By accessing and using this website you are agreeing that you have read, understood, and accepted these terms of use, and agree to be bound by them.

Your Privacy

Where we collect personal information about you because of your accessing and using this website, our Privacy Policy will apply to that information. Accordingly, these terms and conditions must be read together with our Privacy Policy

Changes

We reserve the right to add to, modify, or remove this website or any information, feature, specification, or other part of this website (at any time and without notice to you). We reserve the right to change these terms and conditions from time to time by publishing the changed terms on this website. You should review these terms and conditions periodically to be aware of such changes. Your continuing access or use of this website following such publication shall be deemed your acceptance of the revised terms and conditions.

Your Use of This Website

You agree not to use this website for any purpose that is unlawful or to engage in any conduct that is likely to impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through use of any other software or program. Furthermore, you agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text ,graphics, layout or design of this website without our prior written approval.

User Content

This website enables you to submit information and other user-supplied content (‘user content’) for the purpose of booking a service or otherwise. By creating, modifying, transmitting, uploading, or submitting any user content, you: 

grant us a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual, irrevocable, licence to publicly display and make your user content available, excluding personal details, (by all means and, in any media, now known or hereafter developed) to other users of this website and other users of our services in such manner as we may permit from time to time; and acknowledge and agree that no royalties or other remuneration will be paid or payable to you for your user content, or for the granting of the rights described above. We have no obligation to you to make this website or any user content available. We may at any time edit, refuse to display, or remove any part of this website (including your user content) as we deem appropriate.

Intellectual Property

The materials displayed on this website are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in this website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors (together, ‘our intellectual property’). Except with our prior written permission, you may not in any form or by any means: 

use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, or create in any way any works contained in any part of this website; or 

commercialise any information, products or services obtained from any part of this website.

Electronic Communications

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act2002. You consent to receiving electronic messages and information sent by us(or on our behalf) for any purposes described in our privacy policy.

Disclaimers

While we endeavour to ensure that the content of this website is free from errors, we do not give any warranty or other assurance as to the content of material appearing on this website, its accuracy, completeness, timeliness, or fitness for any particular purpose.  Information regarding your health provided on this website or via communication on this website, does not replace direct advice from a medical or health or fitness expert. We will not be liable to you should you injure yourself after following tips or advice on this website.  While we take efforts to ensure that all information on the website is factual, we give you no guarantee that every guide, tip, or symptom is right for every person. To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory, or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.  If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act shall not apply to those services.

Limitation of Liability

To the maximum extent permitted by law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website, our services, or any information or material appearing on this website, or from any action or decision taken as a result of using this website or any such services, information or material.

Availability

Your use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the internet and electronic communications, we and our service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should this website or the services supplied through this website become unavailable, interrupted, or delayed for any reason.

Third Party Websites

This website provides links and pointers to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality, or decency) of any linked site, or any material contained in a linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third-party service provided by any third party.

Malicious Code

Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this website, we do not guarantee or warrant that this website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code.

Security

Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any losses that you may sustain because of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this website and the internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this website or any outbound hyperlink.

Governing Law

These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use. 

Terms & Conditions

Refunds

Refunds & Cancellations

All programme purchases are final. There are no refunds or cancellations once a purchase has been made.

Online Training Memberships cancellations require 1 weeks notice and can be done via your Everfit app or written notice to coachedbyash@gmail.com

Privacy Policy

Coached by Ash is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

WHAT IS PERSONAL INFORMATION AND WHY DO WE COLLECT IT?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, email addresses, phone numbers and social media handles.

This Personal Information is obtained in many ways including registration forms, social media, by email, via our website www.coachedbyash.com, from media and publications, from other publicly available sources and from third parties. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

SENSITIVE INFORMATION

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

For the primary purpose for which it was obtained
For a secondary purpose that is directly related to the primary purpose
With your consent; or where required or authorised by law.

THIRD PARTIES

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

DISCLOSURE OF PERSONAL INFORMATION

Your Personal Information may be disclosed in a number of circumstances including the following:

Third parties where you consent to the use or disclosure; and
Where required or authorised by law.

SECURITY OF PERSONAL INFORMATION

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.

We use a third party billing service (Stripe) to process all bank account debits for 8-week Programme, membership and App purchases and a CRM company (Trainerize) to organise and hold data we collect.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

ACCESS TO YOUR PERSONAL INFORMATION

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

In order to protect your Personal Information, we may require identification from you before releasing the requested information.

MAINTAINING THE QUALITY OF YOUR PERSONAL INFORMATION

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

POLICY UPDATES

This Policy may change from time to time and is available on our website www.coachedbyash.com

If you have any queries or complaints about our Privacy Policy, please contact us at: ash@coachedbyash.com