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Legal Disclaimer

 I certify and acknowledge that Lee Ririnui and James Ririnui (in association with Nui Brothers) are an independent online personal trainer and nutritional advisors. I understand that Nui Brothers does not operate, nor claim to operate, as a Clinical Nutritionist, Dietician, or Medical Professional. I understand that the advice I receive from Lee Ririnui and/or James Ririnui of Nui Brothers is not a "prescription", but instead a recommendation. Furthermore, I understand that the services, products and coaching I receive are not intended to diagnose or treat any illness or injury. 

 

I am fully aware of the potential health and injury ramifications of engaging in cardiovascular, resistance-training programs, and diet. I freely and knowingly assume the risk in partaking in such programs and hereby waive any right, claim, or cause of action against Lee Ririnui and/or James Ririnui (operating under Nui Brother Limited - NZBN: 9429050390854) from any liability for any injury, illness, cost, damage expense or claim, which I or anyone on my behalf might incur as a result of my participation in this cardiovascular, resistance-training program and diet.

Terms of Service

Please read these Terms and Conditions carefully before using this Website.

Acceptance of the Terms & Conditions
These terms & conditions are entered into by and between You and Nui Brothers (“Company“, “we” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms & Conditions“), govern your access to and use of www.nuibrothers.com (the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user. By using the Website, you accept and agree to be bound and abide by these Terms & conditions, our privacy policy (the “Privacy Policy”), and our legal disclaimer (the “Legal Disclaimer”) all of which can be found in the Website footer and are incorporated herein by reference. If you do not want to agree to or accept these Terms & Conditions, the Privacy Policy, or the Legal Disclaimer, you must not access or use the Website.

The Website is only offered and available to users who are 18 or older and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & conditions, and to abide by and comply with these Terms & conditions. If you do not meet all of the foregoing requirements, you must not access or use this Website.

Changes to the Terms & Conditions
We may revise and update these Terms & conditions from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms & conditions means that you accept and agree to the changes. We encourage and expect you to consult the Terms & conditions each time you access the Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for (a) making all arrangements necessary for you to have access to the Website and (b) ensuring that all persons who access the Website through your internet connection are aware of these Terms & Conditions and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & conditions.

Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by New Zealand and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Violation of this Section is strictly prohibited without the express, written permission of the Company. For information on requesting such permission, contact us at thenuibrothers@gmail.com
These Terms & conditions permit you to use the Website for your personal, non-commercial use only. You must not sell, license, rent, copy, reproduce, transmit, distribute, modify, create derivative works from, publicly display, publicly perform, republish, adapt, edit, download, store or transmit any of the material on our Website, with the following exceptions: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display enhancement purposes; (3) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; (4) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and (5) if we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: (1) modify copies of any materials from the Website; (2) use any illustrations, photographs, video or audio sequences or any graphics from the Website separately from the accompanying text; (3) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. Additionally, you agree not to (1) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (2) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) use any device, software or routine that interferes with the proper working of the Website; (5) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (7) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms & conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms & conditions is a breach of these Terms & Conditions and may violate copyright, trademark and other laws.

Terms of Sale
All purchases made on the Website are subject to this Section (the “Terms of Sale”). By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Sale. By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Sale. By agreeing to the legal terms and conditions, you commit to making all required payments for the minimum fixed term of 12 weeks for any coaching service you have signed up for. No early cancellations will be granted to any athlete wishing to terminate their coaching services before the completion of the 12-week minimum term. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.

Refund Policy

Unless a refund policy is posted on the Website at the time of your purchase, the sale of all products, services or tickets to an event is final and non-refundable. However, to the extent a refund policy is posted on the Website at the time of your purchase, we will accept a refund pursuant to such refund policy. To request a refund, you must email us at thenuibrothers@gmail.com. Your refund will be credited back to the same payment method used to make the original purchase on the Website. 

We do not manufacture or control any third-party products or third-party services offered on our Website. The availability of third-party products or services through our Website does not indicate an affiliation with or endorsement of any product, service, manufacturer, or service provider or business. Accordingly, we do not provide any warranties with respect to the third-party products or services offered on our Website.

Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE OR THE SALE OF PRODUCTS AND SERVICES TO YOU, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER RELATED TO OUR PRODUCTS AND/OR SERVICES, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.


Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. 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. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


Entire Agreement

The Terms & Conditions and the other documents specifically incorporated herein constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Neither you nor the Company are relying on any representation not contained herein (or in the other documents specifically incorporated herein).

Privacy Policy

At Nui Brothers, we are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your personal data when you use our website or services. We promise to comply with the Privacy Act 2020. In this Privacy Policy, “we” means Nui Brothers. By accessing or using our website, you consent to the practices described in this Privacy Policy. 

Information We Collect

1. Personal Information

We may collect the following types of personal information:

  • Name:  We may collect your first and last name to provide personalised coaching services.

  • Email Address: Your email address is primarily used for communication purposes. It may also be used for account-related notifications and updates.

  • Contact Information: We may collect your phone number or mailing address if necessary for coaching contact purposes.

  • Payment Information: If you make payments on our website, we will collect payment details such as credit card information. However, we do not store this information. It is securely processed by our third-party payment processors.

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2. Usage Information

We may also collect non-personal information about how you interact with our website and services. This includes:

  • Log Data: Information about your device, browser, IP address, and the pages you visit on our website.

  • Cookies and Tracking Technologies: We use cookies and similar tracking technologies to enhance your experience on our website and for analytics and marketing purposes. You can manage your cookie preferences through your browser settings.

How We Use Your Information.

We may use your personal information for the following purposes:

  • Providing Services: To deliver the coaching services you request and to personalise your experience.

  • Communication: To communicate with you, including responding to inquiries, sending important notices, and providing updates about our services.

  • Marketing: With your consent, we may send you promotional materials and newsletters. You can opt out of marketing communications at any time.

  • Payment Processing: To process payments for our services, if applicable.

  • Analytics: To analyze and improve our website's performance and user experience.

  • Compliance: To comply with legal obligations and resolve disputes.

Data Sharing and Disclosure.

We may share your personal information with third parties in the following circumstances:

  • Service Providers: We may engage third-party service providers to assist with website operation, payment processing, and other business functions. These providers have access to your personal data only to the extent necessary to perform their services.

  • Legal Compliance: We may disclose your information to comply with legal requirements, enforce our policies, or protect our rights, privacy, safety, or property.

  • Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred to the acquiring entity.

Security

We take reasonable steps to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no data transmission over the internet or storage system can be guaranteed to be 100% secure.

Your Rights

You have the following rights regarding your personal information:

  • Access: You can request access to the personal data we hold about you.

  • Rectification: You may correct inaccuracies in your personal data.

  • Deletion: You can request the deletion of your personal data, subject to legal requirements.

  • Data Portability: You may request the transfer of your data to another service.

  • Withdraw Consent: You can withdraw your consent for certain data processing activities.

Contact Us

If you have any questions or concerns about our Privacy Policy or the handling of your personal information, please contact us at thenuibrothers@gmail.com

Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. The latest version will be posted on our website with the effective date.

Please review this Privacy Policy periodically to stay informed about how we are protecting and using your personal information.

By using our website and services, you agree to the terms of this Privacy Policy.

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