terms of service & privacy policy
The Box Office Limited · Updated and effective as of 13/05/2020
Terms of Service
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using ("the Site") operated by The Box Office Limited ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.theboxoffice.co.nz. By accessing or using the Site, you agree to be bound by these Terms of Service. These Terms of Service set forth the legally binding terms for your use of The Box Office Services. You are only authorized to use The Box Office Services if you agree to abide by all applicable laws and to these Terms of Service. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
Account
In order to access some features of the website, you will have to create a The Box Office account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
Member Services and Policies — Bookings
The Box Office System allows you to book one week in advance. All The Box Office classes are capped at twenty-two spaces, therefore, online booking is required. If the class is full, we recommend members to register themselves on the waitlist in case of cancellations. We recommend that you must be physically present 10 minutes prior to the start of your scheduled class. Your spot will be reserved until 5 minutes after the start of your scheduled class and may be given to a waitlisted client. If you fail to book, we will try our best to find you a space, but cannot guarantee participation in a class.
Personal Belongings
The Box Office is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. We provide lockers, but you assume all risk of loss for any of your personal belongings.
Limitation of Liability
By signing up and/or attending classes, events, activities, and other programs and using The Box Office studio facilities and equipment, you hereby acknowledge that there are certain inherent risks and dangers in the strenuous nature of the The Box Office workout program, and you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. By signing this document, you acknowledge that you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences. "The Box Office," and the "box" icon and other graphics, logos, wordmarks, and designs are trademarks of The Box Office in New Zealand and/or other countries for which applications are pending. The Box Office's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of The Box Office.
Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with New Zealand law.
Changes to this Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Fees
You acknowledge that The Box Office charges fees for its services, and The Box Office reserves the right to change its fees from time to time at its discretion. If The Box Office terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
Password
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify The Box Office immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Entire Agreement / No Waiver
These Terms of Service, together with our Privacy Policy, and any other legal notices published by The Box Office on the website, shall constitute the entire agreement between you and The Box Office. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and The Box Office's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Box Office reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of The Box Office website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
Privacy Policy
At The Box Office we acknowledge and respect the privacy of individuals. This policy describes the way in which we collect, use, manage and protect your personal information. We are bound by the Privacy Act 1993 and, in particular, the Information Privacy Principles that are set out in the Privacy Act 1993. This Privacy Policy is subject to change. Any changes will be posted on our website and will be effective from the time the information is posted.
What Information Do We Collect and Hold?
We may collect and hold personal information provided by you when you open an account and/or purchase a membership for the use of our services and also when you use our services. This information could be from you giving it to us directly, through our website, www.theboxoffice.co.nz, or by using an APP made available to you as a member. We use the information for the purpose of conducting our business and specifically to deliver services and information to you, to assist you with matters relating to the services we provide to you and other members of the studio, to personalise the user experience, improve our website, process payments, to improve and better understand your preferences, to run a promotion, contest, survey or other feature, to send periodic emails, to notify you of any change to our services or to your membership terms (including fees), and to fulfil our legal and regulatory obligations.
How and Why We Use Your Information
We collect and process personal information about visitors to our website, clients, customers and users of/visitors to our sites. We do this in order to deliver services to you, deliver merchandise to you when you make a purchase, process payments that you make to The Box Office and learn how to offer you a better product. We may collect and use your personal information for the following purposes, all of which is for our legitimate interest of delivering services and products to you, and/or where it is necessary for the performance of our contract with you. This information is usually collected directly from you. From time to time, where it is unreasonable or impractical to do so, information may be collected from third-party service providers or publicly available sources. You may choose not to provide any personal information to us, however, as a result, we may not be able to provide services to you or inform you of changes to the services we provide or to your membership terms (including fees).
Use and Disclosure of Information
We may use the personal information that you submit to us in connection with the information contained on this page and for direct marketing purposes (including club newsletters). You can opt-out of receiving marketing materials by unsubscribing in one of our marketing emails. Unsubscribe methods are consistent with NZ law. We may disclose personal information to third parties however only to meet the purpose for which it was submitted (for example, to process your membership application), to validate the information you provide to us in the course of signing up to and/or using our services, to undertake fee collection services on our behalf, if we are required or authorised by law to disclose the information, if your personal information is collected in connection with a joint promoter, to that joint promoter for marketing and research purposes; and to protect the personal safety of our staff, other users of our services or the public. We may also disclose your information to our affiliated companies and to any prospective purchasers of us or a substantial portion of our assets. With regard to the disposal of your information, we will not hold your information for longer than we need to and when we dispose of it we will destroy paper and electronic copies in a secure way.
Access to Information
You can request access to any of your personal information concerning you at any time. You may also request that we correct or delete your personal information at any time. Any such requests should be made directly by contacting us (see below for details). Please note that your right to gain access to your information will be subject to the relevant exceptions in the Privacy Act and where we process your personal information because we have your consent to do so you may withdraw your consent at any time.
Cookies
A cookie is a piece of information that our web server may send to your machine when you visit our Website or use one of our APPs. The cookie is stored on your device but does not identify you or give us any information about your device. We use cookies to learn more about the way you use our Website or APP (as applicable) and to help us improve your experience of using our Website or APP (as applicable). If you want to erase cookies from your device, block all cookies or receive a warning before a cookie is stored, refer to your browser instructions or help screen to learn more. If you reject the use of cookies, you will still be able to access our Website and APP but please note that some of its functions may not work as well as if cookies were enabled.
Information Validation and Security
We take reasonable measures to protect all personal information stored within our database. However, when providing personal information via our Website or an APP (as applicable), we note that the transmission of information using the Internet is not completely secure. We, therefore, cannot guarantee the security of data transmitted via our Website or an APP (as applicable) and any such transmission is at your own risk.
CCTV
CCTV is installed at our Howick site, to monitor building security and assist in crime prevention and detection. We operate our CCTV in accordance with the guidance issued by the local data protection authority. The Box Office collects this data as part of its role as a service provider to you, and to ensure the health and safety of our staff and visitors to our sites. We will not hold images for longer than necessary and will dispose of them securely.
Membership
This membership gives you access to *Unlimited classes, or two classes per week. Weekly classes are valid for seven days from when your membership is first billed. Classes do not roll over into the following week. Unused classes will lapse. This membership is for a period of six months; all memberships have a minimum 6 month term. After this point, your contract becomes week-to-week. Additional classes on top of your specified two classes per week are available for $30 — please email manager@theboxoffice.co.nz. For cancellation of your membership you must provide The Box Office with 30 days notice; this must be in writing and must be sent to manager@theboxoffice.co.nz. The membership will cancel 30 days from the date of notice; you cannot downgrade your membership for the cancellation period.
Your Health
You warrant that you are in good physical condition and you know of no medical or other reason why you cannot or should not do active or passive exercise. I recognise that the fitness instructor(s) are not able to provide me with medical advice with regard to my fitness and that this information is used as a guideline to the limitations of my ability to exercise. I agree not to hold any certified trainer or directors of The Box Office liable for any injury that may occur during a The Box Office class.
Paying for a Membership
Membership fees are paid in advance, weekly by direct debit or credit/debit card.
Failure to meet the requirements of your minimum term will result in The Box Office seeking payment from a third party collection agency.
Meeting Your Responsibilities
You make sure: your account can accept direct debits; there is enough money in your account on the payment day; you tell us if you are transferring or closing your account at least 1 week before the next payment.
What Happens if Your Payment is Declined or Fails for Any Reason?
If you do not fully pay your fees on the due date, The Box Office will suspend access to The Box Office classes until any outstanding balance has been paid and you have given us your updated account details if they are required. The Box Office will continue to debit your nominated account without notice until The Box Office has received the total amount you owe The Box Office. The Box Office will make a reasonable effort to advise you on the status of the failed payment before phoning you, writing to the email address you have provided for memberships in your name. You must make sure that the payment method you choose remains valid for the length of the agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details and are obligated to complete your minimum term of payments.
Suspension and Cancellation
The Box Office understands that from time to time you may not be able to train due to holidays, rest periods, becoming sick or injured, or wish to cancel your membership altogether. The following rules apply to suspensions and cancellations.
Suspensions: Memberships can be suspended at any time. Six-week maximum suspension per year unless otherwise stipulated. Suspension notifications must be emailed through to manager@theboxoffice.co.nz with start and finish dates of your suspension. Suspensions cannot be backdated. Note: memberships may only be put on hold once in a calendar year of when your membership started. Memberships may only be put on hold after the 6 months of the membership has been completed unless discussed and agreed otherwise with The Box Office.
Cancellations: After the minimum 6 month sign up period, memberships can be cancelled with four weeks notice and cancellation notification must be emailed to manager@theboxoffice.co.nz. If you require your membership to be cancelled for sickness, injury or other reasons during the minimum sign up period, you agree to pay out 50% of the remaining term or you can transfer the membership to a friend.
Contact Us
Please contact us if you would like to discuss any matters relating to this privacy policy. By providing your personal information to us and/or using our website or app (as applicable), you are consenting to the collection, holding, use and disclosure of that information as set out in this privacy policy. This includes when you contact us by telephone. Our email correspondence with you may be kept as a record of our contact with us, and to enable us to respond to any queries you may have. If you have any questions about these Terms of Service, the practices of The Box Office or its services, or your dealings with this site, please contact us at:
The Box Office
4/153 Moore Street, Howick, Auckland 2014
Phone: 027 531 0115 · Email: manager@theboxoffice.co.nz