Terms & Conditions
Acceptance of termsThese terms and conditions govern all supply of goods and services by Catherine Coker Fitness ("We"), to you ("the client") or ("you"), the purchaser of goods and services from us, including your use of the website at www.catherinecokerfitness.com ("the website") and program Humn' ("the program"). They are effective from 20 January 2022 and will replace all earlier Catherine Coker Fitness terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over or have obtained permission from a legal guardian if younger.
Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for redistribution (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Availability and supplyAll orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify you of the non-availability on our online shop.
Delivery and delivery chargesPrices for goods and services stated on our website are exclusive of any applicable delivery charges.
We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket.
We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
PricingAll prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Payment optionsWe accept the following credit cards:
Visa, MasterCard and American Express
We also accept payment from your PayPal account if you have one.
Credit Card SecurityPayments made via PayPal's secure payments system ensure high levels of payment security and are subject to PayPal's terms and conditions.
Click here to for PayPal's terms.
Other payment methods available are Stripe and Laybuy.
Click here for Stripe's terms.
Stripe Service Agreement: https://stripe.com/en-au/legal
Click here for Laybuy's terms.
Shipping and deliveryFor Catherine Coker Fitness' current services that are delivered online there is no shipping or delivery required. You will gain access to online resources and material once the payment has been processed. Once the stated service ends you will not be able to access the online and in App services.
All PDF guides that are purchased are delivered electronically. They are non refundable.
Catherine handles all products for sale on the store personally. Catherine Coker Fitness uses NZ Post courier bags. After packaging and posting the product she emails the tracking number to the email listed on the order.
Refunds will be made in a timely matter if there is any dissatisfaction with the product.
If there are any questions or concerns use the contact form on the website and Catherine will respond within 24 hours Mon - Fri
RefundsThe client gains access to all of the resources and information in the program for six months to a year so we do not have to offer a refund. However, In extreme circumstances and on a case by case basis we would offer a refund for uncontrolled circumstances that would inhibit your ability to use or find use for the program during those 6 months - 1 year.
If you are unsatisfied with the service and you have given reasonable feedback and there is no way to resolve the issue a refund can be given for the time remaining in the program. For example if the client has participated for 2 weeks and wishes for a refund, the cost of 6 weeks will be refunded.
Liability LimitationWhere you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies to whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Health waiverHumn' has been designed to help you incorporate fitness in your lifestyle and reach your goals. By subscribing to our service, you will have access to cardio workouts, weight-training, stretching sessions and other workouts, all designed by Catherine Coker, a qualified fitness trainer. However, any fitness or nutrition information/content provided in our program or through any of our official social media channels should not be taken as medical advice.
We do not hold any medical qualifications and cannot diagnose any medical conditions our subscribers may have. All our content is for information purposes only and should not substitute medical advice.
Before starting using our service, we recommend you to consult your doctor to confirm your ability to start our nutrition and/or workout plans, especially if you are at risk (due to family history) of any conditions like heart disease, bad cholesterol, obesity, high blood pressure, chest pain, and/or bone/joint problems.
If you are pregnant, you confirm you received approval from your doctor to start our workout programs. If you are using recipes from our nutrition guide featured in our app, you confirm your doctor approved our recipes to be suitable for your dietary needs.
If you feel dizzy, faint, or experience shortness of breath during one of our in-app exercises, you should immediately stop and consult your doctor.
You recognise the risk of entering in any physical activity and agree to be solely liable for any physical injury that may occur while entering any workout from the Humn' program
Within the provided nutrition guide PDF, the nutritional data is given as a guideline taken from Precision Nutrition health guidelines. The purpose of the PDF is educational and should not take the place of other healthcare providers such as a Nutritionist, Dietician or Doctor.
Applicable law and jurisdictionUnless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of websites or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Websites may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
All personal data collected online is held in password protected software. This software is run through a secure computer with up to date protection software. Norton 360 is our protection software. Regular safety and precautionary measures are taken to further strengthen our clients' personal information.
General ConditionsWe reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.catherinecokerfitness.com.
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.