TERMS & CONDITIONS OF USE

Version 3.0

Welcome to www.lesmills.com! By visiting and / or using this website (including all content and functionality available through the lesmills.com domain name and any country or region specific domains or sub domains (jointly referred to as the “Site”)) you indicate your acceptance of and agree to be bound by:

(1) these terms and conditions of use (“Terms of Use”);
(2) LMI's (“Privacy Policy”) found at http://www.lesmills.com/global/privacy-policy which is expressly incorporated here by reference (“Privacy Policies”);
(3) the online community terms of use (“Online Community Terms of Use”) found at http://www.lesmills.com/global/community/community-terms-of-use.aspx, which are expressly incorporated here by reference; and
(4) Any other policy developed by Les Mills from time to time and notified on the Site or any part of the Site, which is expressly incorporated here by reference.

In these Terms of Use:

  • "we" or "LMI" means Les Mills International Limited, Les Mills Media Limited or any other Les Mills company subsidiary or authorised distributor
  • "you" means you, the person using our services, or visiting the Sites
  • "services" means all goods or services we provide to you, including providing you with access to the Site.

PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have or will have with Les Mills. Les Mills reserves the right to change or modify these Terms of Use, the Privacy Policies, Online Community Terms of Use or any document, policy or guideline incorporated by reference into these Terms of Use at any time and at its sole discretion. If these Terms of Use are changed, we will post the new Terms of Use on lesmills.com and change the version number accordingly. Any changes or modifications will be effective upon posting of the revised Terms of Use on lesmills.com, and your access to and use of the Sites following the posting of the revised Terms of Use will constitute your acceptance of them.

1. License and Site Access
Subject

to any rights you may have pursuant to another agreement with Les Mills, Les Mills grants you a limited license to access and make personal, non-commercial use only of the Sites. Any other copying, redistribution, retransmission or publication of any downloaded material is strictly prohibited without the express written consent of Les Mills. Such grant does not include, without limitation: (a) any resale or commercial use of the Sites or its content; (b) the collection and use of any product or service listings or descriptions; (c) making derivative uses of the Sites and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you have no right or license by implication, estoppel, or otherwise in or to any patent, trademark, copyright, or proprietary right of Les Mills or any third party. You may not use, frame or utilize framing techniques to enclose any Les Mills trademark, logo or other proprietary information (including the images found on the Sites, the content of any text or the layout/design of any page or form contained on a page) without Les Mills’ express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Les Mills name, trademark, service mark, design, logo or product name without Les Mills’ express written consent. If you use any part of the Sites that require a user name or password, then you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password is compromised in any manner, you should notify Les Mills immediately. Les Mills reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account including, without limitation, terminating your account, changing your password or requesting additional information to authorize transactions on your account.

Notwithstanding the above, Les Mills may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Les Mills be held liable to you for any liability or damage resulting from or arising out of (i) any action or inaction of Les Mills under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. Any unauthorized use of the Sites will terminate the permission or license granted under these Terms of Use and may violate any applicable laws including copyright, trademark (including trade dress), and communications regulations and statutes. Les Mills reserves the right to prosecute all violators to the fullest extent of the law.

2. Usage and Monitoring
You may use the Sites only as intended by Les Mills. While Les Mills has no obligation to monitor the Sites and is not responsible for the accuracy of the content of any messages, information or files transmitted on the Sites, Les Mills reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to such messages, information or files which Les Mills, in its sole discretion, deems objectionable or otherwise in violation of these Terms of Use, including denying access to the Sites to anyone at anytime. All persons are hereby notified that use of the Sites constitutes consent to such actions, monitoring and auditing.

3. Eligibility
You hereby certify to us that you are at least 13 years old. Use of the Sites by children under the age of 13 years is strictly prohibited.

4. Copyright
All content on the Sites, including, without limitation, the LES MILLS name, the LES MILLS arch device, trade marks, design, text, graphics, pictures, sound files, video files, audio-visual files and other files, and the selection and arrangement thereof ("Materials") and all proprietary rights in the Materials are the sole and exclusive property of Les Mills or its licensors. Except as expressly stated in these Terms of Use or in any other agreement you may have with Les Mills, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including (but not limited to) electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Les Mills. Permission is granted to display, copy, distribute and download the Materials on the lesmills.com website only for personal, non-commercial and informational use only; provided that, you may not, without the permission of Les Mills, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.

5. Copyright Complaints
Les Mills respects the intellectual property of others. If you believe that your work has been copied and has been posted to the Sites in a way that constitutes copyright infringement, please notify Les Mills immediately, in writing, and provide the following information:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of the location in the Sites of the material that you claim has been infringed;
  • Your address, telephone number and e-mail address;
  • Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Les Mills’s Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:

    Les Mills International Limited, PO Box 91137, Auckland Mail Service Centre, New Zealand
    Fax: +649 366 9901
    Email:info@lesmills.com
    Attention: Legal Department

6. Trademarks and Service Marks
LES MILLS™, the LES MILLS™ Arch device, SHAPE YOUR WORLD™, BODYATTACK™, BODYBALANCE™, BODYCOMBAT™, BODYFLOW®, BODYJAM™, BODYPUMP™, , BODYSTEP™, BODYVIVE™, RPM™, SH’BAM™, CXWORX™, GRIT™, LES MILLS GRIT™, BORN TO MOVE™, SMARTBAR™, SMARTSTEP™, LES MILLS SMARTSTEP™, CLUBCOUNT™ and all other Les Mills trade and service marks and logos, and the Les Mills products and services described in the Sites, are either trademarks, service marks or registered trademarks of Les Mills or its authorised agents, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Les Mills. All page headers, Les Mills custom graphics, button icons, and scripts are the copyright and / or service marks, trademarks, and/or trade dress of Les Mills and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Les Mills. Les Mills’s trade marks, service marks and trade dress may not be used in any manner that is likely to cause confusion amongst the public or in any manner that disparages or discredits Les Mills. All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Les Mills.

7. Operating and Acceptable Use Policies
All access to and use of the services, functionality and Materials available on the Sites, including online data communication services and the Online Community (as defined in the Online Community Terms of Use found at http://www.lesmills.com/global/community/community-terms-of-use.aspx is governed by and subject to the following operating and acceptable use policies. Les Mills has the right, but not the obligation, to suspend or terminate your access and use of the Sites and related services and Materials at any time, and block or remove any communications and materials that Les Mills believes in its sole discretion may violate applicable law, these operating and acceptable use policies or a third party's rights. By using the Sites, you agree not to do any of the following:

  • Upload to, distribute or otherwise publish through the Sites any message, data, information, text or other material ("Content") that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, discriminatory or otherwise injurious to third parties;
  • Upload or transmit any Content that would constitute, aid, abet or encourage a criminal offense, violate the rights of any party (including copyright), or that would otherwise create liability or violate any local, state, national, or international law;
  • Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of Les Mills or any third party. Infringement may result from the unauthorized copying and posting or distributing pictures, logos, software, articles, music, or videos. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity or interfere with other users of the Sites. Unless you are participating in an area of the Sites that requires or allows anonymity, you are required to use your real name in online communications;
  • Upload to, distribute or otherwise publish through the Sites any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," or offering or disseminating fraudulent goods, services, schemes or promotions;
  • Without Les Mills’ prior written permission, publish or upload any unsolicited promotions, goods or services, commercial solicitation or post or transmit any advertising, promotional materials or any other solicitation of other users of the Sites for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose;
  • Post or list articles which are off-topic according to the description of the group or list or send unsolicited mass emailings to 10 people or more if such e-mail could reasonably be expected to provoke complaints from its recipients; and/or
  • Disseminating or hosting harmful content including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information;

    Les Mills will use its reasonable endeavours to ensure the Sites are free from unauthorised Content or Content that infringes these Terms of Use. However, Les Mills takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Sites. Les Mills reserves the right to take such action as it deems appropriate in cases where the Sites is used to disseminate statements which are deeply and widely offensive and/or harmful or which otherwise do not comply with these Terms of Use.

8. Enforcement

Les Mills reserves the right but does not assume the obligation to strictly enforce these Terms of Use including, without limitation, by issuing warnings, suspending or terminating service, and/or removing, screening or editing of posted Content, self help and active investigation, litigation and prosecution in any court or appropriate venue. Les Mills may access, use and disclose transaction information and Content as necessary to comply with any law; enforce or apply our distribution, agency or customer agreements; to initiate, render, bill, and collect for services; to protect Les Mills’ rights or property, or to protect users of the Sites from fraudulent, abusive, or unlawful use of, or subscription to, such services. Any indirect or attempted violations of these Terms of Use by you, and actual or attempted violations by a third party on your behalf, shall be considered violations of these Terms of Use by you.

9. Responsibility for Your Conduct.
You remain solely liable for the Content of any messages or other information you upload or transmit to the Sites. You agree to indemnify and hold harmless Les Mills from any claim, action, demand, loss, or damages (including legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Terms of Use, or your violation of any rights of a third party.

10. Third Party Products and Services
From time to time, parties other than Les Mills may offer and provide products and services on or through the Sites. Except for Les Mills-branded information, products or services that are specifically identified as being supplied by Les Mills, Les Mills does not operate, control or endorse any information, products or services on the Sites or accessible through the Sites in any way. Les Mills is not responsible for examining or evaluating, and Les Mills does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Les Mills does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their terms of use, privacy statements and other policies.

11. Product and Service Descriptions and Pricing
Les Mills and third parties offering information, products or services on the Sites attempt to be as accurate as possible. However, Les Mills does not warrant that information, product and service descriptions or other content of the Sites are accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or cause that a product or service offered on the Sites may be mispriced or contain an inaccuracy in its description. In the event Les Mills determines that a product or service is mispriced or contains an inaccurate description, Les Mills reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error. Les Mills agrees to notify you if it does so. You agree to notify Les Mills immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Sites and comply with any corrective action taken by Les Mills.

12. Communications with Les Mills
Communications made through the Site's email and messaging system shall in no way be deemed to constitute legal notice to Les Mills or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against Les Mills or any of its agencies, officers, employees, agents or representatives.

13. Linking
(A) Links to the Site. You are granted a limited, non exclusive right to create a hypertext link to the home page of the Sites provided such link does not portray Les Mills or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use any Les Mills logo or other proprietary graphic or trademark of Les Mills to link to the Sites without the express written permission of Les Mills. This limited right may be revoked at any time without notice.
(B) Third-Party Links. Les Mills makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites or services accessible by hyperlink from the Sites, or third party websites linking to the Sites. Such linked websites are not under the control of Les Mills and Les Mills is not responsible for the content of any such linked website or any link contained in a linked website, or any review, changes or updates to such website. Les Mills provides these links to you only as a convenience, and the inclusion of any link does not imply any affiliation, endorsement, or adoption by Les Mills of the website or any information contained in it. When leaving the Sites, you should be aware that these Terms of Use no longer apply, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of any third party website.

14. Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, images, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Les Mills, or postings including your name and your image to or on the Sites (including the Online Community) (jointly referred to as "Materials"), are not confidential (provided that personal information provided on non-public areas of the Sites is subject to the Privacy Policies. You grant Les Mills a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Materials throughout the world in any media now known or developed in the future with or without acknowledgment to you in Les Mills’ sole discretion and without compensation to you. You also grant to Les Mills the right to use your image and your name on the Sites and in connection with the Materials and other information as well as in connection with all advertising, marketing and any related promotional material. You agree that you shall have no recourse against Les Mills for any alleged or actual infringement or misappropriation of any proprietary right in the Materials and that the submission of any such Materials to Les Mills, including the posting of Materials to the Online Community or any interactive area on the Sites, irrevocably waives any and all "moral rights" in such Materials. You represent and warrant that you own or otherwise control all of the rights to the Material that you post; that the Material is accurate; that use of the Material you supply does not violate these Terms of Use or any third party intellectual property rights and will not cause injury to any person or entity; and that you will indemnify Les Mills for any loss or damage incurred by Les Mills as a result of any claim arising from the Material you supply.

15. DISCLAIMERS
(A) WARRANTY DISCLAIMER: THE SITES AND THE MATERIALS CONTAINED IN IT ARE PROVIDED BY LMI ON AN "AS IS" AND "AS AVAILABLE" BASIS. Les Mills DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITES. LES MILLS DOES NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE SITES OR THE MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Les Mills IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE Les Mills ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, Les Mills CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEETS YOUR REQUIREMENTS. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES, IS AT YOUR SOLE RISK AND RESPONSIBILITY. ANY RELIANCE UPON ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITES IS AT YOUR SOLE RISK. Les Mills RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AT ANY TIME AND WITHOUT NOTICE, TO CHANGE ANY AND ALL CONTENT CONTAINED ON THE SITES, CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITES OR TO DENY ACCESS TO THE SITES TO ANYONE AT ANYTIME. Les Mills SHALL HAVE NO LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITES. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION BY LES MILLS.
(B) USER’S RESPONSIBILITY AND RISK: IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED ON OR THROUGH THE SITES OR ON THE INTERNET GENERALLY. THE INTERNET AND WIRELESS DATA SERVICES CONTAIN UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. Les Mills HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. Les Mills SHALL HAVE NO LIABILITY TO YOU FOR USAGE CHARGES RELATED TO ANY DEVICE THAT YOU USE TO ACCESS THE SITES OR UTILISE ANY OF THE FUNCTIONALITY OR SERVICES OFFERED ON THE SITES, INCLUDING, WITHOUT LIMITATION, USAGE CHARGES FOR MOBILE TELEPHONES, PALM OS DEVICES, WINDOWS CE DEVICES, CAR NAVIGATION SYSTEMS, PAGERS, SMARTPHONES AND OTHER DEVICES, WHETHER WIRELESS, WIRELINE, REQUIRING CRADLE SYNCHRONIZATION OR OTHERWISE.

16. INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD Les Mills AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITES, VIOLATION OF THESE TERMS OF USE, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR MEMBER NAME OR PASSWORD, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

17. Third Party Rights
The provisions of the paragraphs entitled Third-Party Products and Services, Product and Service Descriptions and Pricing, Disclaimers, Limitation of Liability, and Indemnification are for the benefit of Les Mills and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

18. Termination
These Terms of Use may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use the Sites after these Terms of Use have been terminated. The provisions of the paragraphs entitled Copyright, Trademarks and Service Marks, Third Party Content, Submissions, Export Restrictions, Disclaimers, Limitation of Liability, Indemnification, Third Party Rights, Termination, Enforceability and Admissibility and Miscellaneous shall survive any termination of these Terms of Use.


19. Enforceability and Admissibility
These Terms of Use will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

20. Miscellaneous

  • Non Waiver: Les Mills' failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right and shall not prevent Les Mills from subsequently requiring strict compliance by any person with these Terms of Use.
  • Modification: Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.
  • Assignment by Les Mills: Les Mills may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
  • Severability: If any provision of these Terms of Use shall be deemed unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
  • Governing Law: These Terms of Use is governed by the laws of New Zealand. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New Zealand over any suit, action or proceeding arising out of this Agreement. Any cause of action or claim you may have with respect to the Sites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

21. Refunds & Cancellations Policy

Les Mills has a strict ‘no refund or return’ policy. Any purchases made will not be refunded. In the event that an error has occurred through the absolute fault of Les Mills, a refund will in most cases be issued to the same credit card you used for the original purchase. Please allow up to two billing cycles for the credit to appear on your credit card statement.