Conditions of Use
Les Mills Website Conditions of Use
These conditions of use set out the terms between you and us
under which you may access our website www.lesmills.co.nz, any sub-domains
(e.g.name.lesmills.co.nz), any social networking sites (eg Facebook
or twitter) or apps (our sites). These conditions of use apply to
all users of, and visitors to, any of our sites.
Your use of any of our sites means that you accept, and agree to
abide by, all the policies in our conditions of use. Our sites are
operated by or for Les Mills New Zealand Ltd on behalf of Les Mills
Clubs in New Zealand. They are subject to New Zealand
You may use our sites only for lawful purposes. You may not use
- In any way that breaches any applicable local, national or
international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful
or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm any person,
and in particular minors, in any way.
- To send, knowingly receive, upload, download, use or re-use any
material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or
unauthorised advertising or promotional material or any other form
of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material
that contains viruses, Trojan horses, worms, time-bombs, keystroke
loggers, spyware, adware, malware or any other harmful programs or
similar computer code designed to adversely affect the operation of
any computer software or hardware or to access our sites or any
computer system associated with us for any dishonest or illegal
You also agree:
- To keep your passwords secure and not permit any other person
to use them;
- Not to reproduce, duplicate, copy or re-sell any part of our
sites in contravention of the provisions of our terms of website
- Not to access without authority, interfere with, damage or
- any part of any of our sites;
- any equipment or network on which any of our sites are
- any software used in the provision of our sites; or
- any equipment or network or software owned or used by any third
Les Mills New Zealand Ltd is the owner or authorised licensee of
all copyright works supplied to you, including without limitation,
the contents of or accessed through www.lesmills.co.nz including
all documentation, text, designs, trademark, and graphics. None of
these materials or services may be reproduced, adapted, modified,
or translated in any way without our prior express written
You may view information and materials on our sites and download
only a single copy of these for your personal, non-commercial use.
You agree not to license, distribute, create adaptations or
derivative works from, transfer, sell or re-sell any document,
information, content, or service obtained from our sites without
our specific prior written consent.
Where we give specific written consent that you may distribute
or redistribute articles, messages or other content posted to our
sites you may carry out the activities that we have consented to
only on the condition that you maintain
- All copyright and trademark notices,
- Attribution of authorship to the extent available, and
- The integrity of the content, i.e., the article, information,
message or other narrative content must not be distributed except
as a whole and must not be modified in any way.
No graphics, photographs or other visual elements obtained
through our sites may be used, copied, or distributed without the
prior express written consent of the original owner and/or Les
Mills New Zealand Ltd.
You must not cause or permit anything which may interfere with,
damage or endanger the copyright, trademarks or other intellectual
property rights of Les Mills New Zealand Ltd or any other person
whose intellectual property is supplied to you through us, or
assist or allow others to do so.
Links from and to the www.lesmills.co.nz Website
Les Mills provides some links to other websites operated by
other parties as a convenience to our visitors and clients. However
your use of these links and sites is entirely at your own risk. Les
Mills does not accept any liability with regard to access to these
websites, their content or use.
You must not link or deep link into www.lesmills.co.nz from any other website or
electronic system without our prior written consent, being consent
which we may withhold or withdraw at any time in our entire
We may from time to time provide interactive services on or
through our sites, including, without limitation:
- Chat rooms.
- Bulletin boards.
- Other forums such as Facebook or twitter.
(referred to in these conditions as "interactive services").
Where we do provide any interactive service, we will provide
clear information to you about the kind of service offered, if it
is moderated and what form of moderation is used (including whether
it is human or technical).
We will do our best to assess any possible risks for users (and
in particular, for children) from third parties when they use any
interactive service provided on our sites, and we will decide in
each case whether it is appropriate to use moderation of the
relevant service (including what kind of moderation to use) in the
light of those risks. However, we are under no obligation to
oversee, monitor or moderate any interactive service we provide on
our sites, and we expressly exclude our liability for any loss or
damage arising from the use of any interactive service by a user in
contravention of our content standards, whether the service is
moderated or not.
The use of any of our interactive services by a minor is subject
to the consent of their parent or guardian. We advise parents who
permit their children to use an interactive service that it is
important that they communicate with their children about their
safety online, as moderation is not fool-proof. Minors who are
using any interactive service should be made aware of the potential
risks to them.
Where we do moderate an interactive service, we will normally
provide you with a means of contacting the moderator, should a
concern or difficulty arise.
Standards for any content you supply to our sites
These content standards apply to any and all material which you
contribute to our sites (contributions), and to any interactive
services associated with it.
You must comply with the spirit of the following standards as
well as the letter. The standards apply to each part of any
contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in New Zealand and in any country
from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or
- Promote or contain any sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation, marital status,
colour, ethical belief, political opinion, employment or family
status or age.
- Infringe any copyright, database right or trade mark of any
- Be likely to mislead or deceive any person.
- Be made in breach of any legal duty owed to a third party, such
as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause
annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass alarm or annoy any other
- Be used to impersonate any person, or to misrepresent your
identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not
- Advocate, promote or assist any unlawful act such as (by way of
example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a
breach of these conditions of use through your use of any of our
sites. When a breach of this policy has occurred, we may take such
action as we deem appropriate.
Failure to comply with these conditions of use upon may result
in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to
use some or all of our sites.
- Immediate, temporary or permanent removal of any posting or
material uploaded by you to our sites.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on
an indemnity basis (including, but not limited to, reasonable
administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities
as we reasonably feel is necessary.
To the extent permitted by New Zealand law, we exclude liability
for actions taken in reasonable response to any breaches by you (or
by any person purporting to be you) of these conditions of use. The
responses described in these sections are not limited, and we may
take any other action we reasonably deem appropriate.
We will comply with our responsibilities under the Privacy Act
Depending on the information and/or services you request, we may
ask you to provide your name, occupation, email address, postal
address, phone number, payment details, and similar information
some or all of which may be personal information of yours. If
you join one of our clubs, we will hold your photograph on our
system for identity verification purposes. Your personal
information may be used in connection with the supply of goods and
services to you, including
- Responding to enquiries from you, and
- Registering you as a recipient of newsletters and other
communications by email regarding our service offerings.
In addition to using any personal information that we have
collected from you for purposes related to supplying services to
you, we will use that information for the purposes of:
- Account and marketing administration, and
- Analysis for the purpose of improving the quality of our
website and other service offerings.
You can request details of your personal information that we
hold, and ask us to correct it, at any time.
Where you have provided information to us on a confidential
basis, we will hold that information in confidence, except as
required by law.
We will make every reasonable effort to keep information and
materials on the website as secure and confidential as
possible. However we cannot be held responsible for any
breach of security that is out of its control, and cannot guarantee
that our website www.lesmills.co.nz or any related websites are
secure, unless you have accessed a secure page where the url begins
You have the right to choose not to receive marketing or
promotional emails, faxes or mailers from us that do not relate to
your requests, membership administration or enquiries. You may make
this request by replying to an email with the words "unsubscribe
me" in the subject line.
We may use your information in statistical form without
identifying you, to analyse the products and services our customers
prefer, including through the use of "cookies", which are
electronic messages left on your web browser. We will also gather
information in statistical form such as the number of visitors who
visit the Les Mills website during a given period. You can disable
the "cookies" but if you do so, some of the features on the website
may not function.
Changes to Website conditions
We may revise our website conditions at any time by amending
this page. You are expected to check this page from time to time to
take notice of any changes we make, as they are legally binding on
you. Some of the provisions contained in these conditions of use
may also be superseded by provisions or notices published elsewhere
on our sites or sent to you by email.