ACCEPTANCE OF TERMS: These Terms and Conditions are the terms and conditions upon which VBIKE Limited trading as VBIKE (“We/Our/Us”) allows You (our customer and where the context requires the parent or guardian or caregiver of a Minor, or the Minor detailed below) to use Our Services (including bike servicing and repairs, Our VBIKE Spin Programme, Our Coaching Programme, Our Website and Our Blog) and upon which You purchase any Products (including bikes and other equipment) from Us. These Terms and Conditions are subject to change from time to time. Additional terms and/or amendments to the Terms and Conditions will be effective immediately and will be posted on Our Website. All such additional terms and/or amendments to the Terms and Conditions are automatically incorporated into these Terms and Conditions. Should You accept Our Terms and Conditions You will be required to complete, sign, and return this contract (these Terms and Conditions) to Us before commencing the use of any of Our Services (including Our Blog) and as part of any purchase from Our store. Should You not accept any additional terms and/or amendments to the Terms and Conditions, You have the right to cancel Your contract with Us.
PRICES: All prices are in New Zealand dollars and are subject to availability of the Products or Services and can be withdrawn or varied without notice. Prices are subject to change at any time until full payment is received and We reserve the right to correct any pricing errors or omissions. All prices are per person or per Product or Service and include GST unless otherwise stated. All concession cards must be used within three (3) months of the date of purchase. All subscriptions are for the relevant purchased period only and commence on the date of purchase of the subscription and end at 11pm on the last day of the purchased period. Payment in full is required prior to release of the Product to You or prior to commencement of Your Service.
METHOD OF PAYMENT: Prices are valid for payment by cash, credit card, EFTPOS, NZ electronic transfer or direct debit via Ezidebit. An Administration and Processing Fee of two percent (2%) is payable by You if you pay by credit card or direct debit via Ezidebit. You are also responsible for the Ezidebit Administration, Transaction and Dishonour Fees applicable to Your direct debit service (refer to the Ezidebit section of Our Website for Ezidebit’s full terms and conditions). You agree to indemnify Us for all such fees including the Administration and Processing Fees and Ezidebit’s fees. Such indemnity shall survive the cancellation of this contract.
PRODUCT WARRANTIES: All Our Products come with manufacturer warranties. Should You find a defect or fault with any of Our Products You may return the Product within a reasonable time of Your purchase to Our store for assessment. Should We determine that the Product requires repair or replacement, We will contact the manufacturer on Your behalf and arrange for the repair or replacement of the Product. Your repaired Product will be returned to You on completion and return of the Product by the manufacturer. We will not be liable to You if the damage, defect, or fault arose as a result of Your misuse, neglect, or mishandling of Your Product.
PRODUCT SERVICING & WORKMANSHIP: Should You require servicing of Products purchased through Us or Your own bike or other equipment, We will endeavor to complete Our Service to You within a reasonable time, depending on the availability of the Parts. We will use Our reasonable endeavours to replace any Parts of Products purchased through Us within a reasonable time. However, You acknowledge that some Parts must be ordered from overseas suppliers and therefore there may be a delay in delivery of the Part to Us which is outside of Our control.
VBIKE SPIN PROGRAMME: Our VBike Spin Programme is available six (6) days per week on a first come, first served basis. However, We do not warrant that Our VBike Spin Programme will be uninterrupted and We reserve the right at any time to temporarily suspend Our VBike Spin Programme for servicing of the machines or other equipment, or for any other reason. You specifically agree that We shall not be liable to You or to any third party for any temporary suspension of Our VBike Spin Programme.
BOOKING CANCELLATION FEES: Cancelled bookings for Our VBike Spin classes or Our Coaching classes may incur charges unless twenty four (24) hours prior notice of cancellation has been given to Us. These charges can be up to 100% of the cost of the class. Where We incur any liability from a third party provider due to Your cancellation, You agree to indemnify us for the amount of that fee or charge. Such indemnity shall survive the cancellation of this contract.
HEALTH: You understand and acknowledge that participating in Our VBike Spin Programme carries with it certain inherent risks and dangers that may cause injury or other health complications due to the nature of Our VBike Spin Programme. You certify to Us that: You do not have any health problems or physical disabilities that would make participation in Our VBike Spin Programme unwise or risk injury and that You have not been advised otherwise by a qualified medical practitioner; You are not on any medication which could result in injury to Yourself or those around You; You possess sufficient skills, co-ordination, and physical fitness to safely participate in Our Services; You will ensure that You are aware of and dutifully disclose to Us any health issues or requirements that You may have prior to participation in Our VBike Spin Programme; You will cease activity and inform Us immediately of any health problem that arises during Your participation in any of Our Services; You will complete Our Health Questionnaire below and any other medical questionnaires required by Us. We will determine in Our sole discretion whether You are eligible for participation in Our VBike Spin Programme. Should We decide that You are eligible for participation in Our VBike Spin Programme, We strongly recommend prior to commencing Our VBIKE Spin Programme that You obtain medical advice from a qualified medical practitioner. You agree that Your failure to obtain such medical advice and Your participation in Our VBIKE Spin Programme is at Your sole risk and that You assume full and complete risk and responsibility for any accident or injury which may occur. In the event of an accident or injury, You agree to accept treatment by a New Zealand doctor or hospital in the first instance.
EMERGENCIES: In an emergency situation where You need medical attention, We will ensure that every effort is made to contact You (being the parent, or guardian, or caregiver of a Minor) or Your Emergency Contact Person. However, if contact is unsuccessful, You (including the parent, or guardian, or caregiver of a Minor) authorise Us in the event of an accident or illness, to take all such steps as may be reasonably necessary for Your proper treatment and care, including seeking medical care and transport if deemed necessary. All costs associated with Your medical care and transportation is at Your sole risk. Where We incur any liability associated with Your medical care and transportation, You agree to indemnify Us for the amount of such fees or charges. Such indemnity shall survive the cancellation of this contract.
INSURANCE: Should You wish to leave Your Personal Property (including Your bike or other equipment owned by You) at Our store, We recommend that You have insurance to cover such Personal Property. We do not accept responsibility for the theft, loss, or damage, to Your Personal Property left on any building, land, or vehicle, owned or managed by Us or used in association with Our Services.
OUR WEBSITE & BLOG: We will endeavor to maintain and update Our Website and Our Blog on a regular basis. However, We do not warrant that Our Website or Our Blog will be uninterrupted and We reserve the right at any time to temporarily suspend Our Website and Our Blog for servicing or upgrade, or for any other reason. You specifically agree that We shall not be liable to You or to any third party for any temporary suspension of Our Website or Our Blog. You agree not to post content on Our Blog site that is offensive, illegal, or defamatory. Our Blog must not be used to promote any other commercial or business activities or ventures. We are not responsible for any of the opinions expressed on Our Blog by our customers or other parties. Should You post a comment or message on Our Blog, You agree to take full legal responsibility and liability for Your own comments and shall fully indemnify Us in accordance with these Terms and Conditions should We be made a party to any proceedings. Such indemnity shall survive the cancellation of this contract.
HOUSE RULES: You are required to comply and adhere to Our House Rules, including being polite, considerate, and respectful to Us and Our other customers at all times; ensuring You have a towel with You before participating in any of Our VBIKE Spin classes; ensuring Your bike is in good order, condition, and repair before taking part in Our VBIKE Spin Programme or other Services; ensuring You are fit and well enough to participate in Our Services; to wear all recommended safety gear during participation in Our Services; to report any injuries (however minor) to Us so that We can record such details; to inform Us immediately of any unbecoming conduct or condition that is or may create a nuisance or a hazard for Our customers or for Us. We reserve the right to amend and update Our House Rules from time to time and We will advise You of such changes and when they become effective.
MINORS: If You have a Minor (being a person under 18 years of age or a dependent) that wishes to participate in any of Our Services, by signing this contract You represent and warrant to Us that You are the parent or legal guardian of that Minor and have the legal capacity and authority to enter into this contract on the Minor’s behalf, and that You accept these Terms and Conditions and will be personally responsible to Us under this contract.
CANCELLATION: This contract shall remain in full force and effect while You are Our customer and either purchase a Product(s) from Us or use Our Services. You may cancel Your contract with Us at any time, for any reason, by providing us with Your written notice of cancellation. Without limiting any other rights and remedies available to the parties, We may, at Our sole discretion, issue a warning to You, suspend or cancel Your contract with Us, or refuse to provide Our Products or Services to You if You breach any of these Terms and Conditions or where We consider it appropriate.
CONSEQUENCES UPON CANCELLATION: Upon cancellation of Your contract with Us for any reason, You must immediately pay all money due to Us in full, return any of Our Products, Parts, or equipment that We own that are held in Your possession, remove all Your Personal Property left at Our store, and cease coming to Our store and using Our Products and/or Services. You acknowledge and agree that You will not be entitled to a refund of any amount paid to Us, including for any unused or partially used concession cards or subscriptions.
LIABILITY: We do not accept any liability, and You agree to waive, release, and discharge Us from any liability, of whatever nature, whether in contract, tort or otherwise, for death, disability, personal injury (including loss of life), property damage, property theft, and all other forseeable risks, claims or actions of any kind (including negligence), damages, loss (including consequential loss), costs (including legal costs) and/or expenses, delay, additional expense, or inconvenience, howsoever arising caused directly or indirectly from the acts, omissions or default, whether negligent or otherwise:
(a) by Us or from any defect or fault in the Parts or equipment used in Our Products or Our Services; or
(b) by third party providers over whom We have no direct control; or
(c) by force majeure or any other event which is beyond Our control which is not preventable by reasonable diligence on Our part.
Under circumstances where Our liability cannot be excluded, such liability is limited to the value of the Services and/or Products purchased from Us and You agree to indemnify and keep Us indemnified and hold Us safe and harmless against any and all sums, howsoever accruing, exceeding the value of the Services and/or Products purchased by You. This clause shall survive the cancellation of this contract.
INDEMNITY: You agree to indemnify and keep Us indemnified and hold Us safe and harmless against all losses (including consequential loss), claims, damages, property damage (including any damage to Our Products, Parts, equipment or property), costs and expenses (including legal costs and expenses and as between solicitor and client), liabilities (including vicarious liability), actions and proceedings of every kind which We may suffer or incur concerning: enforcement of any of these Terms and Conditions; or any breach of these Terms and Conditions or any other agreement We may have with You; or any breach by You of any warranties, certifications, or representations express or implied made by You to Us; any injury to any person or damage to any property arising from your conduct and participation in Our Services; all monies due and owing to Us by You; any negligent act or omission by You; Your participation in Our Services and/or purchase of any of Our Products, or as a result of or in connection with these Terms and Conditions. For the purposes of the Contracts (Privity) Act 1982, You agree that Our directors, officers and employees may rely on this clause as if they were a party to this contract and this clause was given for their benefit. This clause shall survive the cancellation of this contract.
COMPLAINTS: Should You not be satisfied with any aspect of Our Products or Services, please contact the store manager to make a formal written complaint. We pride Ourselves on Our commitment to Our customers and will endeavor to settle Your complaint within a reasonable time. We welcome Your feedback and aim to improve Our Products and Services to You.
DISPUTE RESOLUTION: If a party considers that there is a dispute in respect of any matters arising out of, or in connection with this contract or with any of Our Products or Services, then that party shall immediately give written notice to the other party setting out details of the dispute. The parties will endeavour in good faith to resolve the dispute between themselves within five (5) working days of the receipt of the notice, failing which the parties will endeavour in good faith within a further ten (10) working days to appoint a mediator and resolve the dispute, time being of the essence. The mediator’s decision shall be final and binding on the parties including as to whom shall be responsible for payment of the cost of the mediator. The parties agree that neither party shall commence legal proceedings against the other except for urgent interlocutory relief before following the procedure contained in this clause.
NO WAIVER: A failure by Us to exercise or delay in exercising any of Our rights under this contract does not operate as a waiver, nor does any single or partial exercise of any of Our rights preclude any other or further exercise of that or any other rights. No waiver by Us in respect of any particular default by You shall affect or impair Our rights in respect of any subsequent default of any kind by You, nor shall any act or omission of Ours to exercise any rights arising from any default, affect or impair Our rights in respect of such default or any other default by You. Subsequent acceptance by Us of any payment by You shall not be deemed a waiver of any preceding breach of this contract by You.
ENTIRE CONTRACT, PARTIAL INVALIDITY & ASSIGNMENT: The parties agree that these Terms and Conditions constitute the entire agreement between the parties (including any additional terms and any amendments to these Terms and Conditions). If any provision of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms and Conditions, which shall continue in full force and effect. Your contract with Us is personal and cannot be sold, assigned, or transferred to another party, without Our express prior written consent.
GOVERNING LAW AND JURISDICTION: This contract is governed by and construed in accordance with the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the New Zealand courts.
YOUR ACKNOWLEDGEMENT: You acknowledge that: You have carefully read and understood these Terms and Conditions prior to signing this contract; We do not guarantee the success of any fitness programme that You have with Us and You understand that any success of Your fitness programme depends on Your own efforts and diet, nor do we promise any specific results from the use of Our VBIKE Spin Programme; You understand that there are health risks in participating in Our VBIKE Spin Programme and that all representations You have made to Us are true and correct and You have not failed to disclose to Us any information which would have materially influenced Our decision as to whether or not to allow You to participate in Our VBIKE Spin Programme.
WARNING: Please read these Terms and Conditions carefully. By signing these Terms and Conditions, You are deemed to have understood and accepted Our Terms and Conditions and are bound by them. If You are signing these Terms and Conditions on behalf of a Minor, You must also complete the Minor’s Details, and You acknowledge and agree that You have understood and accepted Our Terms and Conditions and that You are personally bound by them.
Click here to accept our terms and conditions and complete our mandatory medical questionnaire.