Terms and Conditions

SALES POLICY
The purchase of all digital products, PDF downloads and online content is subject to the following terms and conditions. All customers are advised to review these terms and conditions carefully before making any purchase.

  • All digital products, PDF downloads, resource material, videos and online content are subject to copyright protection. Each digital product, PDF download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person. In some cases, Phoenix Pro Fitness Ltd may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital products to ensure additional safety.
  • All transactions for purchase of intangible products, PDF downloads, resource material, videos and online content are made through payment gateways such as PayPal that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.
  • In case you are not redirected back to our website after purchase or you do not receive an email from us with a link to the product of your purchase, you can immediately contact us with your transaction details, including the email ID through which the payment was made. We will revert back to you with your product and download details as soon as possible.
  • All purchases for digital downloads made on www.phoenixprofitness.com are non-refundable or exchangeable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made please contact us via customerservice@phoenixprofitness.com to discuss a resolution.
  • All orders are considered final at time of placement. Please check your details carefully before submitting your order. Should you need to make an adjustment to your order, please contact customerservice@phoenixprofitness.com immediately. Once an order is placed, there is no guarantee that it can be altered or changed in any way however, we will endeavour to accommodate where possible.
  • By placing an order with Phoenix Pro Fitness Ltd, you warrant that you are at least 18 years old (or have parents’ or a legal guardian’s permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at Phoenix Pro Fitness Ltd for the sale and supply of any products. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.

Payments
All transfers conducted through Phoenix Pro Fitness Ltd are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.

Dietary Requirements
The Healthy Eating recipes provided on www.phoenixprofitness.com are not formulated to suit the nutritional needs of pregnant or breastfeeding women, any nutrient deficiencies, allergies or any other food related health problems. Please contact us prior to using these recipes if you are unsure whether they are suitable for your dietary needs.

Participation In Strength, Fitness & Conditioning Training
By participating in Activity provided by this site, or by the Trainer in a Virtual Training Session, you acknowledge that a condition of participating in this Activity is that you do so at your own risk. You accept all risks and hereby indemnify and release the Trainer, their agents, affiliates, employees, members, sponsors, promoters and any person or body directly and indirectly associated with the Trainer, against all liability (including liability for their negligence and the negligence of others), claims, demands, and proceeding arising out of or connected with participation in this Activity. This release and indemnity continues forever and binds your heirs, successors, executors, personal representatives and assigns.

By participating in Activity provided by this site, or by the Trainer in a Virtual Training Session, you acknowledge that participating in this Activity may involve a risk of serious injury or even death from various causes including: overexertion, dehydration, equipment failure and accidents with equipment and surroundings.

By participating in Activity provided by this site, or by the Trainer in a Virtual Training Session, you confirm you recognise the difficulties associated with the Activity and attest that you are physically fit to participate safely in the Activity, and that a qualified medical practitioner has not advised you otherwise.

By participating in Activity provided by this site, or by the Trainer in a Virtual Training Session, you acknowledge that you understand the demanding physical nature of this Activity. You are not aware of any medical condition, injury or impairment that will be detrimental to your health if you participate in this Activity. In the event that you become aware of any medical condition, injury or impairment that may be detrimental to your health, your Trainer will be immediately informed. By continuing to participate in this activity, you accept the risks despite these conditions and are still, and will always be under the terms of this agreement.

By participating in Activity provided by this site, or by the Trainer in a Virtual Training Session, you certify that you are 18 years or older and fully understand this section. Or as a parent or guardian of the participant under 18 years of age, you agree to the above for yourself and on behalf of the participant, and indemnify and will keep indemnified any person or body directly or indirectly associated with the conduct of the activity on the terms referred to.

In the above section, the “Trainer” refers to the New Zealand Registered Business “Phoenix Pro Fitness Ltd”, while the “Activity” refers to the participation in strength, fitness and conditioning training and general advice.

Cookies
Phoenix Pro Fitness Ltd uses cookies according to the new Electronic Communications Act, which came into force on 25 July 2003. A cookie is a small text file stored on your computer that contains information that helps the website to identify and track the visitor. Cookies do no harm to your computer, consist only of text, cannot contain viruses and occupies virtually no space on your hard drive. There are two types of cookies: “Session Cookies” and cookies that are saved permanently on your computer.

The first type of cookie commonly used is “Session Cookies”. During the time you visit the website, our web server assigns your browser a unique identifier string so as not to confuse you with other visitors. A “Session Cookie” is never stored permanently on your computer and disappears when you close your browser. To use www.phoenixprofitness.com without troubles you need to have cookies enabled.

The second type of cookie saves a file permanently on your computer. This type of cookie is used to track how visitors move around on the website. This is only used to offer visitors better services and support. The text files can be deleted. On this website we use this type of cookie to keep track of your shopping cart and to keep statistics of our visitors. The information stored on your computer is only a unique number, without any connection to personal information.

Additional Information
Phoenix Pro Fitness Ltd reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.

RETURN POLICY
As all of our products are digital, they are deemed “used” after download or opening. This unfortunately means we have a strictly no refund policy in regards to dissatisfaction with product. Please contact customerservice@phoenixprofitness.com to see how we can remedy any problems you may have with this.

PAYMENT AND CURRENCY DISCLAIMER
All payments are managed by a third-party payment gateway, Stripe (www.stripe.com). All payment amounts are represented in NZD as this is the currency of our host country. Stripe does not provide converting transactions prices, for example if you are in America it will not show the equivalent in USD. All transactions processed on www.phoenixprofitness.com will be charged to the customer in the equivalent amount in their host country’s currency per the NZD price. All currency conversions and their calculations through payment are made via stripe.

Marketing
Phoenix Pro Fitness Ltd has implemented remarketing, google display network impression reporting, double-click campaign manager integration, and google analytics demographic and interests reporting. Using the Ads Settings in google you many opt out of google analytics for display advertising and customize google display network ads.

Phoenix Pro Fitness Ltd reserves the right to use remarketing with google analytics to advertise online. Third-party vendors, including Google, may show you our ads on sites across the internet. Phoenix Pro Fitness Ltd and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on users’ past visits to our website.

Phoenix Pro Fitness Ltd and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to this site. Phoenix Pro Fitness Ltd collects data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender, and interests) with Google Analytics.

Privacy Policy
All personal information you provide us with or that we obtain will be handled by Phoenix Pro Fitness Ltd and we will be responsible for the secure storage of your personal information. We will collect details such as contact name and email address and this information is obtained automatically through forms annotated on www.phoenixprofitness.com. All other information such as payment details are not collected by our company and we are therefore not responsible for the security of such information. Payment information is processed and stored using a third-party company. This company can be contacted at www.stripe.com. The personal information you provide will be used to provide offers and information on our products to you. The information you provide is only available to Phoenix Pro Fitness Ltd and will not be shared with any other third parties within New Zealand or Internationally. You have the right to inspect the information held about you. You always have the right to request Phoenix Pro Fitness Ltd to delete or correct the information held about you. If you wish to alter, access or remove or complain about breaches of the Privacy Act 1993 please contact us on customerservice@phoenixprofitness.com. By visiting this website and purchasing products of Phoenix Pro Fitness Ltd, you agree to the above.

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from Phoenix Pro Fitness Ltd, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our website, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our products and other updates.

SECTION 2 – CONSENT

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at customerservice@phoenixprofitness.com.

SECTION 3 – DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 – THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links
When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 5 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 6 – AGE OF CONSENT

By using this site, you represent that you are at least 18 years or older, or that you are 18 years or older and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 7 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at customerservice@phoenixprofitness.com.

Contact Us

Call: +64 27 367 4545 (NZST)
Email: customerservice
@phoenixprofitness.com
Address: PO Box 40055, Glenfield, Auckland 0747

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