TERMS & CONDITIONS OF USE
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:
(4) Any other policy developed by LMI from time to time and notified on the Site or any part of the Site, which is expressly incorporated here by reference.
- "we" or "LMI" means Les Mills International Limited or any Les Mills company subsidiary or authorised distributor
- "you" means you, the person using our services, or visiting the Site
- "services" means all goods or services we provide to you, including providing you with access to the Site.
1. License and Site Access
Subject to any rights you may have pursuant to another agreement with LMI, LMI grants you a limited license to access and make personal, non-commercial use only of the Site. Any other copying, redistribution, retransmission or publication of any downloaded material is strictly prohibited without the express written consent of LMI. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or its content; (b) the collection and use of any product or service listings or descriptions; (c) making derivative uses of the Site 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 LMI or any third party. You may not use, frame or utilise framing techniques to enclose any LMI trademark, logo or other proprietary information (including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page) without LMI’s express written consent. Further, you may not use any meta tags or any other "hidden text" utilising a LMI name, trademark, service mark, design, logo or product name without LMI’s express written consent. If you use any part of the Site that requires 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 LMI immediately. LMI reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account including, without limitation, terminating your account, changing your password or requesting additional information to authorise transactions on your account.
2. Usage and Monitoring
You hereby certify to us that you are at least 13 years old. Use of the Site by children under the age of 13 years is strictly prohibited.
5. Copyright Complaints
LMI respects the intellectual property of others. If you believe that your work has been copied and has been posted to the Site in a way that constitutes copyright infringement, please notify LMI 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 Site 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 authorised 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. LMI’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
LMI, PO Box 91137, Auckland Mail Service Centre, New Zealand
Fax: +649 366 9901
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 LMI trade and service marks and logos, and the LMI products and services described in the Site, are either trademarks, service marks or registered trademarks of LMI or its authorised agents, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LMI. All page headers, LMI custom graphics, button icons, and scripts are the copyright and / or service marks, trademarks, and/or trade dress of LMI and may not be copied, imitated, or used, in whole or in part, without the prior written permission of LMI. LMI’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 LMI. All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LMI.
7. Operating and Acceptable Use Policies
- Upload to, distribute or otherwise publish through the Site 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 LMI or any third party. Infringement may result from the unauthorised 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 Site. Unless you are participating in an area of the Site that requires or allows anonymity, you are required to use your real name in online communications;
- Upload to, distribute or otherwise publish through the Site 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 LMI’s 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 Site 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;
9. Responsibility for Your Conduct.
10. Third Party Products and Services
11. Product and Service Descriptions and Pricing
LMI and third parties offering information, products or services on the Site attempt to be as accurate as possible. However, LMI does not warrant that information, product and service descriptions or other content of the Site is 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 Site may be mispriced or contain an inaccuracy in its description. In the event LMI determines that a product or service is mispriced or contains an inaccurate description, LMI reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error. LMI agrees to notify you if it does so. You agree to notify LMI immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Site and comply with any corrective action taken by LMI.
12. Communications with LMI
Communications made through the Site's email and messaging system shall in no way be deemed to constitute legal notice to LMI or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against LMI or any of its agencies, officers, employees, agents or representatives.
(A) Links to the Site. You are granted a limited, non exclusive right to create a hypertext link to the home page of the Site provided such link does not portray LMI or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use any LMI logo or other proprietary graphic or trademark of LMI to link to the Site without the express written permission of LMI. This limited right may be revoked at any time without notice.
(A) WARRANTY DISCLAIMER: THE SITE AND THE MATERIALS CONTAINED IN IT ARE PROVIDED BY LMI ON AN "AS IS" AND "AS AVAILABLE" BASIS. LMI 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 SITE. LMI DOES NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE SITE OR THE MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. LMI IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE LMI ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, LMI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE 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 SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK AND RESPONSIBILITY. ANY RELIANCE UPON ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE IS AT YOUR SOLE RISK. LMI RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AT ANY TIME AND WITHOUT NOTICE, TO CHANGE ANY AND ALL CONTENT CONTAINED ON THE SITE, CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANYTIME. LMI SHALL HAVE NO LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE. 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 LMI.
(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 SITE 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. LMI HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LMI SHALL HAVE NO LIABILITY TO YOU FOR USAGE CHARGES RELATED TO ANY DEVICE THAT YOU USE TO ACCESS THE SITE OR UTILISE ANY OF THE FUNCTIONALITY OR SERVICES OFFERED ON THE SITE, 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.
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 LMI and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
19. Enforceability and Admissibility