­

Your access to, and use of the Site Shop (our internet sales/membership website) and the Products and services we provide to you are all subject to the following terms and conditions, notices, disclaimers, and our Privacy Policy – whichever country you are accessing the Site Shop from.

In addition, when you purchase any Product or use any service from us, you will be bound by the rules, guidelines, policies, terms and conditions, which the Site Shop indicates to you at the time as being applicable to such a Product or service (including any policies or conditions relating to any Product warranties). These Terms and Conditions may be changed at any time by us and any such changes will be notified on the Site Shop.

Terms and Conditions of Sale and Website/Product User Terms

READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING OUR TERMS AND CONDITIONS. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND MAY ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

Warning of Assumption of Inherent Risks:

Understand that before using any products or exercise programmes from Ascend Fitness Ltd/ Your Gym in a Bag or any associated party, that there are risks of injury or worse. The Site Shop (Ascend Fitness Ltd/ Your Gym in a Bag and any associated party) will not take any responsibility for any incidents that occur resulting in injury or death. You as the customer have a responsibility to make sure you are deemed healthy and given permission by a health professional to start this (or any) programme/exercises. By accepting these Terms and Conditions you are stating that you are in a state of health that allows you to safely participate and as a result waive any right to take legal action if any of the above events occur.

1 Definitions

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

"Ascend Fitness" "Seller", "we, "our" and "us" all mean Ascend Fitness Limited (New Zealand Company Number: 5040301) trading as “Your Gym in a Bag” out of New Zealand (and includes our group, affiliated, related or associated entities, and/or any officer, employee, contractor or agent of any of them).

"Contract" means a completed contract for the sale by us to you of the Products (such Contract to be in accordance with these Terms and Conditions).

"Customer" means you.

"Force Majeure" has the meaning given in clause 15.3.

"GST" means goods and services tax chargeable in accordance with the (New Zealand) Goods and Services Tax Act 1985 (or any substitute for that tax).

"Nominated Payment Authority" means Visa, MasterCard or Bankcard (or other credit or bank card that we and our Payment Portal may accept (in our sole discretion) at the relevant time).

“Payment Portal” means the third-party payment portal we use to process your payments when purchasing Products from the Site Shop (such as “Paypal” or similar).

"Price" means the recommended retail price for the products that you will be liable to pay, and in New Zealand includes GST and any other sales tax (applicable where you are a New Zealand customer) and any delivery and services costs included in the Price (as detailed in clause 5.1) but excluding those costs and charges as described in clause 5.2. Please note that all prices posted on the Site Shop are for on-line purchases only and our prices are subject to change without notice.

"Products" means those goods supplied by us to you (whether you are a Customer residing in New Zealand or outside of New Zealand) and for sale via the Site Shop.

"Site Shop" means this internet website owned by Ascend Fitness and the internet-based sales medium by which Products are offered for sale by us to our Customers situated anywhere in the World.

"Terms and Conditions"means these standard customer terms and conditions of sale and website user terms.

2 Your use of the site shop

2.1 The Site Shop is owned and operated by Ascend Fitness. By using the Site Shop, you agree to abide by these Terms and Conditions and our Privacy Policy at all times and if you disagree with any of them, you should not purchase from, or otherwise, use the Site Shop. If you do not agree with these Terms and Conditions and our Privacy Policy or if you are dissatisfied with any portion of the Site Shop, your sole and exclusive remedy is to discontinue use of the Site Shop immediately.

2.2 These Terms and Conditions and our Privacy Policy apply to a Contract with any Customer anywhere in the World.

2.3 By using the Site Shop you acknowledge that you have read, understood and accepted these Terms and Conditions and our Privacy Policy and agree to be bound by them, and that any order you place through the Site Shop constitutes a legally binding offer to purchase that is capable of being accepted by us (and so forming a completed Contract). You are liable for every order you make (including payment).

3 Making orders

3.1 You must order the Products in accordance with the instructions and directions on the Site Shop (which may be updated or changed by us at any time in our discretion).

3.2 Receipt by you of an electronic order or verification of order form from us does not constitute our acceptance of your order, nor does it signify confirmation of our offer to sell any Products to you (and so does not create a completed Contract). Even if we have processed payment for your order, that order will not be accepted by us until we have dispatched the Products for delivery to you.

3.3 We have the sole and absolute discretion to decline your order and/or to refuse to sell you any Product for any reason whatsoever, without providing reasons for that refusal. We may require you to give us additional information/verifications before accepting your order (we will ask for this information). All orders are subject to availability of Products. If Products are not available at the time you place your order, the Site Shop will state that.

3.4 We may limit the number of products you can order at any one time, and your purchases may be subject to credit card limits.

4 Payment for products

4.1 You will pay us for the price for the Products (and, if relevant and as notified by us, any delivery or other costs also) in full as directed, and by authorising us or our Payment Portal to charge any one of your Nominated Payment Authorities on the date we dispatch the Products to you from our warehouse. Please note that some Nominated Payment Authorities and/or the Payment Portal may require us to debit your Payment Authority before your order for the Products can be finalised. This will be drawn to your attention before you finalise your order.

4.2 All payments for Products are payable in New Zealand Dollars, for all Customers anywhere in the World.

4.3 If your Nominated Payment Authority is declined by its financial institution, delivery of the relevant order will not be made. We reserve the right to refuse to accept payment from any particular Customer using a credit card for any reason whatsoever. We have the absolute right to withhold delivery or cancel an order where we have any doubts whatsoever about your credit worthiness.

5 Price

5.1 The Price for any Product shall be the price quoted on the Site Shop at the time you submit your order, plus any other applicable costs associated with additional services and, where relevant, for delivering the Products to you (these additional and delivery costs will either be posted on the Site Shop, or you will be notified of these costs when you place your order). No adjustment to the Price will be made if the price for the Product changes between you submitting your order and delivery.

5.2 Except where specifically stated otherwise, our prices do not include export and shipping fees, duties, insurance, tariffs and/or other charges associated with exporting the Products to any country other than New Zealand. In this respect you acknowledge that you may be subject to various import duties and taxes which are levied once the Products you have ordered reach your country (if outside of New Zealand). All such charges for customs and excise clearance are to be met by you alone. We have no control over these charges and are unable to predict the amount of them. Customs policies vary greatly from country to country and you should contact your local customs office for further information. As the importer of the Products, you will be solely responsible for compliance with all laws and regulations in the county into which you are importing the Products.

5.3 We may vary the prices for Products, delivery or other services provided with any Products that are posted on the Shop Site at any time without giving notice to you.

6 The products

6.1 We may add new Products, remove existing product lines or cease to supply existing Products, and change Products at any time without giving notice to you.

6.2 While we will try our best to accurately show the Products on our Site Shop, some Products, especially their colours and sizes, may appear differently on your screen than what they actually are and we don’t guarantee that the actual Product will look exactly the same as what you can see on your screen.

7 Title and Risk

7.1 Orders are not binding on us until accepted by us under clause 3.2 (at which point a Contract is formed). If we not accept your order then all monies that you have paid will be refunded to you.

7.2 We remain the owner of the Products (retain title) we supply to you (including any proceeds from the sale of the Products) until you have paid all amounts owed to us in full.

7.3 The Products you have ordered will be at your risk as soon as they have been dispatched from our warehouse (even though ownership of the goods may not have passed to you yet). We will not be liable to you if goods are lost or damaged in transit after dispatch. You are solely responsible for the accuracy of your nominated delivery address.

8 Freight and delivery

8.1 For orders to customers Worldwide we will (at your cost), freight the Products to you by whatever method and route we consider to be the most expedient. This will be included in or with the Price. Any Customers not in New Zealand will be responsible for all taxes, duties, tariffs and customs laws in their country (and these will not be included in the Price). For details of the various freight options available to you please see our delivery options posted on the Site Shop.

8.2 For orders to customers outside of New Zealand(defined here as "Overseas Customers") a shipping or freight fee will apply (these fees and rates will be posted on the Site Shop, or we will notify you of them in some other way in advance of dispatch). We will do our best to obtain a reasonable shipping rate (but are under no obligation to obtain the cheapest or best rate).

8.3 Overseas Customers will be responsible for all taxes, duties, tariffs and customs (at their own costs – none of these are included in the Price), and compliance with applicable laws in their country. For details of the various freight options available to you please see our delivery options posted on the Site Shop.

8.4 If we have specified a delivery date, we will try our best to deliver the Products to you by that date. However:

(a) We will be entitled to deliver the Products to you after the agreed delivery date, or cancel the Contract without being liable to you in any way if the delay in delivery is due (in any way or in part) to any event of Force Majeure (i.e. for causes outside our reasonable control), or if for those same reasons we are unable to deliver the Products to you at all;

(b) We may deliver the Products from a particular order to you by separate instalments in any quantities we see fit, and each delivery will be a separate Contract independent from the other deliveries for that order; and

(c) Where you fail or refuse to take delivery of all of the Products delivered, the Products will be left at the delivery address you have nominated and be deemed to be delivered at that point in time they are left there. We will not be liable to you in any way for loss or damage following delivery, including for your failure to pick-up.

8.5 Once delivery has occurred, it is solely your responsibility to inspect the Products within 3 days of delivery, and notify us by email to: This email address is being protected from spambots. You need JavaScript enabled to view it. there are any issues and if you intend to return them.

9 Return of products

You may return Products to us in one of the following situations:

9.1 Where the Products are faulty or damaged or if we deliver the wrong Products to you. In this situation we will (at your option) either:

(a) replace the Products if available; or

(b) give you a full refund on your Nominated Payment Authority.

9.2 All Products returned in accordance with clause 9.1 must be returned in their original condition and packaging (unopened), together with the invoice and packing slip which accompanied the Products.

9.3 If you wish to return Products to us, please contact us as soon as possible about the return, and we will provide you with the information you need to return them. Please then use the following procedure:

(a) Make sure you fill out the return slip attached to the back of the tax invoice, which accompanied the Product; and

(b) Wrap the Product securely and send it to us in a parcel post pack or, if the Product is too large, then a sturdy and adequate carton, together with the invoice which accompanied the Product and the return slip to us at the address we have provided to you through our returns department.

9.4 For all returns, you must also provide us with the following information:

(a) The reason for the return of the Product (which must be one of the following):

(i) the Product(s) are faulty or damaged (under clause 9.1); or

(ii) the Product(s) received are not what you ordered (under clause 9.1);

(b) In the case of faulty or damaged Products, the method or type of refund you want (it must be either one of the following):

(i) Full refund of the purchase price (including shipping/delivery), in which case you must provide us with your Nominated Payment Authority details; or

(ii) Replacement Products.

(c) Where the Product(s) received are not what you ordered (under clause 9.1), we will provide you with replacement Products (at our cost).

9.5 If you have any problems regarding your order - you may contact us at: This email address is being protected from spambots. You need JavaScript enabled to view it. (citing an order number).

10 Warranty and guarantees, limitation of liability

10.1 Subject to the specific provisions of these Terms and Conditions we warrant to you that:

(a) The Products will be of merchantable quality and will perform to their stated specifications;

(b) Every transaction involving your Nominated Payment Authority will be securely handled by our nominated Payment Portal provider; and

(c) Any “personal information” you give us for any transactions through the Site Shop will be collected, held, stored and used in accordance with our Privacy Policy.

10.2 This clause10.2 shall apply where the buyer is a “consumer” under the (New Zealand) Consumer Guarantees Act 1993 (the “NZ CGA”):

(a) If you purchase the Products for business purposes (i.e. as opposed to household consumption) you agree that the CGA will not apply; and

(b) Nothing in these Terms and Conditions is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act (including for “business to business transactions”), and these Terms and Conditions are to be modified to the extent necessary to give effect to that intention.

10.3 Where you supply the Products in trade to a person acquiring them for business purposes (i.e. a “business to business transaction”), you agree that it will be a term of sale with that person that the CGA will not apply in respect of those Products.

10.4 The material and information provided in the Site Shop is supplied upon the condition that it will allow you to, and you will make, your own determination as to the Product’s fitness or suitability for your purposes prior to purchasing the Product. Although our Products are made to the highest standards, your purchase and use of any Products must be solely based on your own judgement, and is entirely at your own risk. Nothing contained in the Site Shop shall be construed as a recommendation to use any Product, for your specific requirements or otherwise.

10.5 All representations or terms (including any condition or warranty expressed or implied by law, statute or otherwise) not expressly allowed by or included in these Terms and Conditions or on the Site Shop are expressly excluded, to the extent permitted by law. You acknowledge that you have not relied on any representation or statement made by us other than the express provisions of these Terms and Conditions, or any representation or statement on the Site Shop.

10.6 Except as expressly provided in these Terms and Conditions, all warranties, descriptions, representations and conditions as to fitness or suitability for any purpose, tolerance to any condition, merchantability or otherwise, whether expressed or implied by law, trade, custom or otherwise are expressly excluded, to the extent permitted by law. No warranty (express or implied) relating to the Products shall extend to include:

(a) Damage to Products after risk of loss in the Products passes to you;

(b) Loss or damage (including personal injury or indirect or consequential loss or damage) caused by you installing, assembling, handling, and/or using the Products outside our instructions (including by not anchoring them properly as per the instructions), directions or recommended use procedures, or outside any design or other relevant specifications and/or the scope of our relevant disclaimers, and/or resulting from your or any third party’s negligence, misuse, error, omission or fault in respect of using the Products, and/or resulting from general wear and tear including where you (or anyone allowed by you) carries out any unauthorised tampering, repairs, maintenance, alterations, add-ons or work on the Products;

(c) Accidental loss or damage and/or damage or loss caused by vandalism, abnormal use, cosmetic deterioration, normal wear and tear or poor handling or misuse, or failure to perform preventative maintenance requirements;

(d) Loss or damage to property (including the Products) and personal injury due to external causes, including accident, abuse and misuse, or a Force Majeure event, or by the act of any third party, or the failure of any accessory or ancillary equipment used with the Products and not approved by us;

(e) Loss or the repair of damage to any property (including the Products) and personal injury arising from the act, error, fault, neglect, misuse or omission of any user of the Products; or

(f) Loss or damage occurring outside the relevant time-frame of any manufacturer’s warranty.

10.7 Our liability arising from, under or in respect of, these Terms and Conditions, or for a breach of them or for any misrepresentation, negligence or (howsoever occurring) for any loss, damage or injury (personal or otherwise) arising directly or indirectly from any defect in, failure or non-compliance of a Product shall be limited to the Price you have paid for the Products, or the actual loss or damage suffered in relation to those Products or your use of them (whichever is the lesser amount).

10.8 Under no circumstances will we be liable to you or any other party for any form of special, indirect, consequential or punitive loss or damage of any kind or nature whatsoever, including (but not limited to), loss of profits or savings (including those anticipated), loss of use, loss of revenue or goodwill, business, custom or anticipated business or contract, or loss of data of any kind or nature whatsoever, or howsoever caused, whether through your purchase or use of the Site Shop, the Products, providing us with any “personal information” or any other reason.

10.9 Under no circumstances will we be liable to you for any damage to the Products due to external causes, including a Force Majeure event, or any accident, abuse, misuse, failure to perform preventative maintenance, or usage not in accordance with Product instructions and/or directions (including improper installation, assembly, handling, anchoring and use).

10.10 The material and information provided in the Site Shop is supplied upon the condition that you will make your own determination as to whether the Site Shop and its content are suitable for your purposes. In addition, you must take your own precautions and have in place your own preventative and safety measures (such as anti-virus and anti-malware shields) against any potential threats to your internet-enabled device or computer caused by accessing this Site Shop (e.g. from such things as computer viruses, malicious computer code or other forms of interference). We will not be liable to you in any way for such threats or damage and we will not be liable for any damages, losses or liabilities, costs or expenses whatsoever suffered as a result of your use of this Site Shop (or inability to use it), reliance on the information on this Site Shop or through directly or indirectly applying information on this Site Shop or Products or services purchased through it, including (but not limited to), any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure, or other technical issue. We will not be liable for any damages, loss or injury, including, (but not limited to), special or consequential damages that result from the use of or the inability to use, the materials or content in this Site Shop.

11 Disclaimer

11.1 The information and services on the Site Shop are provided for guidance only and are presented in good faith and believed to be correct as at the date on which they are prepared or posted. This information is provided on an “as is, where is” basis. Although we make every effort to ensure its accuracy, correctness and relevance, we make no warranties or representations about the accuracy, completeness or relevance of this Site Shop, its content or the content of any other web site "hypertext linked" to or from this Site Shop. To the extent permitted by law, we reserve the right (but make no binding commitment), to update or correct the Terms and Conditions and information contained in the Site Shop, or the Privacy Policy at any time, without giving notice to you.

11.2 We are not in the business of offering our customers professional dietetic, medical, or health care advice and as such any information obtained from the Site Shop and our web site must not be used for diagnostic, curative or treatment purposes or in substitution for seeking proper professional medical advice. We recommend you seek professional dietetic, medical, and/or health care advice before using the Products. This is especially the case if you are pregnant, taking a prescription medicine or suffer from a pre-existing medical condition.

11.3 Products must be used strictly in accordance with the instructions and directions provided, particularly in regards to installation, assembly, handling, anchoring and use of the Products.You must read the packaging and instructions very carefully before installation, assembly or use of the Products. It has important information and instructions relating to the installation, assembly, handling, anchoring and use of the Products. Please note that in order to obtain the benefits described from the use of the Products they must be used strictly in accordance with the instructions and directions provided. Due to the different physiological make-up of individuals, results may vary from use of the Products for different people. It is your responsibility alone to ensure that the Products are not used for any purpose or to any extent for which they are not suitable and shall solely be responsible for using all necessary skill and care in handling, storing and using the Products. In order to ensure longevity and potency of the Products you must ensure that you use and store the Products strictly as directed by us or on the label.

11.4 Please note that as with other similar products on the market there exists a small percentage of the population who may have an allergenic or some other type of reaction to use of the Products (as some of the Products may contain certain elasticated or stretchy materials). If you are unsure as to whether you might have a reaction from using the Products you should first seek professional dietetic, medical and/or health care advice. If you have any reaction to use of the Products you should discontinue use immediately and consult a physician as soon as possible.

12 Intellectual property and use of materials and site shop

12.1 Unless otherwise specified, we are the owner of all of the trademarks, patents, copyright or other intellectual property rights in respect of the Products, any materials accompanying the Products, the Site Shop and the content and materials appearing on the Site Shop, including the text, site design, logos, graphics, icons, button icons, audio clips, software and images, as well as their collection, assembly and arrangement. All content is copyrighted unless specifically noted otherwise. You are granted permission to electronically copy and to print hard copy portions of the Site Shop’s content for the sole purpose of placing an order with the Site Shop or using the Site Shop as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without our prior written permission is strictly prohibited.

12.2 The Site Shop material is copyrighted and protected by world-wide copyright laws and treaty provisions (even if not stated) and is provided for lawful purposes only.

12.3 You may use the content of the Site Shop only for the purposes of reading and shopping at the Site Shop, assessing the Products and/or placing an order and for no other purpose (including commercial or business-related purposes). All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on the Site Shop may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

12.4 Material from the Site Shop and other sites owned, operated, licensed or controlled by us or any of our related, affiliated, or subsidiary companies may not be copied, reproduced, distributed, modified, published, uploaded, posted, or transmitted in any way, without our prior written consent. Doing so other than for your personal use directly violates our intellectual property rights.

12.5 We use a substantial number of trademarks and service marks on the Site Shop, in connection with the supply or Products and services through it. These trademarks and service marks may not be used or reproduced without our prior written permission.

12.6 You must not use the Site Shop or its contents in breach of any relevant legislation or laws, or for any unlawful, wrongful or immoral act, or to damage or disrupt the working of the Site Shop, and other website of ours or any third-party websites that are linked through the Site Shop.

12.7 Unless otherwise stated, the information provided on our Site Shop is based on information supplied by us and/or our suppliers, and is intended only as an introduction and guide to our Products and services. We can update the Site Shop and/or its content at any time without notice. While we have and will use every effort to ensure that we have supplied current and accurate information, we cannot guarantee that the content and information (including any updates or changes to it) is always entirely free of errors and omissions. To the extent permitted by law, we do not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, (whether negligent or otherwise), contained in the Site Shop’s content.

13 Personal information and use of cookies and web beacons

13.1 You will need to provide us with certain “personal information” (such as your name, email and delivery address) when using the Site Shop and ordering and paying for Products so that we can process and confirm your order, dispatch the Products to you and communicate with you then and in the future. We will collect, hold, store and use this Personal Information strictly in accordance with our Privacy Policy and all applicable New Zealand Privacy Laws. We will own this information at all times, from the time it is created or collected, and after your Contract with us ends. You agree that we can collect, retain and share information (including personal information) about you and your use of our Products, services and Site Shop, with our suppliers, so that we can provide the best Products and services for our customers. Us and our suppliers can retain and use that information, and also share it with their employees, contractors, suppliers and other agents, but only where that is reasonably necessary for providing Products and services to our customers, and making sure that you comply with these Terms and Conditions and/or any applicable laws. Unless you ask us not to, we can also hold, use for statistical purposes, and sell this information (provided that we only sell it in an aggregated form that does not allow you to be personally identified). You have the right to access to any personal information that identifies you that we hold about you if it is stored in such a way that it can readily be retrieved. If any personal information we hold about you is not accurate or complete, then you may ask us to correct it. All of this is provided in more detail in our Privacy Policy.

13.2 If you visit and use the Site Shop, then we may collect, store and analyse the following information about your visit:

(a) the IP address of your device and the domain name from which you are accessing the Internet;

(b) the operating system and the browser your computer or device uses, and any search engine you are using;

(c) the date and time you are visiting the Site Shop, your browsing behaviour and the domain name of the page you visit after leaving the Site Shop; and

(d) the content you review and the URLs of pages and other third-party sites you visit.

We use the information above to measure the number of visitors to different parts of the Site Shop for various purposes relating to the provision of products and services (such as our potential customer base and the effectiveness of our advertising).

13.3 Although we may publish aggregated information about usage patterns on the Site Shop (for statistical and analytical purposes), we do not disclose information about individual devices or persons except for the reasons given below in this clause. We do not sell or provide information which identifies you personally. We may gather more extensive information if we are (reasonably) concerned, for example, about security issues. If we think it is necessary and reasonable, we can disclose information to relevant law enforcement authorities, such as the Police or the Department of Internal Affairs.

Use of Cookies and Web Beacons for the Site Shop

13.4 The Site Shop places a Google Analytics cookie on the hard drive of your computer or on the mobile device you are using to access the Site Shop. A "cookie" is an analytical technology text file which allows us to track and target the interests of users, and serve advertisements based on your prior visits to the Site Shop and distinguish you from other users. We also use cookies to help us remember and process the Products and services that you purchase, analyse, understand and save your preferences for future visits and compile aggregate data about the Site Shop’s traffic and site interaction so that we can offer better site experiences and tools in the future. At your discretion, we may also store and access cookies on your machine to allow you to bypass the process of re-entering your details each time you access the Site Shop.

13.5 The information we collect, track and share with third parties through cookies is aggregated and therefore anonymous (i.e. it does not include personal information which may personally identify you). The information may be used to send advertisements to you in relation to products and services when you visit the Site Shop and/or third party websites.

13.6 The information generated by the Google Analytics cookie about your use of the Site Shop is transmitted to, and stored by, Google on Google’s servers. Google will use this information for the purpose of evaluating your use of the Site Shop, compiling reports on your website activity and internet usage. Google will not associate your IP address with any other data held by Google.

13.7 You can delete cookies from your website browser at any time and also permit third parties to place or modify cookies on your computer or mobile device on our behalf. The third parties can use these "tracking cookies" (also called "third party cookies") to see if you have visited certain pages on Site Shop or other sites, and may use them to present targeted advertisements to you as you visit other sites. These tracking cookies do not contain personal information (though they do identify the computer or mobile device you use to visit the Site Shop) and you can configure your browser to reject tracking cookies.

13.8 While we recommend that users enable cookies on their browsers in order to enjoy all the features of the Site Shop, it is entirely up to you as the user whether or not you enable them and if so, which ones you enable. (Please note that the management of cookies will be different depending on each user's PC or mobile device - refer to your browser help menu for further information). You may block cookies if you wish, by activating settings on your website browser to refuse cookies. However if you block or refuse all cookies, you may not be able to access all parts or features of the Site Shop or they may operate more slowly and/or require you to re-enter data or information previously entered. Third party vendors (including Google), show our ads on sites on the Internet and use cookies to send advertisements based on your prior visits to the Site Shop. You may opt out of Google's use of cookies by visiting the Google advertising opt-out page. Alternatively you can opt out of cookies by visiting the Network Advertising Initiative opt-out page.

13.9 Both us, our suppliers, and third-party advertisers may use web beacons in connection with the Site Shop (and their websites). Some of our Site Shop pages contain web beacons in the form of clear .gif files, which are electronic images that allow for the collection of non-personally identifiable information about your interactions on the Site Shop. Web beacons may be used to place advertisements, to understand Site Shop traffic patterns and the number of visitors to the Site Shop, and to measure the effectiveness of advertisements or email messages.

14 Applicable laws and jurisdiction

14.1 These Terms and Conditions, our Privacy Policy, and any Contract we form with you will be governed by, and construed in accordance with, the laws of New Zealand and shall be subject to the exclusive jurisdiction of the New Zealand Courts.

14.2 Except as otherwise described, all materials on the Site Shop are made available only to provide information about the Site Shop, and the Products and services to be supplied on the Site Shop. The Site Shop is controlled and operated by us, from our offices within New Zealand. We make no representation or warranty that the materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. We accept no liability whatsoever to you in respect of such matters.

14.3 If you choose to access the Site Shop from outside of New Zealand, you are solely responsible for compliance with applicable local laws and we make no warranty or representation that the information complies with any laws, rules, regulations, procedures, codes or governmental directives, outside of the jurisdiction of New Zealand. You indemnify us absolutely in respect of any liability arising for us as a result of your non-compliance with this clause.

14.4 You may not use or export the materials in the Site Shop in violation of New Zealand laws and regulations.

14.5 You acknowledge that Products licensed or sold by us are subject to the export control laws and regulations of New Zealand and you agree to comply with those laws and regulations.

15 General

15.1 If any provision of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions will remain unaffected.

15.2 Clause headings are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.

15.3 If the performance of our obligations under these terms and conditions is prevented by reason or event of "Force Majeure" (which shall include prevention caused by fire, casualty, accident, act of God, natural disaster or occurrence, any law, order, proclamation, regulation, demand or requirement of any governmental body, strikes, labour disputes, shortage of adequate labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond our reasonable control) we shall be excused from such performance to the extent of such prevention.

15.4 From time to time we may vary these Terms and Conditions without notice. Please check these Terms and Conditions periodically for changes. Your continued use of the Site Shop after such changes indicates your acceptance of those changes.

­