... Terms and Conditions | Northern Arena, Silverdale

T's and C's

Our Terms and Conditions

Swim School Term's and Condition's

Set out below are the terms and conditions, including your rights and obligations, of you and as parent or guardian with Northern Arena. Please read them carefully and complete the form.

1.0 Swim School Participation and Responsibility

 

1.1 Club Rules:

You and the child/ children in your care agree to be bound by our House Rules.

 

1.2 Bookings: 

Swim School perpetual bookings will be a minimum period of 8 weeks.

 

1.3 Changes:

You accept conditions including our opening and closing hours, services and facilities, and fees may change from time to time. If that happens, we will try and inform you in advance.

 

1.4 Difference in terms and conditions:

If this Agreement differs from anything you are told at the Club or over the phone, this Agreement will apply unless you receive written confirmation from us.

 

1.5 You or child/ children in your care participation:

Your payment allows you or child/ children in your care to participate in Swim School Lessons according to this Agreement between you and Northern Arena and our Club Rules. If you or child/ children in your care breach any term of this Agreement or break our Club Rules, your lessons may be cancelled.

 

1.6 Take care of your Swim School card:

We will give every participant in Swim School lessons a card or band when they register. If they arrive without their Swim School card or band, we may refuse entry.

You cannot lend Swim School card or band to anyone else or allow anyone else to use it. The Swim School card or band is our property and you must return it to Northern Arena at the end or your registered Term or if your agreement is cancelled.

If you lose your Swim School card or band, we will replace it and will charge you a fee for the replacement Swim School card or band.

 

1.7 Swimming Caps:

In order to maintain excellent standards in cleanliness for the health of you or the child in your care, swimming caps are compulsory whilst using any of the Northern Arena pools. Babies are the only exception to this rule.

 

1.8 Changes to your situation:

You must tell us about anything that affects you or the child/ children in your care which will effect their participation, such as health, and any changes to your contact details such as postal address, email address, phone numbers, and nominated bank account details.

 

1.9 Your promise to us:

When you sign this Agreement and for the duration of your agreement, you promise:

a. that you or the participant(s) are in good physical condition;

b. that you know of no medical or other reason why you or the participant(s) cannot take part;

c. that participating in the Swim School will not damage you or the participant(s) health, safety, comfort or physical condition; and,

d. that you or the participant(s) will use your best efforts to participate in a way that ensures not only your/ their safely but also the safety of others.

 

1.10 Use pool area (and other wet areas) with care:

The pool area is only supervised during structured swim squads. We accept no responsibility for children outside scheduled lesson times. No children who are undertaking swim lessons are to remain in the pool area after lessons.

No jumping, running, or diving is allowed in the pool area and children must be supervised by you at all times.

You must follow all rules, signs and directions from Northern Arena staff members for your own safety in the pool area and in wet areas generally.

 

1.11 Take care of your health:

You agree that you or the child/ children in your care will not use our facilities if suffering from:

a. an infection of any sort or kind, or

b. an illness of any sort or kind, which may be contagious and put other members at risk; or

c. a physical complaint, such as (by way of example only) an open cut or other similar wound, or

d.where there is any other risk, however small, to other members.

 

1.12 Take care of Club equipment:

You and the child/ children in your care must use our facilities and equipment correctly according to their proper use. If you or the child/ children in your care are unsure of how to operate any item of equipment, please speak to a Northern Arena representative before you use it.

 

1.13 Damage to Club facilities:

You are responsible for any damage to club facilities caused by you or child/ children in your care through a deliberate act or by not acting, or negligence.

 

1.14 Take care of your personal property:

You are responsible for any personal property (including by way of example only any vehicle or any personal property inside any vehicle) that you bring onto Club premises. Any personal property that you or child/ children in your care bring with you is at your own risk.

 

1.15 Refusing entry:

If you or child/ children in your care break our Club Rules or act in any way that is inconsistent with this Agreement including by way of example ignoring any sign or handout, we may refuse you entry.

 

1.16 Cancellation after notice:

If you or child/ children breach this Agreement or break our Club Rules or act in a way that we consider to be unreasonable, we may give you notice by warning you that you risk having Swim School participation cancelled. If you or child/ children in your care continue to behave in the same way, we may cancel Swim School participation.

 

1.17 Instant cancellation:

We have the right to cancel any registered Swim School member immediately if you or child/ children in your care behave in a way that we consider is inappropriate or carries a serious risk of injury or damage to other members, or club facilities such as by way of example only:

a. threatening or harassing other members;

b. damaging our equipment or facilities;

c. using illegal substances; or

d. soliciting or operating a business on Club premises without our consent.

 

1.17 Termination of this agreement by you:

We require written notice for termination of your next payment due on the 22nd of the month before the 10th of that month. Otherwise payment for the following month is required.

 

2.0 Our Responsibilities

 

2.1 We promise to you:

When you sign this Agreement and for the duration, we promise to provide our services with all due competence, skill and care.

 

2.2 No claim against us:

Where we have met our promise to you no claim may be made against us:

a. If you do not honour your promise set out in clause 6.4.

b. For any loss or damage of any kind whatsoever to your personal property which you bring into the Club at your own risk despite the terms of this Agreement.

d. For any loss or damage of any kind whatsoever to you or your child’s/ children or your personal property which has been caused by events that are beyond our control and that could not have been foreseen or prevented even if we had used all due competence, skill and care.

 

2.3 Risk of injuries and release of liability:

We warn you that, while on our premises, you and your child/ children may be exposed to certain risks. 

By entering into this Agreement and on every occasion you and your child/ children use our facilities and participate in Swim School Lessons you acknowledge and accept our warning of risk of injuries set out above and that you or child/ children in your care is subject to the risk of injury and release us from all liability.

 

2.4 Negative changes:

You can cancel your Swim School Lessons at any time if we:

a. change or add to our Swim School Terms and Conditions or the Club Rules and we accept that those changes or additions affect you in a negative way; or

b. change the club services and facilities and we accept that those changes affect you in a negative way, or we may ask you to provide us with proof that you have been negatively affected by any changes that we make.

 

2.5 Breach of Agreement:

You can also cancel your Swim School Lessons if we breach this Agreement and we do not fix the breach in a reasonable time after you have told us about it in writing

 

3.0 Lesson Makeup’s

 

3.1 Makeup:

Northern Arena offers 1 makeup session per participant per Swim School Term, free of charge, for unforeseeable reasons such as illness or injury.  

3.2 Conditions:

Makeup lesson must occur within the same Swim School Term and can be booked 2 days in advance, subject to availability.

 

4.0 Lesson Suspension

 

4.1 Lesson Suspension:

Swim School Lessons can be suspended for a minimum of 2 consecutive weeks to a maximum of 4 consecutive weeks. You or the child/ children in your care will retain the place in the class upon return. 

 

4.2 Suspension Fee:

A suspension fee applies, per lesson per student.

 

5.0 Lesson Termination

 

5.1 Lesson Termination:

This agreement will continue unless terminated by you or us.

 

6.0 Payment

 

6.1 Payment of fees:

The payment of fees depends on whether you have chosen to pay by making regular monthly payments by direct debit, or in one lump sum.

a. Monthly payment option: You pay fees for the monthly payment option in advance each month by direct debit from a nominated bank account or credit card.

If you choose to pay by credit card, we pass on any fees charged for the transaction by your credit card provider by deducting them from your credit card at the same time as your regular payment.

If you choose the monthly payment option, your fee will be debited on 22nd of each month. This may take up to 5 days to process.

The fee will vary depending on how many lessons have fallen in the calendar month. (Typical 4 or 5).

By completing and signing the Direct Debit form you agreed to all terms and conditions set out on the reverse of the form. We recommend that you take the time to read and understand these terms.

b. Lump sum payment option: Instead of the monthly payment option, you can pay upfront in one lump sum for a Full Term specified by Northern Arena and agreed by you, either by cash, cheque, Eftpos or credit card.

The Term Fee is based on the total number of lessons that fall within the Term as specified by Northern Arena and agreed by you. 

Terms dates are based on typical School Term times and agreed at time of registration by you and Northern Arena. 

When your payment is due to be renewed for a new Term you agree to the current Terms and Conditions applicable at that time. 

If you pay this option then you must pay for the new term at the end of the current term or you will lose your lesson time and space.

 

6.2 Late payments:

If you do not fully pay your fees on the due date, we will Suspend you or child/ children under your care participation: Suspend you or child/ children under your care attendance with us until your payments are up to date. We may need to pass on bank fees and recovery costs associated with your late payment and you authorize us to do this.

 

6.3 Debiting fees from your nominated account:

We will debit your monthly payments (if using the monthly payment option) from your nominated account on a payment day of 22nd of each month as agreed between us. 

If a payment day is a not a Working Day, we will debit your account on the next working day. Depending on your bank, payments may take up to 5 Working Days to be processed. Please ensure you have allowed for this possibility by making sure there is enough money in your nominated account for up to 5 Working Days following your payment day.

 

6.4 Your payment responsibilities:

You are responsible for:

a. making sure that your nominated account is set up to accept our direct debit;

b. making sure there is enough money in your nominated account on the payment day and up to 5 Working Days following your payment day;

c. letting us know if you decide to change your bank and/or nominated account prior to any change being made and; 

d. letting us know if you decide to change your credit card or your credit card provider prior to any change being made. `

 

6.5 Disallowed payments:

If your bank or credit card provider does not allow a payment, such as where your account does not have enough money in it or you are over your credit limit, we will require you to pay on site by cash, cheque, Eftpos or credit card.

If you do not pay us, we will debit the payment to your nominated account or credit card again, with any fees you owe, on or before the next payment day. We will also charge you any transaction and administration fees that we may incur as a result of your nonpayment.

 

6.6 Cancelling without further payment:

You can cancel Swim School Lessons if:

a. The participant become sick or is incapacitated. 
b. The participant relocates to an area more than 50 kilometres away from Northern Arena. 
c. You are judged bankrupt by a New Zealand Court. Prior to cancelling we will require appropriate evidence that you have been declared bankrupt.


Otherwise a standard rate of 3 week’s notice will be charged.

 

6.7 Changes to Swim School fees:

We may increase your fees at any time. We will make a reasonable effort to notify you about any fee increases 1 month prior to date that our fees will increase from.


Where we have made a reasonable effort to let you know about a fee increase, you authorize us to increase any debits from your nominated account or credit card in line with this increase.

 

6.8 Swim School fees include GST:

Our membership fees include goods and services tax (GST). Any increase in GST will increase your Swim School fees.

 

7.0 Your Privacy

 

7.1 Storage and use of your personal information:

On Swim School registration and during the Term agreed you will provide us with and we will hold on file your personal information. We will only use, deal with or disclose your personal information in a way that is consistent with our privacy policy.

 

7.2 Privacy policy available:

You can obtain a copy of our full privacy policy here:

a. or by sending your request by email to: info@www.northernarena.co.nz

b. or by sending your request by post to:
The Manager 
Northern Arena 
8 Polarity Rise 
Silverdale

 

7.3 Filming and photography in Club:

Sometimes we may film or photograph the Club when it is in use for promotional and marketing purposes of our business. You may appear in the background of any promotional or marketing material. By signing this agreement you agree to allow us to use you or the child/ children in your care image.

 

8.0 Your Acknowledgement and Acceptance

When joining the Learn to Swim School you must accept:
You have been given the opportunity and have read and understood Northern Arena’s Swim School Terms and Conditions set out above, and you agree to be bound by them.

 
 

Website Usage Term's and Condition's

Please read the following general terms and conditions and conditions of website usage (“Terms and Conditions”) carefully because your use of the Northern Arena website (the “Website”) is subject to them. The Website is owned by Northern Arena Limited (New Zealand).  These Terms and Conditions may be amended without notice to you from time to time as our Website changes or new functionality or products are added.  You may click on the current version of these Terms and Conditions from the homepage of this Website at any time.

 

In these terms, “you” refers to the person accessing or using the Website, and “your” has a related meaning.  “We” or “Northern Arena” refers to Northern Arena Limited, and “our” or “us” have corresponding meanings.

 

The Website

The Website provides you with general information about the Northern Arena facility and offers you the opportunity to purchase Speedo and other merchandise products on line.  Please refer to our additional Online Shop Terms and Conditions for the terms that apply to your purchase of merchandise through the Website.

 

Privacy

We treat your privacy very seriously. No personal information held by Northern Arena will be passed onto any other third party, unless specified on this Website, or required or permitted by law. Northern Arena collects electronic data information through various marketing exercises and promotions, if you ever feel that your data has been collected erroneously, please contact info@www.northernarena.co.nz//. All electronic marketing includes an unsubscribe button.  Please refer to our Privacy Policy for further information.

 

Use of the Website

You agree that you will only use our Website in a way which is consistent with our Terms and Conditions and which complies with applicable laws and regulations. In particular you agree that will not use our Website to upload or send any material which contains software viruses or other codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt our Website.

You acknowledge and agree that our Website and any goods that you obtain from our Website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.

 

Purchasing Goods

Please see our Online Shop Terms and Conditions to read our detailed instructions and terms and conditions for purchasing products from this Website. The Online Shop Terms and Conditions also address any questions you might have about delivery of your products, your right to cancel orders or return faulty products to us and our quality assurance.

 

Downloading and Copying

All copyright and other intellectual property rights in the Website are owned by or licensed to us, unless the content is identified as being the property of a third party, or is content included in a third party linked website (“Third Party Link”).  You may download the materials on this Website to a single personal computer and print a hard copy of the materials on this Website in order to help you decide whether to place an order with us providing you do not delete, change or modify in any way any copyright notices on the materials you download from this Website. Except for this limited licence, you may not copy, reproduce, re-publish, upload, post, transmit or distribute any material on this Website (or part of such material) in any way or in any form (whether electronic, hard copy or otherwise), unless you obtain our prior written consent. Doing so would constitute an infringement of Northern Arena’s and/or third party copyright and other intellectual property rights.

 

Third Party Links

All links are provided for your convenience only. Access to sites that are owned by third parties is at your own risk and Northern Arena has no responsibility or liability for these third-party sites.  By including a Third Party Link, we are not implying: (a) our endorsement of the Third Party Link (or its content); or (b) that we have any relationship with the owner of the Third Party Link.  If we ask you to remove a link to this Website from your website, you must remove the link immediately.

 

Disclaimer and liability

We have used commercially reasonable efforts to prepare the Website, but we do not give any warranties or representations of any kind, including without limitation any warranties as to the accuracy, reliability, completeness or fitness for purpose of the information included on the

 

Website or any Third Party Links.

To the maximum extent permitted by law, we exclude all responsibility and liability in connection with the Website, and your use of or reliance on the Website (including any Third Party Links or your purchase of products through the Website).  We will not be responsible for errors, omissions or misstatements or be liable for any loss or damage however caused.

 

Availability

Northern Arena will use reasonable endeavours to ensure that this Website is fully operational at all times. However we do not warrant that the Website will be fault free. In particular access to this Website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.

Northern Arena reserves its right to restrict, suspend or terminate your use of this Website or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions or the Online Shop Terms and Conditions.

 

Alterations

We may amend this Website and our services at any time with or without notice to you.

 

Complaints and Comments

If you have any complaints or comments about our Website or any of the products supplied to you, please contact Northern Arena at info@www.northernarena.co.nz// or through the contact form on the contact us page

 

Miscellaneous

The Terms and Conditions together with our Online Shop Terms and Conditions and Privacy Policy contain the full and complete understanding between Northern Arena and you. No advice or information, whether oral or written, obtained by you through or from the Website or from any conversations with our staff will operate to vary these Terms and Conditions or the Online Shop Terms and Conditions.

 

New Zealand Law

The Terms and Conditions and the Online Shop Terms and Conditions and all contracts concluded under them are governed by and shall be construed in accordance with the laws of New Zealand whose courts shall be courts of exclusive competent jurisdiction.

Online Shop Term's and Condition's

Your use of the Northern Arena website (the “Website”) is governed by the Terms and Conditions of Website Usage and the [Speedo Shop Terms and Conditions] set out below.  By using the Website, and purchasing any products from the Website, you will be deemed to agree to the Terms and Conditions of Website Usage as well as the [Speedo Shop Terms and Conditions] set out below.  Please read the [Speedo Shop Terms and Conditions] carefully before placing your order as these terms will govern your purchase.  Any personal information you provide us will be treated in accordance with our Privacy Policy.

In these [Online Shop Terms and Conditions], “Northern Arena” and “we” refer to Northern Arena Limited, its related companies, successors and assigns, and “our” and “us” have corresponding meanings.  “You” refers to the person accessing or using the Website, and “your” has a corresponding meaning.

 

Northern Arena is located at Northern Arena, Auckland. (Address found in contact us section) and we specialise in learning to swim, health and fitness and supplying Speedo swim-wear and accessories and are committed to making on-line retail an enjoyable and simple experience.

 

Placing an Order

Ordering online is easy. You simply place the items you require in your shopping basket by clicking on the Buy button whenever you see an item you would like to buy. Adding an item to your basket does not commit you to buy as you can always remove it later. You can review the contents of your basket at any time by clicking the Your Shopping Cart link. Once you have found all the items you need, go to the checkout and pay for your purchases. Following the simple instructions given there when you have completed the check out details you will be shown a Final Order Summary.

Once this information has been entered you will be transferred to (DPS) the secure payment gateway, where you will then need to enter your payment details including credit card details and your full billing address.

Please note that any goods purchased on the Website must be for personal use only and must not under any circumstances be purchased for commercial purposes or distributed commercially.

 

Acceptance of Orders

All orders are subject to acceptance by Northern Arena. We will notify you of our acceptance of your order by e-mail shortly after we receive it. At this point a binding agreement will be created between us in accordance with this Customer Service Agreement. If the product you want is out of stock or the price of the product has increased between the time of the order and our acceptance of it, we will e-mail you to advise you of the change in price or when more stock is due. You will then need to confirm to us whether you wish to proceed with your order.

 

Clerical Errors

Northern Arena uses all reasonable endeavours to ensure that all information on the Website is accurate. In the unlikely event that an incorrect price is displayed in relation to any product on this site due to a clerical, typographical or pricing error, Northern Arena shall have the right to refuse to accept any order or cancel any contract to supply such product whether or not the order has been confirmed and the credit card has been charged. If a credit card has already been charged for the purchase and the order is cancelled for this reason Northern Arena shall issue a credit to your credit card in the amount of the incorrect price within 5 working days.

 

Listing and Descriptions

Northern Arena makes every effort to ensure that the product descriptions and photographs provided on the Website are accurate. Whilst the reproduction of colours and styles contained on the photographs shown on the Website are as accurate as image and photographic processing will allow, Northern Arena does not accept responsibility for slight variances in colour or style.

 

Pricing and payment

All pricing shown is in New Zealand Dollars. GST (Goods and Services Tax) at 15% is included within the price. [Customers outside of New Zealand are required to pay by credit card in New Zealand Dollars. We do not accept any other currency. Your credit card issuer may apply charges for currency conversion. Northern Arena will not cover the cost of these charges or accept responsibility for any currency conversion charges.]

 

We accept Visa and MasterCard. Please note, your card payment is processed by DPS (see details on DPS in the paragraphs below). Goods will only be dispatched once full payment has been received and funds have been cleared – this may take up to four days, however typically two days with Visa and MasterCard.

 

Northern Arena is proud to be associated with DPS, New Zealand’s largest and most preferred payment gateway provider.  Northern Arena does not collect or store any credit card information.  This information is all processed by DPS.  When making a purchase you will be directed to a secure webpage hosted by DPS to enter your payment details.  The DPS hosted payments page is secured using SSL.
SSL (Secure Sockets Layer) is a method of ensuring that information submitted through your Web site is secure and cannot be accessed by unauthorized users. When a site offers an SSL-secured form, the information submitted via that form (typically credit card information) is encrypted using a special certificate key and then decrypted with another key after it has been transmitted. When users access a site secured with SSL using their browser, a symbol displays in their browser windows indicating that the site is secure. For more information please read the privacy policy for DPS

 

Delivery

Northern Arena will deliver to New Zealand addresses only.  Northern Arena endeavours to despatch all orders within 5 working days. All goods are delivered by Post Haste.  Delivery to all other countries outside of New Zealand is currently not available. Northern Arena cannot be held responsible for delays that may occur during transit. Northern Arena accepts no liability for undelivered goods sent via Post Haste, a refund will not be processed if the mail is lost, undelivered or stolen.

 

Postage Costs

These are calculated using your delivery address, weight and size of the item. Follow the instructions on the website to see your total packaging & carriage costs.

 

[All international packages are sent international economy courier with New Zealand Post at a minimum charge for a package of weight at 1kg.  For parcels above 1kg, the rate will vary.  Northern Arena will inform you of these costs prior to dispatch.  Go to www.posthaste.co.nz for exact rates. Any charges or customs’ entry fees charged on entry to the delivery address entered on your order are your sole responsibility.]

 

[Northern Arena is not responsible for any taxes and/or duty at point of entry. Northern Arena will not guarantee the delivery or refund of any non-deliveries due to Customs not accepting the parcel.]  All packages [(within New Zealand and international)] are delivered door to door and require a signature upon delivery.  Track and Trace is standard for all packages.  All packages are targeted for delivery between 2 – 6 working days.

 

Returns Policy – Your Right to Return and Exchange Goods

If you are not 100% satisfied with the items you have ordered, please email us at shop@northernarena.co.nz and let us know the reasons for your dissatisfaction. If you return your order to us in accordance with our Return Conditions below, we will be happy to offer a full refund or exchange the goods for another item.

 

Please note the following conditions apply to all returns “Return Conditions”:

  • Items must be returned to us within ten days of the date on which you received the item.

  • We will not refund your return delivery costs.

  • We will only accept goods returned with prior notification through correspondence with our sales department at shop@northernarena.co.nz/

  • We will not accept any goods that have been worn, used, have their labels removed, resized, engraved, altered or damaged. Please note that health regulations stipulate that swimwear that is soiled, damaged, worn or laundered is considered to be in other than “As New” condition and cannot be returned. Please remember that the regulations require swimsuits to be tried on over undergarments.

  • We can only accept items returned if they are within their original packaging.

  • The original invoice must accompany the returned item.

  • We will not accept returns from countries outside New Zealand.

  • All returned goods must be sent to Northern Arena at the following address: Northern Arena, PO Box 541 Silverdale, 8 Polarity Rise, Silverdale 0932, Auckland, New Zealand.

  • There is no return or exchange for sale items

 

Northern Arena guarantees all products purchased from our online store to be free from defects. We will gladly replace defective items or issue a credit for any defective items you wish to return.   Manufacturing defects do not include normal fair wear and tear and any damage caused by accidental or non-accidental damage.  Notwithstanding the bullet points set out above, if your product has a manufacturing defect, we will refund your postage costs, and accept the return, even if it is a sale item.  Depending on the nature of the defect, we may also waive our requirement that the good be returned within 10 days.

 

We strongly advise you to check goods thoroughly upon delivery before removing any attached tags.

 

Northern Arena reserves the right to turn down a return at our discretion if the above Return Conditions are not met.

 

Exchange Policy

In the event of an exchange, items are subject to product availability. You will be responsible for any delivery costs for returning items to be exchanged. We can only exchange an item for a different style and colour subject to our stock availability. All exchange enquiries can be made by contacting shop@northernarena.co.nz/ with EXCHANGE in your subject heading. Exchanged items can only be dispatched after the returned goods have been received in accordance with our Returns Conditions and undergone a quality control check back at head office.  Please be aware that you may incur an additional delivery charge for the delivery of the replacement item.

 

Receiving a Refund

Once your package has been returned to us within the above stated time frame, unless otherwise authorized by the directors at Northern Arena, we will begin to process your refund request. Each item will undergo a quality control check and once verified your refund for all items that satisfy our Return Conditions will be credited to the original purchaser’s credit card including GST, excluding courier charges.  You will be notified via email to the address listed on your account when the transaction has taken place.  Please note that your bank institution may require additional days to process and post the transaction to your account once they have received the information from Northern Arena.

Please note: if we receive your return in a condition which we feel is not fit for exchange or refund we shall get in touch with you to discuss next steps.  Northern Arena reserves the right to refuse a return or exchange for any item sent back in a condition that does not satisfy our Return Conditions.  Only items which Northern Arena can confirm satisfy our Return Conditions will be eligible for a return or exchange, so that they have reached our returns department within the time frame outlined above (unless otherwise arranged with and agreed to by Northern Arena.

 

Gift Returns

If someone has sent you a special gift from Northern Arena but it wasn’t quite right, then provided that you comply with our Return Conditions, you can return it in exchange for a credit note which you can use to redeem on our Website. A Northern Arena credit note will allow you to select a replacement item / items from our Website for a period of one month. When you wish to redeem your credit note, please get in touch with our head office to organize an online purchase with your credit note.

 

Manufacturer’s warranties

If a product you have bought comes with a manufacturer’s warranty or guarantee, and the quality is questionable, and/or becomes deteriorated before the warranty runs out please contact Northern Arena through our contact us page, as we will ensure that either your product is fixed or replaced in accordance with the manufacturer’s promises.

 

Comments and Complaints

If you have any complaints or comments about our web site or any of the products supplied to you, please contact us through the contact us section on the website.

 

New Zealand Law

Any goods supplied or sold by Northern Arena Limited, are sold or supplied under New Zealand law and users submit to the jurisdiction of the New Zealand courts.

 

Privacy Policy

Introduction

Northern Arena is committed to protecting its customers' personal information. This Privacy Policy sets out how we collect, use and protect your information when you visit our website and use any products or services which we sell and/or provide. This Privacy Policy covers the following topics:

  1. What information does Northern Arena collect?

  2. What does Northern Arena use your information for?

  3. How do we protect your information?

  4. Access to your information

  5. Do we use cookies?

  6. Do we disclose information to third parties?

  7. Third party links

  8. Online Privacy Policy Only

  9. Your Consent

  10. Changes to our Privacy Policy

  11. Contacting us

 

This policy is provided for your information and doesn't limit or exclude your rights under the Privacy Act 1993

What information do we collect?

We collect information from you when you register on our site, purchase a product or trial, subscribe to our newsletter, respond to a survey or fill out a form.

 

When purchasing or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, date of birth or credit card information.
 

Google, as a third party vendor, uses cookies to serve ads on your site. Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

What does Northern Arena use your information for?

Any of the information we collect from you may be used in one of the following ways:

  • To personalize your experience

  • Your information helps us to better respond to your individual needs.

  • To improve our website

  • We continually strive to improve our website offerings based on the information and feedback we receive from you.

  • To improve customer service

  • Your information helps us to more effectively respond to your customer service requests and support needs.

  • To process transactions

  • Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

  • To administer a contest, promotion, survey or other site feature

  • To send periodic emails

  • The email address you provide for purchase processing, may be used to send you information and updates pertaining to your purchase, in addition to receiving occasional company news, updates, related product or service information, etc. only if you have opted in to receive emails from us. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

 

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you make a purchase or enter, submit, or access your personal information.

 

We offer the use of a secure server for all supplied sensitive or credit. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

 

Access to your information

You can request to access all Personal Information or Trade Information we hold about you and ask us to correct it if it is wrong. If we believe your personal information is correct, we will attach your request to the file. To request any information we may be holding please contact us by ringing 09 421 9700 or emailing info@northernarena.co.nz Any access request which involves significant work or which we reasonably believe to be vexatious (for example, unnecessary repeated requests over a short time frame) may be subject to a reasonable fee to meet our costs in providing you with details of the information we hold about you.

 

Do we use cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and keep track of advertisements.

 

Do we disclose any information to third parties?

We do not sell, trade, or otherwise transfer to third parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, but we require those parties to agree to keep this information confidential. We may also release your information when we believe release is required to comply with the law, enforce our site policies, or protect our or others' rights, property, or safety. However, non-personally identifiable bulk visitor information may be provided to other parties for marketing, advertising, or other uses.

 

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

 

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline. We will comply with the requirements of the Privacy Act 1993 at all times.

 

Your Consent

By using our site, you consent to our web site privacy policy.

 

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

 

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.
Northern Arena, PO Box 315541 Silverdale 0944, Auckland | 09 421 9700 | info@northernarena.co.nz

 
 

Gym Membership Agreement

Set out below are the terms and conditions, including your rights and obligations, of your membership with Northern Arena. We recommend that you read them carefully. 

1. For Your Information 

 

1.1 Important document: This is an important document as it sets out our (yours and Northern Arena’s) rights and obligations with respect to your membership. We recommend that you keep it in a safe place for your future reference 

2.Restrictions on Your Membership 

 

2.1 Age restrictions: You must be at least 18 to join as a member of Northern Arena on your own without any age-related restrictions. 

 

2.2 Members 18 years and under: If you are under 18 a parent or guardian must complete your application form and any pre-joining questionnaire that we may require.  

2.3 Medical Clearance: We may require you to provide us with a medical clearance from your doctor stating that you are fit to exercise at Northern Arena as a condition of your membership. 

 

3. Your Membership 

3.1 Commencement of your membership: This Agreement between you and us starts when you have signed this Agreement and your Membership Application, and an authorised Northern Arena representative has signed also. 

 

3.2 14 Day Comfort Guarantee: Our 14 day comfort guarantee starts from the date you sign this Agreement and join (not the starting date of your membership). To cancel your membership during your 14 day comfort guarantee period, you must inform us in writing that you wish to cancel your membership. We will then cancel your Agreement and refund the unused portion of your membership fee or pro-rata fee paid during that period (if any).  We are not obliged to refund the non-refundable joining fee. 

 

3.3 Club Rules: We may set Club Rules from time to time and any such Club Rules will form part of this Agreement.  By entering into this Agreement, you agree to be bound by any Club Rules also. 

 

3.4 Changes to this Agreement and our Club Rules: This Agreement, our Club Rules, and any membership conditions including our opening and closing hours, services and facilities, and fees may change from time to time. If that happens, we will notify you in advance of such changes to the contact details advised on the front page.  Subject to clause 8.5, you will be bound by the amended terms. 

3.5 Difference in terms and conditions: If this Agreement differs from anything you are told at the Club or over the phone, this Agreement will apply unless you receive written confirmation from us. 

 

4.0 Membership Fees 

4.1Payment of membership fees: The payment of your membership fees depends on whether you have chosen to pay in one lump sum or by making regular payments. 

 

a) Regular payment option: You pay fees for the regular payment option for your Membership Term in advance each month by direct debit from a nominated bank account or credit card. 

 

If you choose to pay by credit card, we pass on any fees charged for the transaction by your credit card provider by deducting them from your credit card at the same time as your regular payment.  

If you choose the regular payment option, your membership will continue until you decide that you wish to cancel your membership after the Minimum Term or it is cancelled by us for one of the reasons set out in clause 5.0. 

b) Lump sum payment option: Instead of the regular payment option, you can pay upfront in one lump sum for your chosen Membership Term.  

 

When your membership is due to end, you can renew it by paying the current membership fees. If you renew it after the expiry date, we will also charge you a new joining fee. By renewing your membership, you agree to the current Membership Terms and Conditions applicable at that time that are available on our website www.northernarena.co.nz. 

 

4.2 Joining fee: Our joining fee is a non-refundable fee that applies when you join or renew your membership. Our current joining fee is set out in your Membership Application. 

 

4.3 Late payments: If you do not fully pay your fees on the due date, we will: 

 

a)Suspend your membership: Suspend your membership with us until your payments are up to date. We may need to pass on bank fees and recovery costs associated with your late payment and you authorise us to do this. 

 

b)Debit your account: Debit your nominated account, and you authorise us to do this, without notice, until we have received the total amount owing. We will make a reasonable effort to notify you about the direct debit but do not have to. 

4.4 Debiting fees from your nominated account: We will debit your regular membership payments (if using the regular payment membership option) from your nominated account on the 21st of each month. 

 

If a payment day is a not a Working Day, we will debit your account on the next working day. Depending on your bank, payments may take up to 5 Working Days to be processed. Please ensure you have allowed for this possibility by making sure there is enough money in your nominated account for up to 5 Working Days following your payment day. 

 

4.5 Your payment responsibilities: You are responsible for: 

 

a) making sure that your nominated account is set up to accept our direct debit; 

 

b) making sure there is enough money in your nominated account on the payment day and up to 5 Working Days following your payment day;  

 

c) letting us know if you decide to change your bank and/or nominated account prior to any change being made;  

 

d) letting us know if you decide to change your credit card or your credit card provider prior to any change being made and; 

 

e) late payments and any associated charges in accordance with clauses 4.3 and 4.6. 

4.6 Disallowed payments: If your bank or credit card provider does not allow a payment, such as where your account does not have enough money in it or you are over your credit limit, we will first ask you to pay. 

 

If you do not pay us, we will debit the payment to your nominated account or credit card again, with any other membership fees you owe, on or before the next payment day. We will also charge you any transaction and administration fees that we may incur as a result of your non-payment. 

 

4.7 Changes to your membership fees: We may increase your fees at any time after the minimum period of your Agreement has ended. We will notify you about any fee increases one month in advance of any such increase.  Notices will be sent to the contact details advised on the front page. 

 

If we do not receive notice from you under clause 8.5 by the end of the one month notice period above, you will be bound by the increased fee and e, you authorise us to increase any debits from your nominated account or credit card in line with the notified increase. 

4.8 Membership fees include GST: Our membership fees include goods and services tax (GST). Any increase in GST will increase your membership fees. 

 

4.9 Package and promotional deals: If you have signed up to a package or promotional deal, you must continue to meet the relevant criteria. If your circumstances change and you no longer meet that criteria, we will adjust your membership fees accordingly and may require you to pay a top-up or additional monthly fees. We will notify you in advance of any applicable top-up or additional monthly fees. 

 

4.10 Suspension of your membership fees 

 

a)If you join for a minimum period longer than 6 months, then during the minimum period you may suspend your membership without further cost for a maximum of 3 months during each 12 month calendar period.  A year commences on the anniversary of the date when you commenced your membership.  You are not entitled to accumulate suspension entitlements not take during a particular year. 

The minimum duration of suspension for this category of membership is one month to a maximum of 3 months at any one time. 

 

b) If you hold a 6 month DD or Lump Sum membership agreement, you may suspend your membership for either medical or travel reasons.  Your application will need to be supported by a medical certificate or flight itinerary.  The minimum duration of suspension for this category of membership is 1 month to a maximum of 2 months. 

 

Once you have exercised the option to suspend your membership payments, the duration of your suspension period will be added to the minimum term of your membership.  E.g. If you have a 12month DD membership and you suspend for 1 month, that period will be added on to the minimum term of your membership.  

 

If you hold a 3 month membership you will not be entitled to exercise the suspension options. 

 

Further extensions to the above periods will be looked at on a case by case basis. 

 

You must give us one week’s written notice of your intention to suspend your membership. 

 

5.0 Your Responsibilities to Us and Other Members 

5.1 Your membership: Your membership allows you to use the Club according to this Agreement and our Club Rules.  If you breach any term of this Agreement or break our Club Rules, your membership may be cancelled. 

5.2 Take care of your membership card: We will give you a membership card when you join. If you visit the Club without your membership card, we may refuse you entry. 

 

You cannot lend your membership card to anyone else or allow anyone else to use it. Your membership card is our property and you must return it to Northern Arena at the end or your Membership Term or if your membership is cancelled. 

 

If you lose your membership card, we will replace it and may charge you a fee for the replacement membership card. 

5.3 Changes to your situation: You must tell us about anything that affects your membership such as your health, and any changes to your contact details such as postal address, email address, phone numbers, and nominated bank account details. 

5.4 Your promise to us: When you sign this Agreement and for the duration of your membership, you promise: 

 

a) that you know of no medical or other reason why you cannot exercise;  

 

b) that exercise will not damage your health, safety, comfort or physical condition; 

 

c) that you will make sure that you know how to exercise safely and will ask a Northern Arena representative if necessary; and  

 

d) that you will use your best efforts to exercise in a way that ensures not only your safely but also the safety of other members. 

5.5 Use pool area (and other wet areas) with care: The pool area is only able to be used during the scheduled, supervised swim times. 

No jumping, running, or diving is allowed in the pool area and children must be supervised by you at all times.  

In accordance with clause 5.11, you must follow all rules, signs and directions from Northern Arena staff members for your own safety in the pool area and in wet areas generally. 

5.6 Take care of your health:  You agree that you will not use our facilities if you are suffering from: 

 

a)an infection of any sort or kind, or  

b)an illness of any sort or kind, which may be contagious and put other members at risk; or  

c) a physical complaint which may put other members at risk, such as (by way of example only) an open cut or other similar wound, or  

where there is any other risk, however small, to other members. 

d) Take care of Club equipment: You must use our facilities and equipment correctly according to their proper use. If you are unsure of how to operate any item of equipment, please speak to a Northern Arena representative before you use it. 

5.8 Damage to Club facilities: You are responsible for any damage to Club facilities caused by you through a deliberate act or failure to act, or your negligence (but excluding acts carried out/failures to act under Northern Arena’s directions). 

 

5.9 Take care of your personal property: You are responsible for any personal property (including by way of example only any vehicle or any personal property inside any vehicle) that you bring onto Club premises. Any personal property that you bring with you is at your own risk.  

5.10 Club Rules, signs and handouts: It is your responsibility to ensure that you follow our Club Rules in addition to all signs and handouts for designated areas and for the Club generally. 

 

5.11 Refusing entry: If you break our Club Rules or act in any way that is inconsistent with this Agreement including by way of example, risking the safety of others, we may refuse you entry. 

 

5.12 Cancellation after notice: If you breach this Agreement or break our Club Rules or act in a way that we consider to be unreasonable, we may give you notice by warning you that you risk having your membership cancelled, particularly if safety to other members is concerned. If you continue to behave in the same way, we may cancel your membership. 

 

5.13 Instant cancellation: We have the right to cancel your membership immediately if you behave in a way that we consider is inappropriate or carries a serious risk of injury or damage to you, other members, or club facilities such as by way of example only: 

 

a)threatening or harassing other members; 

 

b) damaging our equipment or facilities; 

 

c) using illegal substances; or 

 

d) soliciting or operating a business on Club premises without our consent. 

 

6.0 Our Responsibilities 

 

6.1 We promise to you: When our authorised representative signs this Agreement and for the duration of your membership, we promise to provide our services with all due competence, skill and care. 

 

6.2 No claim against us: Northern Arena will not be liable: 

 

a) for any loss or damage of any kind whatsoever to your personal property which you bring into the Club at your own risk despite the terms of this Agreement (excluding where such loss or damage is due to Northern Arena’s negligence). 

 

b) for any loss or damage of any kind whatsoever to you or your personal property which has been caused by a third party, such as a personal trainer, physiotherapist or another member, who is not connected with our services and facilities that we provide to you as part of this agreement. 

c) for any loss or damage of any kind whatsoever to you or your personal property which has been caused by events that are beyond our control and that could not have reasonably been foreseen or prevented. 

 

6.3 Limitation of liability:  In no event shall either party be liable to the other for any consequential or indirect losses. 

 

6.4 Risk of injuries and release of liability: We warn you that, while on our premises, you may be exposed to certain risks. 

 

By entering into this Agreement and on every occasion you use our facilities and participate in an exercise or fitness programme, or any other activity, you acknowledge and accept our warning of risk of injuries set out above and that your membership is subject to the risk of injury to you.  

7.0 Issues with Third Parties 

 

7.1 Third parties: We use third parties to provide some services in our club, such as personal training, group fitness classes and physiotherapy. We are not responsible for those services provided by third parties. 

7.2 Claims against a third party: If you are unhappy with the service you have received from a third party and wish to make a claim, your claim should be brought against the third party, not us. We will not be liable for any claim resulting from an act or omission by a third party. 

7.3 Our support: Where possible, we will help you to resolve any issue you may have with a third party at Northern Arena and should notify us first. We require that personal trainers and physiotherapists in our Club are qualified, have up-to-date training and have suitable insurance.  

 

8.0 Cancelling Your Membership 

8.1 Cancelling without further payment: You can cancel your membership during the Minimum Term if: 

 

a) You become sick or are incapacitated. Prior to cancelling your membership we will require a medical certificate from a suitably qualified medical practitioner stating that you cannot exercise for either 12 months or the remainder of your Membership Term, whichever is longer. 

 

b)You relocate to an area more than 50 kilometres away from the Club. Prior to cancelling your membership we will require a letter from your employer or invoice from one of your utility providers such as your electricity supplier.  

 

c) You are judged bankrupt by a New Zealand Court.  Prior to cancelling your membership we will require appropriate evidence that you have been declared bankrupt. 

 

8.2 Refunds: No refunds will be given for any monies paid in advance on immediate cancellations.  

 

8.3 Cancelling for other reasons during Minimum Term: If you wish to cancel for any other reason, you can do so by paying out the remainder of your contract. This is calculated by multiplying the monthly fee on your Membership Application in this Agreement by the number of months left in your Minimum Term. 

 

8.4 Cancellation at any other time: To cancel your membership when the Minimum Term ends or at any time after that, you must give us one month’s notice in writing. You must pay any fees owed to us or we may take steps to recover them.  

 

8.5 Negative changes: You can cancel your membership at any time if we: 

 

a)change or add to our Membership Terms and Conditions or the Club Rules and those changes or additions affect you in a negative way; or   

 

b) change the club services and facilities and those changes affect you in a negative way, or  

 

c) change your membership fees in a way that you in a negative way.  

 

We may ask you to provide us with proof that you have been negatively affected by any changes that we make. 

 

8.6 Breach of Agreement: You can also cancel your membership if we breach this Agreement and we do not fix the breach in a reasonable time after you have told us about it in writing 

 

8.7 Transferring your membership: You may not transfer your membership to any other person if the minimum period you have signed up for has expired. If the minimum period has not expired then you may apply in writing to us to have your membership transferred due to a change in your circumstances to another person subject to the following: 

 

a) Your application in writing to have your membership transferred must set out your reasons for transferring your membership. 

 

b) The person to whom you wish to transfer your membership to must not have been a member of Northern Arena within the 3 months prior to the date you wish to transfer your membership (the Transfer Date). 

 

c) The person to whom you wish to transfer your membership must complete and sign a Membership Application. 

 

d) Your membership fees must be up to date up to the Transfer Date. 

 

e) If your application to transfer your membership is accepted by us, you will be required to pay a transfer fee. 

 

f) Until we accept your application to transfer your membership, you will remain liable under this Agreement for all due and outstanding payments. 

 

9.0 Your Privacy 

9.1 Storage and use of your personal information: On joining and during your Membership Term, you will provide us with and we will hold on file your personal information. We will only use, deal with or disclose your personal information in a way that is consistent with our privacy policy. 

 

9.2 Privacy policy available: You can obtain a copy of our full privacy policy from: 

 

a) the web: www.northernarena.co.nz  

 

b) or by sending your request by email to: info@northernarena.co.nz 

 

c) or by sending your request by post to: 

The Club Manager 

Northern Arena 

8 Polarity Rise 

Silverdale North 

9.3 Filming and photography in Club: Sometimes we may film or photograph the Club when it is in use for promotional and marketing purposes of our business. You may appear in the background of any promotional or marketing material. By signing this contract you agree to allow us to use your image.  

 

10. Meaning of Words and Phrases 

Agreement: means the Membership Application and Membership Terms and Conditions. This is between Northern Arena and you, under which you will become a member of Northern Arena. 

 

Club: means Northern Arena, 8 Polarity Rise, Silverdale North. 

 

Club Rules: means any rules set by Northern Arena from time to time for operating equipment, use of facilities, opening hours and behaviour in the Club, specified in this Agreement, and Club signs and handouts as may be amended from time to time. Club Rules (including any amendments) are available from reception on request. 

 

Membership Term: means the membership term specified in the Membership Application. 

 

Minimum Term: means the very least amount of time you are contractually obliged as specified in your Membership Agreement. 

Northern Arena, We, Us, Our: means Northern Arena Limited together with its successors and assigns. 

 

You/Your: means the person identified in the Membership Application as you. 

 

Working Day: means a day on which registered banks are open for business other than a Saturday or Sunday in Auckland. 

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