Terms & Conditions

Website Content and Availability
This document represents our Terms & Conditions as of 1st October 2021

In these Terms & Conditions (“T&Cs”), “We”, “Us”, “Our”, or “ergogo” means Red Fox Investments Ltd (NZBN 9429035878827) trading as ergogo unless otherwise stated.

1) Website

a) Site: This website is operated by ergogo / Red Fox Investments Limited.
b) Agreement to be bound: These membership terms and website terms of use (Terms) and our PRIVACY POLICY apply to all users of our Website, whether as a Member or as a visitor.
c) Not agree: If you do not agree to be bound by these Terms and the Privacy Policy, then you must stop browsing, accessing or using the Website.

2) Defined Words

a) In these Terms, the following words have these meanings:

“Affiliated Website” means any website (other than the Website) owned or operated by ergogo.co.nz
“Content” means any software, data, information, picture, graphics and other materials published or made available on the Website, including all third-party content and User Generated Content.
“Delivery” means providing the Products set out in a product order to you. Alternatively leaving the Products set out in a product order at the front or back door, letterbox or similar point at the address. This is supplied by you in the product order, or any particular point specified by you in the product order, or where a signature is required, at the time the goods are handed over and signature is obtained from a person at the relevant site.
“GST” means goods and services tax as set out in the Goods and Services Tax Act 1985.
“Member” means a user that has completed our registration process and created an account while they maintain that account.
“Product” means the goods and/or services being offered by us and promoted through the Website or Affiliated Website.
“Unacceptable” means anything that is defamatory, harmful, offensive, upsetting, obscene, inappropriate, false, misleading, and unsuitable for persons under the age of 18 years, in violation of any law or regulation.
“User” means any user of the Website who is not a Member.
“User-Generated Content” means any information and materials uploaded or generated by Users and/or Members (which may include you).
“We”, “us”, “our” and “Website” are a reference to ergogo.co.nz.
“Website” has the meaning given to that term in clause 1.1.
“You” and “your” are a reference to you.

3) Conduct of Users

a) In accessing and using the Website or any Affiliated Website whether as a User or a Member, you acknowledge and agree that you will not do any of the following:

(a) post or transmit any Content that is or is reasonably likely to be Unacceptable;
(b) abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the rights (such as rights of privacy and publicity) of others;
(c) post or transmit Content that infringes the intellectual property rights of any person;
(d) access an account, without authority, that is not your own or impersonate any other User or Member;
(e) manipulate or access, without authority, any part of the Website or any Affiliated Website, or post or transmit any Content that contains any virus or other destructive component;
(f) commit or encourage a criminal offence, or post or transmit any Content that is prohibited by or violates any applicable law or regulation;
(g) transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us; or
(h) any other conduct that otherwise breaches the Terms.

4) Membership specific terms

a) Members: Clauses 4 and 5 apply to your use of the Website as a MEMBER. If you are not a MEMBER, then the terms in clauses 4 and 5 do not apply to you.
b) Registering:

To become a “MEMBER” of the Website, you must complete the online registration form. This will include creating a user login and password. By completing the registration process and/or accessing the Website as a Member, you are stating that you are eligible for membership. You agree to be bound by the membership specific terms set out in clauses 4 and 5, in addition to the other terms in these Terms and the Privacy Policy, without qualification. We reserve the right to reject any application for membership.

c) Details: You confirm that any information you provide to us relating to you as a Member through the membership registration process, or subsequent to registration, is current, complete and accurate at the time you provide it. This information is not misleading or deceptive, or likely to mislead or deceive.

If your details or your business details change whilst you are either a Member, you agree to update such information in a timely manner (which can be done by logging onto the Website).

d) User id and password: You must ensure that your user id and password is kept secure and confidential and not revealed to any other person. You are entirely responsible for all activities that occur through the use of your user id and password. You must notify us immediately of any unauthorised use of your user id and password or any other breach of security.

Following any unauthorised use, you will cease using that password and create a new unrelated password. You indemnify us, our directors, officers and employees against all costs, expenses and damages incurred in connection with any claim arising from any reasonable reliance by us on any use of your password, including us disclosing information relating to your membership with us.

e) Communications: Where, on registering as a Member or subsequently, you indicate that you wish to receive email communication or mobile phone text messages from us. We may continue to communicate with you using such technology until you indicate otherwise. These communications may include information about our products and features of the Website, notices about applicable fees and charges, transactional information and other information concerning or related to the Website, Products and/or product orders.

You may opt-out of receiving:

(a) email communication at any time by using the unsubscribe link in any email; and
(b) mobile phone text messages by following the instructions set out in any text message.

f) User-Generated Content: The Website may include User-Generated Content. We will endeavour to monitor, approve and/or moderate all User-Generated Content prior to such content being published on the Website. We reserve the right to delete, edit or move any User-Generated Content uploaded and/or published which is, at our sole discretion, unacceptable. Any views expressed in any User-Generated Content do not necessarily represent our views or values. If you believe that any User-Generated Content is unacceptable, or if you would otherwise like to complain about it, you can CONTACT US HERE.

g) Warranties and acknowledgements: In relation to any content you submit to the Website as a Member, you:

(a) warrant that you are the owner of the content or are otherwise authorised or licensed to provide it to us;
(b) warrant that the content is not Unacceptable;
(c) grant us a non-exclusive, worldwide, perpetual, royalty-free licence to use and republish your content in any format, and to exercise all copyright, moral and publicity rights relating to your content;
(d) acknowledge that we may edit your content for brevity, style or clarity; and
(e) acknowledge that if we use and republish your content in accordance with clause 4.8(c) we would attribute such content to you and we would still attribute such content to you if we make minor edits to your content.

h) Termination: We reserve the right in our sole discretion to terminate your membership at any time if you violate these Terms.

5) Prices and payment

a) Prices: Prices displayed on the Website are in either New Zealand dollars or Australian dollars as determined by clicking either NZD or AUD at the top of the Website page. We may change the price of Products from time to time and where we do those prices will be displayed on the product page.
b) GST: Unless otherwise expressly stated, all prices specified on the Website are GST inclusive if the delivery address is within New Zealand. For deliveries to Australia the prices are GST exclusive.
c) Payment method: You must pay for your PRODUCTS purchased with a debit card, credit card, bank transfer or any other payment method that we make available from time to time. In doing so, you acknowledge that:

(a) additional bank charges may apply to certain transactions;
(b) you are liable for all costs associated with any default in payment for any Product order; and
(c) title to the Products will pass to you on receipt of full payment for the relevant Products.

d) On-account customers: Customers that have a credit account with us must pay the full invoice amount by the due date. If full payment of account is not made by the due date you may be liable for any costs we incur when recovering any overdue account balance including administration fees, recovery fees, and collection fees. In addition overdue account balances will be subject to interest charges at the rate of 2.5% per month.

e) Payment processing: Payments are processed by an independent third-party service provider. To allow the processing of payment and in accordance with our Privacy Policy, we provide certain personal information about you to that third-party provider.

Payment Security is managed through Windcave for mutual security.

Encryption Protection is managed with an SSL (Secure Socket Layer) certificate, industry-standard 128-bit encryption software.

6) Delivery

a) Delivery address: Delivery of Products is only available in New Zealand and Australia and only to a physical address. We will not deliver to Post Office boxes.
b) Loss or damage: We will bear the risk of loss or damage to the Products until Delivery. Risk in the Products will pass to you on delivery.
c) Non-delivery: If we accept that a Product was not delivered, or that Products delivered were spoiled or damaged when delivered, we will refund the amount paid for the affected products or we will resupply them.
d) Signature required: If you selected that a signature is required, or a Product you selected requires a signature, you are responsible for being available to sign for the delivery. If you are not available and the delivery was unsuccessful because obtaining a signature was not possible, you may be charged an additional fee for re-delivery or you will need to make arrangements with the courier company to collect the goods.
e) Exclusion of liability:

You acknowledge and agree that:

(a) Quoted delivery times are estimates only;
(b) Delivery to rural addresses may take longer than the time indicated and some delivery options may not be available; and
(c) To the extent permitted by law we will not be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the Product order or Subscription not being fulfilled or the Products not being delivered within the anticipated delivery time.

Click Here for further information regarding Shipping.

7) Products and returns

a) Returns: We want you to be satisfied with the Products you receive from us. If you are not satisfied and do wish to return any Product to us please contact us within 14 days of receiving the Product from us by following these steps:

(a) Email us at solutions@ergogo.co.nz from the email address associated with your account.
(b) Include details of the Product you wish to return and a reason for the return.

b) Further information: We may request further information from you regarding your return.
c) Product returns: If we require Products to be returned to us, we will communicate this to you. Please take reasonable care of the Products whilst in your possession prior to any return. We will inspect the returned Products on arrival.
d) Refunds: If a fault is agreed on our part and/or refund agreed, we will endeavour to refund you for the cost of the item being returned, within 5 business days.

8) Disclaimer, limitation of liability, indemnity and warranties

a) Updates: We reserve the right to update and amend any information on the Website at any time.
b) Exclusion of liability: To the maximum extent permitted by law, we will not be responsible or liable to you or any other person for any loss or damage:

(a) in relation to your access and use of the Website, including if the Website is unavailable (in whole or part) or performing slowly; or
(b) in connection with any errors, omissions or misstatements in any material on the Website.

This exclusion applies regardless of whether our responsibility or liability arises in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage).

c) Indemnity: You will take all necessary action to defend and indemnify us and our directors, officers and employees against all loss and damages suffered or incurred in connection with any claim brought by a third party against us arising from a breach by you of these Terms or the Privacy Policy.
d) Warranties: Warranties, conditions or obligations may be implied or imposed by the Consumer Guarantees Act 1993 (CGA), which cannot be excluded, restricted or modified. This clause is not intended to limit your rights under the CGA, except where Products are purchased for business purposes, or used in a business, in which case we:

(a) to the extent permitted by law, expressly contract out of all provisions of the CGA; and
(b) will not be liable to you in any event, whether in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage) for any loss of goodwill or loss of profits for an amount in excess of the amount paid by you to us for the Product.

9) Linked sites

a) Third parties: The Website may contain links to other third-party websites (Linked Sites). Linked Sites are not operated, controlled, or maintained by us and are provided for your convenience only.
b) Liability: You access Linked Sites at your own risk and to the maximum extent permitted by law we will not be:

(a) responsible for the availability, content, security, policies, or practices of any Linked Sites; or
(b) liable for any loss or damage (including direct, indirect, incidental, special or consequential loss or damage) suffered by you from accessing, using, relying on or trading with third parties; or
(c) responsible or liable for any dealings that you have with the third party.

c) No approval: Any link to a Linked Site does not constitute sponsorship, endorsement, or approval by us of the content, policies, or practices of such Linked Sites.

10) Reviews

5 days after your order has been marked as completed, you will receive an email from an independent third party, CusRev, inviting you to review your order. By submitting a review and/or rating to not just a shop you agree to the CusRev terms of conditions which can be found on the CusRev platform when you are submitting your review. Contact support@cusrev.com if you need any further information on these terms of use.

11) General

a) Suspension and termination: Without prejudice to any other rights and remedies available to us, if we consider that you have breached these Terms, we may immediately and without written notice to you, suspend or terminate your access to the Website (or any part of the Website). On suspension or termination, you must immediately cease using the Website and must not attempt to gain access to the Website.
b) Amendments: We reserve the right to change these Terms and the Privacy Policy (Amendments) at any time. Any Amendments will be posted on this page on the Website (and the “last updated” date will be updated). By continuing to access the Website and Affiliated Websites you agree to be bound by the Amendments. We recommend you regularly review these Terms and the Privacy Policy to see any updates or changes to our Terms.
c) Law: These Terms are governed by and will be construed in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand.
d) Contact: If you have any questions or concerns in relation to the Website, Affiliated Website or these Terms, please contact us by sending an email to solutions@ergogo.co.nz