All references to “Cancer FIT+”, “We”, or “Us” or “Our” or “Provider are references to or include Robyn Bayly and Julee Binns trading as Cancer FIT+, Robyn Bayly and Julee Binns as the principals and founders of Cancer FIT+, and any staff, contractors or other persons providing fitness workouts, educational content or other authorised services for or on behalf of Cancer FIT+.

Users of Cancer FIT+ are referred to below as “members”, “participants”, or “you” or “I” as the context requires.

The following sets out the terms and conditions for use of the Cancer FIT+ mobile application (App), website, Facebook page, and the use of our online live-streamed/pre-recorded fitness and educational programs of Cancer FIT+.

These terms and conditions are governed by the laws of New Zealand. If you access our services from outside of New Zealand, you agree to abide by the laws of New Zealand.

By clicking “I accept” or accessing and participating in our fitness workouts and educational content, you agree to be personally bound by these Terms and Conditions, including any changes or modifications made to these Terms and Conditions from time to time and you warrant that you are at least 18 years of age or have the permission of a parent or caregiver to participate in a Cancer FIT+ membership.

By clicking “I accept” or accessing and participating in our fitness workouts and educational content, you agree to be personally bound by these Terms and Conditions, including any changes or modifications made to these Terms and Conditions from time to time and you warrant that you are at least 18 years of age or have the permission of a parent or caregiver to participate in a Cancer FIT+ membership.

Upon accepting our terms and conditions of participation and paying the relevant subscription fee, the participant shall be given membership access to the Cancer FIT+ APP and our exclusive Facebook Community Page, “MomohoMovement”. The Cancer FIT+ APP Provides Exercise content, Nutritional support, Mindset support and Community support in our Private Facebook group.

By participating in Cancer FIT+ fitness workouts, or in discussions between us and you, or generally among Cancer FIT+ members, you expressly acknowledge and accept that:

3.1. You have a current or historical diagnosis of cancer, or are a support person of an individual who will be participating and benefiting from your subscription.

3.2. You have sought medical approval to participate in Cancer FIT+ fitness workouts. You also agree to seek further medical approval if your medical status changes.

3.3. Robyn Bayly and Julee Binns, Directors of Cancer FIT+, are qualified Physiotherapists with experience in cancer rehabilitation but will not be providing Physiotherapy services as defined by the Physiotherapy Board of New Zealand.

3.4. Robyn Bayly and Julee Binns, principals of Cancer FIT+, are not qualified personal trainers, nutritionists, psychologists or medical practitioners, and do not hold themselves or any other person delivering Cancer FIT+ fitness workouts or education to have qualifications in any of these areas. Cancer FIT+ will endeavour to utilise trained health professionals whenever possible. While some general guidance or discussion may from time to time be provided within Cancer FIT+ forums on topics touching on these areas, you accept that Robyn Bayly and Julee Binns, Cancer FIT+ employees, contractors and other members are not purporting to provide professional services or advice in any of these areas. Cancer FIT+ does not purport to endorse the comments or advice of other members, or their accuracy or completeness. Professional advice should be sought where necessary, in particular if you have special dietary needs, physical disabilities or health conditions.

3.5. The C25 fitness workouts provided by Cancer FIT+ may follow the HIIT (High Intensity Interval Training) format. You are solely responsible for ensuring you have a sufficient degree of fitness and physical capability to participate in this exercise format, and/or to seek professional advice from a medical professional if you are unsure.

3.6. Participants who are inexperienced in HIIT or who are beginning with a low level of personal fitness are encouraged and recommended to start with the Restore or Revive fitness workouts provided by Cancer FIT+, and to seek advice from a qualified personal trainer or physiotherapist with qualifications in cancer rehabilitation if unsure how to carry out any HIIT exercises correctly.

3.7. Cancer FIT+ does not provide any warranties or guarantees as to any specific result from participation in the workout sessions.

3.8. If experiencing any unusual pain or discomfort during any Cancer FIT+ workout sessions participants should cease the workout and seek advice from a medical professional or physiotherapist before continuing with Cancer FIT+ fitness workouts.

3.9. Cancer FIT+ shall not be legally responsible for, or bear any legal liability for, any harm or injury suffered by any participant as a result of their participation in Cancer FIT+ fitness workouts, and shall not accept any claim for compensation or reimbursement of medical costs associated with this.

3.10. To the extent any other legal claim is otherwise permitted by law and is established against us, our total liability in respect of all claims in connection with any services provided by Cancer FIT+ shall be limited to the total sum of any subscription fees paid by you that relate to the cause of action established.

3.11. You shall be bound by and observe the conditions and restrictions of use or sharing of Cancer FIT+ fitness workouts and associated intellectual property as set out in Clause 4.

4.1. The name “Cancer FIT+”, The “Cancer FIT+” Logo, “MomohoMovement”, “C25”, “Restore”, “Revive” and all live streamed or uploaded recordings of fitness workouts and education videos produced by Cancer FIT+ are the intellectual property of Robyn Bayly and Julee Binns trading as Cancer FIT+ and may not be used in any manner that constitutes a breach of our intellectual property rights, unless expressly permitted by Cancer FIT+.

4.2. All Cancer FIT+ live or pre-recorded fitness workouts are for your personal use. Cancer FIT+ authorises, within the meaning of personal use, sharing and participating in Cancer FIT+ workouts with other members of your immediate family or, within reasonable limits, sharing and participating in Cancer FIT+ workouts with friends who are present with you at a private residential dwelling, for the purposes of participating in a live workout session with you. Personal use does not include broadcasting or sharing the workouts or education content in any forum or online group whether public or private, unless you have the express prior written consent of Cancer FIT+.

4.3. You must not use, share, post or re-post Cancer FIT+ material in connection with, or to promote, other services or products in any other forum, whether online or otherwise, without the express written permission of Cancer FIT+.

5.1. Subscription fees are paid monthly in advance by direct debit from a bank account or credit card.

5.2. For a subscription in your name, you must make sure that the payment method you choose remains valid for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details and are obligated to complete your minimum term of payments.

5.3. You have entered into an agreement with Cancer FIT+ to make payments monthly from your subscription date. If you fail to meet your obligations and a payment declines, Cancer FIT+ will make reasonable efforts to contact you via email, phone call, text or letter to reprocess the declined payment.

5.4. If you become two weeks behind in your payment, Cancer FIT+ can suspend your membership for up to four weeks, after which we will issue a cancellation notice whereby all owing fees will have to be paid in full before the completion of cancellation. If we are unable to obtain payments owing, Cancer FIT+ will seek recovery through debt collection agencies.

5.5. While your account has been suspended pending payments owed, Cancer FIT+ will continue to debit your nominated account without notice until full payment owing has been received.

You must make sure:

-Your account can accept direct debits

-There is enough money in your account on the payment day

-You tell us if you are transferring or closing your account at least 72 hours before the next direct debit

-You tell us about any changes to your credit card, such as its expiry date or number, at least 72 hours before your next debit

If you decide to cancel your subscription, you expressly acknowledge and accept that:

7.1. You are required to give two weeks notice of the cancellation of your subscription by emailing info@cancerfit-plus.com. Access to Cancer FIT+ services will be removed at the completion of the payment period.

7.2. Participants shall not be entitled to a refund of the subscription for the month, irrespective of the reason for or timing of the cancellation unless by mutual agreement between Cancer FIT+ and the participant.

We may cancel your subscription with immediate effect, if:

7.3. You breach any part of clause 4; or

7.4. You otherwise breach the terms and conditions of membership or commit an act that brings, or could bring the reputation of Cancer FIT+ into disrepute.

7.5. In the event we cancel your membership in accordance with these terms and conditions, refunds will be at the sole discretion of Cancer FIT+.