1. COBE App

The COBE App is owned and operated by COBE Limited (“COBE”, “we”, “our”, “us”). These terms govern your use of the COBE App and related services. We may amend these terms from time to time and may update or change the content, features or functionality available through the App. The COBE App is made available for use in New Zealand only. These terms apply solely to your use of the COBE App.

2. Gym and class information

We aim to provide accurate and up-to-date information about gyms, classes, schedules and services available through the COBE App. However, information provided by partner gyms may change from time to time and errors or updates may occur. COBE does not guarantee that all information displayed within the App is always current.

If information is particularly important to you, please confirm directly with the gym before relying on it.

3. Bookings

The COBE App allows you to book classes, sessions or gym visits at participating partner gyms. Once a booking has been successfully made, you will receive confirmation within the App and your booking will appear in the Home section.

Cancelling bookings

Each partner gym may have its own cancellation policy, including restrictions such as cancellation windows (for example cancelling within 2 hours of the start time). Please check the specific policy of the gym where you have booked. Once a booking has been successfully cancelled, the App will provide a cancellation confirmation. It is recommended that you refresh the App after a few minutes to confirm any changes to your booking.

4. Availability

We cannot guarantee that the COBE App will be available at all times. The App may be unavailable due to maintenance, telecommunications issues, partner gym system outages or events outside our control. If the App is unavailable, please contact the partner gym directly or refer to the gym’s website for information.

5. Your personal App account

When you create a COBE account you must provide information that is accurate, complete and current at all times. If inaccurate or incomplete information is provided, COBE may suspend or terminate your access to the App. Your personalised App account is available only while you maintain an active COBE membership.

6. Your password

COBE does not have access to your account password. You must choose a secure password, keep it confidential and not share it with any third party. You are responsible for safeguarding your password and for all activity conducted under your account. If you believe there has been unauthorised access to your account or a breach of security, you must notify COBE immediately.

COBE may suspend or terminate accounts where security has been compromised or these terms have been breached. Upon termination of your account, your right to use the App and related services will immediately cease.

7. Intellectual Property

COBE owns or has rights to all intellectual property associated with the COBE App, including content, software, design, branding and functionality. All materials available through the App are protected by copyright and other intellectual property laws. The App is provided for personal use only. You may not copy, reproduce, distribute, modify or commercially exploit any part of the App without prior written permission from COBE.

8. Links

The COBE App may contain links to third-party websites, apps or services, including those operated by partner gyms. These links are provided for convenience only. COBE does not control and is not responsible for the content, policies or operation of third-party services.

9. Misuse of the App

You must not use any device, software or process that interferes with the operation of the COBE App. You may not attempt to access, copy, harvest or extract any data, information or content from the App through automated systems such as bots, spiders or scraping tools. You must not take any action that places an unreasonable load on COBE’s servers or infrastructure.

10. Your safety

Your health and safety are your responsibility when participating in any fitness activity booked through the COBE App. COBE does not provide fitness instruction or supervision and is not responsible for injuries or incidents that occur at partner gyms. You should consult a medical professional before beginning any exercise programme.

11. Cookies

The COBE App may use cookies and similar technologies to improve and personalise your experience. Cookies are small text files placed on your device when you access an app or website. You may disable cookies through your device settings, however some features of the App may not function properly.

12. Secure payments

COBE does not store or have access to your credit card details. All payment transactions are processed through secure third-party payment providers. Payment details are encrypted and securely handled by the payment provider in accordance with their security and privacy policies.

13. Your privacy

COBE is committed to protecting the privacy of your personal information. We comply with all applicable privacy laws in New Zealand and take reasonable steps to protect your information from misuse, loss or unauthorised access.

14. Use of your information

Your personal information will be used for the purposes of:

• managing your COBE membership
• processing payments
• enabling bookings with partner gyms
• improving the COBE platform
• communicating updates, services and promotions

Your personal information will not be sold to third parties. Information may be shared with partner gyms where required to facilitate bookings or membership services.

15. Access and correction of your information

You have the right to request access to your personal information and request corrections if necessary. To update or amend your information, please contact COBE directly. We may require proof of identity before making changes.

16. Information collection

COBE may collect information about how users interact with the App, including through analytics tools such as Google Analytics or similar technologies. This information helps us improve the functionality, performance and user experience of the App. If you are a COBE member, we may hold information provided during registration as well as records of your bookings and transactions.

17. Email communications

Your email address is used to activate your COBE account and for communication relating to your membership and bookings. You may also receive promotional emails where you have opted in to receive them. You may unsubscribe from marketing emails at any time.

18. Membership misuse

COBE memberships are intended for personal use only by the registered account holder.

You must not share your account, login details, or membership access with any other person. Any attempt to allow another individual to use your membership, including booking sessions on behalf of another person, may be treated as misuse of the service. COBE reserves the right to monitor usage patterns within the App to identify potential misuse or fraudulent activity.

If we reasonably believe that a membership is being misused, shared, or used in a manner inconsistent with these terms, COBE may take action including:

• issuing warnings
• restricting bookings
• suspending access to the App
• cancelling the membership without refund

COBE may also suspend or terminate accounts where automated booking systems, bots, or other unauthorised technologies are used to manipulate booking availability.

19. Partner gym liability

COBE provides a platform that allows users to discover and book classes or sessions with independent partner gyms. Partner gyms are separate businesses and are not owned, operated or controlled by COBE. All fitness activities, classes, training sessions and use of facilities occur under the supervision and responsibility of the partner gym providing the service.

To the fullest extent permitted by law, COBE is not responsible for:

• the operation of partner gyms
• the conduct of gym staff, trainers or instructors
• the quality or safety of gym facilities or equipment
• injuries, loss or damage that may occur while attending a partner gym

By using the COBE App to book or attend a session at a partner gym, you acknowledge that you do so at your own risk and subject to the terms and conditions of that gym. Partner gyms may require additional waivers or agreements before you participate in their services.

20. Health and fitness readiness

By using the COBE App to book or attend fitness classes, gym sessions or training activities, you acknowledge that participation in physical exercise carries inherent risks. You confirm that you are physically capable of participating in exercise activities and that you have not been advised by a medical professional to avoid such activities. You should consult a qualified health professional before beginning any new exercise programme, particularly if you have any existing medical conditions, injuries, or health concerns.

COBE does not provide medical advice, fitness instruction or supervision.

To the fullest extent permitted by law, COBE is not responsible for any injury, illness, health condition, or other physical or medical issue that may arise from participation in activities booked through the COBE App. You participate in all activities at partner gyms at your own risk.

21. Suspension or termination of accounts

COBE reserves the right to suspend, restrict, or terminate your access to the COBE App at any time if we reasonably believe that:

• you have breached these Terms of Use
• your account has been used in a fraudulent or unauthorised manner
• you have misused the booking system or interfered with the operation of the App
• your conduct towards COBE staff, partner gyms, or other users is abusive, harmful, or inappropriate

Where possible, COBE will notify you of any suspension or termination of your account. Upon termination, your right to access and use the COBE App and its services will immediately cease. Termination of your account does not affect any rights or obligations that arose before the termination.

22. Events outside our control

COBE will not be responsible for any failure or delay in providing services through the App where such failure or delay is caused by events outside our reasonable control.

This may include, but is not limited to:

• natural disasters
• pandemics or public health restrictions
• government actions or regulations
• power outages or telecommunications failures • partner gym closures
• technical failures of third-party systems

In such circumstances, COBE may suspend or limit certain services within the App until normal operations can resume.

23. Limitation of liability

To the fullest extent permitted by law, COBE and its directors, employees, contractors and affiliates will not be liable for any loss, damage, injury, or expense arising from or in connection with your use of the COBE App or participation in activities booked through the App.

This includes, but is not limited to:

• personal injury or illness sustained at a partner gym
• damage to or loss of personal property
• cancellations, changes or errors in gym schedules or bookings
• the actions or conduct of partner gyms, trainers, instructors or other members

COBE provides the App as a platform to connect users with independent partner gyms. COBE does not own, operate or control those gyms and does not supervise fitness activities carried out at those locations. To the extent permitted by law, COBE’s total liability to you for any claim relating to the App or its services will be limited to the amount of membership fees you have paid to COBE in the previous 3 months.

Nothing in these terms excludes or limits any rights you may have under the Consumer Guarantees Act 1993 or any other applicable New Zealand law that cannot be excluded.

These terms were updated on 10 March 2026.

Contact:
If you have questions about these Terms of Use, please contact:

COBE Limited
info@cobepass.com
New Zealand