TERMS AND CONDITIONS OF USE
These terms and conditions apply to the use of this web site (“Website”). In using this Website you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website.
In these terms and conditions the expressions “we”, “us” and “our” are a reference to Neotrition Limited, the owner of this Website.
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Any amendments will be effective immediately when notified on this Website. Your continued use of this Website following such notification will represent an agreement by you to be bound by the amended terms and conditions.
We make no warranty, representation or undertaking as to the quality of the goods and/or services being advertised or described on the Website.
Specifically, we do not warrant that any nutrition programme described on the Website, or any materials, will achieve any specific results and any examples of results achieved may not be typical. Our programmes may not be suitable for all people, and as such, you are responsible to ensure that you satisfy any suitability criteria specified in any programme, materials or as advised by us from time to time. If you are in doubt as to whether you meet such suitability criteria, we suggest obtaining the advice of you general practitioner.
We do not accept responsibility for any loss, damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of this Website or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) in relation to goods, repair or replacement of such goods, or refunding the price payable for the goods; or
(b) in relation to services, supplying of the services again or refunding the price payable for the services.
The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
The purchase of any goods and/or services will be governed by our separate terms of trade, and that where inconsistent with these terms and conditions, the terms of trade will prevail.
If you purchase goods and/or services from us for a business purpose, then you agree that the statutory guarantees and implied terms, covenants and conditions contained in the New Zealand Consumer Guarantees Act 1993 are excluded by mutual agreement and do not apply.
You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you. You agree to comply with all applicable laws when viewing this Website and dealing with us.
You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not warrant that the Website, or any linked site, is free of viruses, malicious computer code or other interference. We do not accept responsibility for interference or damage to your computer system which arises in connection with your use of this Website or any linked site. We do not warrant that the Website will be always available, free from errors, malfunctions, or other failures. The Website will be temporarily suspended from time to time for maintenance.
Us, or your chosen Consultant, may permit you to access a members only area of the Website, as part of the same domain name, or linked to from that domain name, which may include additional materials and content in relation to your (Client Website). In relation to your access to the Client Website, you agree:
(a) not to share your login credentials with any other person;
(b) not to make the Client Website or the materials contained within such Client Website available to any other person;
(c) not grant any administrator rights to any other person in relation to the Client Website; or
(d) not do, or to attempt to do, or allow anything to be attempted or done which may disable, damage, provide unauthorised access to or otherwise interfere with the proper functioning of the Website, including the Client Website.
We may exclude you from the Client Website if you are no longer authorised to have such access, you breach this Agreement, or if you become bankrupt, insolvent, or otherwise unable to pay your debts as they fall due, in our reasonable opinion.
Copyright in this Website (including text, graphics, photos, logos, icons, sound recordings or video recordings) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the New Zealand Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions or in any other written agreement between you and us, you may not in any form or by any means:
(a) copy any Website content, except for the sole purpose of viewing the Website;
(b) adapt, reproduce, store, distribute, print, modify, display, perform, publish, reverse engineer, decompile, segment or create derivative works for any part of this Website; or
(c) use any information, products or services obtained from any part of this Website for a commercial purpose;
without our prior written permission.
If you participate in a programme, your Consultant may provide physical copies of programme content contained on the Website, or otherwise made available to your Consultant. The restrictions set out in this agreement, including without limitation this Copyright section and the Trade Marks section below, apply to such programme content, with the necessary modifications by virtue of being a physical rather than electronic format. For the avoidance of doubt, and without limitation, you may not copy any of our content, or provide such content to any third person, without our prior written permission.
Except where otherwise specified, any word or device to which the ® symbol is attached is a registered trade mark, and any word or device to which the TM symbol is attached is an unregistered trade mark. You are not permitted to use any of our trade marks, trade names, logo’s, devices or by-lines without our prior written consent.
Security of information
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we will use reasonable endeavours to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that is transmitted to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will use reasonable endeavours to preserve the security of such information.
Termination of access
Access to this Website may be terminated or suspended at any time by us without notice. The terms of this agreement intended to survive termination will survive any such termination.
These terms and conditions are governed by New Zealand law and are deemed to have been made in New Zealand and except where the matter is determined by an alternative dispute resolution process is subject to the non-exclusive jurisdiction of the New Zealand Courts but on points of patent, trade mark or copyright law or procedure is to be governed by the law of the country granting the patent or trade mark registration or copyright protection.
Availability of products and services
The products and services displayed on the Website may not be available for purchase in your particular country or locality. The reference to such products and services on the Website does not imply or warrant that these products or services will be available at any time in your particular location. You should check with our authorised representatives for the availability of specific products and services in your area. Any advertised pricing may not be available to you in your location, unless expressly stated. The provision of goods and/or services outside of New Zealand may attract additional taxes and fees.
Any personal information we may collect will be used by us only to respond to your inquiry or process an order. We may also use any personal information provided by you to measure the use of our Website and to improve its content. If you provide us with your email address, we may contact you for commercial purposes by email, which may include our own, or our partners, product or service offers or information. If you wish to opt out of such emails, please notify us.
At times, cookies may be used to help us serve you better. A cookie is a tiny element of data sent by a web site to your browser, which may then be stored on your hard drive so we can recognise you when you return. You may set your browser to notify you when you receive a cookie and, if you wish, to reject it, or clear cookies by using your browsers options.
We will not release your personally identifiable data which we have gathered from your visit to our Website to anyone else unless compelled by law, with your informed consent, to fulfil an order or request you have given to us, or to protect us against unlawful activity, fraud, or any danger to public safety.
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