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Terms & Conditions:
Wellful Nutrition Limited & Wellful.co.nz Website & Services

Ownership

 

This website, wellful.co.nz (Website) is owned and operated by Wellful Nutrition Ltd (CN 8385301) (“Wellful”, “we”, “us” or “our”).

 

Your acceptance of terms and conditions

 

Your access and use of the Website is conditional upon your acceptance and compliance with these terms and conditions (“Agreement”)).

 

Your access to and and/or continued use of the Website constitutes your agreement to this Agreement. Wellful may amend the Agreement from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Agreement as amended.

 

Disclaimer

 

Materials contained on this Website (Site Materials) may contain links to material on other websites (Linked Materials). The links provided to other websites are done for convenience purposes only and use of these other websites is at your own risk.

 

The Linked Material and other Websites are not under the control of Wellful, and Wellful is not responsible for the content available on the other websites nor of the Linked Material.

 

Therefore Wellful does not purport to sponsor, approve, recommend or endorse any of the Linked Materials.

 

Wellful is not liable to you or any other person for any loss or damage (however caused, including by negligence) arising from or in connection with the use of this Website and/or use of the Site Materials or Linked Materials. 

 

The Website, the Site Materials and Linked Materials (including any changes to the Website the materials) are provided to you on an “as is” “as available” basis without warranty of any kind either express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

Wellful makes no warranty as to the quality, accuracy, completeness or reliability of any Site Materials or Linked Materials.  You are responsible for verifying any information before relying on it. Your use of the Website, the Site Materials and the Linked Materials is at your own risk.

 

Wellful does not represent or warrant that the Site Materials or Linked Materials are free of computer viruses or other defects. Wellful recommends that virus checks should be done on any downloaded Site Materials or Linked Materials. 

 

You are responsible for taking all appropriate precautions to ensure that any Site Material content you may obtain from the Website is free of viruses or other harmful code.

To the extent permitted by law:

(a)     all warranties, representations and implied terms are excluded by Wellful; and

(b)     any liability incurred in relation to the Site Materials or Linked Materials is limited to, at the option of Wellful, the resupply of the Site Materials or the links to the Linked Materials, or the reasonable cost of having the Site Materials or the links to the Linked Materials resupplied.

 

Under no circumstances will Wellful be liable for, and Wellful disclaims liability for, any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or access of or inability to use and access the Website and the Site Materials or Linked Materials.

 

If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above. If you are using this site or its content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.

 

Your Content

 

You acknowledge and represent to Wellful that:

 

  1. you have sole responsibility for the quality, accuracy, completeness and appropriateness any data, information or material that you submit on the Website in the course of using the Service (“Content”);

  2. you own the intellectual property rights in the Content;

  3. Wellful relies on the Content in providing the Service;

  4. we may monitor and review the Content on the Website submitted or created using our Services by you.

  5. you license Wellful to use, reproduce, adapt, modify, publish or distribute the Content for Wellful’s commercial, marketing or any similar purpose;

  6. may access, copy, distribute, store, transmit, reformat, display and perform the Content solely as required for the purpose of providing the Services to you; and

  7. without limiting any of those representations or warranties, we have the right in our own sole discretion to refuse or remove any Content that violates any of Wellful’s policies or is in any way harmful or objectionable.

 

Indemnity

 

You indemnify Wellful against loss, cost, damage or expense incurred by or any claim, demand, action or proceeding bought against Wellful in relation to your use of the Website, the Linked Materials, the Services or Wellful’s use or reliance of the Customer Content.

 

Intellectual Property Rights

 

Unless otherwise stated Wellful owns, or is the authorised licensee of, the copyright and all other intellectual property rights in the Site Materials.  Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1994, or as otherwise provided below, you must not reproduce, distribute, adapt, transmit or store in a retrieval system any Site Materials without Wellful’s prior written consent. 

 

Wellful gives permission to the user to:

(a)     print copies of the Site Materials for informational, non-commercial use; and

(b)     store a copy of the Site Materials on your computer for the sole purpose of viewing the Site Materials.

 

Wellful makes no warranties or representations that the Linked Materials do not infringe the intellectual property rights of a third person.

 

Trademarks

 

Trademarks contained on this Website may be owned by third parties. All trademarks mentioned on this Website must not be used or distributed without Wellful’s prior written consent or the relevant third party owner.

 

Security of Information

 

You acknowledge that no data transmission over the Internet can be guaranteed as totally secure. Although Wellful strives to protect such information, Wellful does not warrant and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to Wellful is transmitted at your own risk. Nevertheless, once Wellful receives your transmission, we will take reasonable steps to preserve the security of such information.

 

Termination of Access

 

Wellful may terminate access to this Website at any time without notice. Wellful’s disclaimer will nevertheless survive any such termination.

 

 

 

General

 

The laws of New Zealand govern these Terms and Conditions.

 

Privacy Policy

 

By using our Website, you acknowledge that this Agreement must be read together with our privacy policy (“Privacy Policy”).

  

Payment information

 

Currency

All prices stated on the current Website are denominated and charged in New Zealand Dollars (NZD) for New Zealand residents. If currency conversion is required, your bank may charge you a fee for this. Please refer to your bank terms and conditions for more information.

 

GST

Your order will include GST.

 

How do we protect cardholder data?

 

All transactions on the website use industry best-practice encryption and security including SSL/TLS. Payments when made online are made through payment provider Stripe. By paying through Stripe, you agree to the terms and conditions of Stripe. We do not store cardholder data for longer than is necessary to process the payment through our payment gateway, and these details are never stored in our database at any time. Wellful personnel have no access at any time, under any circumstances to any card data entered into the Website in accordance with our policies. You acknowledge that Stripe is not under the control of Wellful, and Wellful is not responsible nor liable to you for any loss or damage arising in connection with the content available on the Stripe website or its services. 

  

 

Google Analytics

 

The services contained in this section enable Wellful to monitor and analyse web traffic and can be used to keep track of User behaviour. Google Analytics is a web analysis service provided by Google Inc. (“Google”) the terms and conditions of which can be accessed on this link https://marketingplatform.google.com/about/analytics/terms/us/.

 

Google utilises the data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualise and personalise the ads of its own advertising network.

 

Cliniko

 

Wellful and dietitians working alongside Wellful use Cliniko patient management software for the recording of all patient treatment notes and booking of patient appointments. On scheduling an appointment with Wellful and agreeing to this Agreement, you also consent and agree to the terms and conditions of Cliniko. You can review these here:  https://www.cliniko.com/policies/privacy/  You acknowledge that Cliniko is not under the control of Wellful, and Wellful is not responsible nor liable to you for any loss or damage arising in connection with the content available on the Cliniko website or its services. 

  

Comments, feedback, testimonials

If you provide us with comments, feedback or testimonials, whether written, verbal or otherwise, you consent to us using this information and or likeness in our marketing collateral. Please note we will not identify you by name unless you have given us permission to do so. Should you wish to revoke any information you have provided us please advise us by contacting alex@alexcameron.co.nz and we will remove reference to your remarks in any future collateral.

 

Clinic Appointments

 

We understand that sometimes it is necessary for you to change your appointment. You have the option to cancel or reschedule your booking at any time up until 24 hours prior to your consultation. If you do not cancel or reschedule your booking within 24 hours of your scheduled appointment time, 50% of the consultation fee will be charged to you to cover your dietitian’s time and administration costs for one-off appointments.

 

If you have purchased a package of consultations, then your missed appointment will count towards one of your total number of paid sessions.

 

You are responsible for recording your appointment in your diary and calculating your local time conversion. You will receive a confirmation email on booking your appointment and reminder emails in advance of the appointment.

 

If you have not received any emails from Wellful then it is your responsibility to check your junk/ spam/ promotional folders or to contact Wellful directly.

 

Please note: all consultation appointments with Wellful are booked in New Zealand time, charged in NZD and include GST.

 

Courses

 

You accept that the contents of online courses are for general informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment nor provided with any specific needs, objectives or circumstances in mind.

 

Always seek the advice of your physician or other qualified health care provider with any questions you have regarding a medical condition, and before undertaking any diet, dietary supplement, exercise, or other health program. Wellful, staff, associates, contractors and employees are not responsible for adverse effects resulting from your use or reliance on any information contained in any course/ program accessed through this Website.

 

Any decision that you make must be based solely on your own assessment of the suitability of any information for your requirements.

 

Billing and payments

 

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel plans and appointments purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

Refund policy

 

Please choose online courses carefully before completing your order, as no refunds, credits or transfers are available for online course purchases, nor enrollments, membership subscription fees for meal plans and recipes,  appointments, packages, bundles and services.

 

If you are unable to access your program then please contact us.

 

Payment plan

 

Payment must be made prior to appointments and in order to access the Wellful Website. In the event that full payment is not received prior to an appointment, the appointment will be rescheduled. If membership payments fail, access will not be granted and no refunds are available. Any part payments that have been received will be available as a credit. Credits are only valid for 12 months from date of payment and may be used towards any physical product, event or course purchases on this Website.

 

If you purchase a bundle of sessions then decide that you do not want all of the appointments, your appointments will be saved to your file to be used within 12 months of purchase. Refunds on remaining sessions will be at Wellful’s sole discretion and when granted, reimbursement will be based on the usual full price of consultations as opposed to the discounted package prices. 

 

Accounts and membership

 

You must be at least 18 years of age to use the Website and Services. By using the Website and accessing and using the Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. We do not provide refunds on membership fees. 

 

 

 

 

Accuracy of information

 

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including,  pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

 

Backups

 

We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

 

Advertisements

 

During your use of the Website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. Wellful will have no liability, obligation or responsibility to you for any such correspondence, purchase or promotion between you and any such third party.

 

Affiliate links

 

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. You acknowledge that certain Links on the Website may be “affiliate links”. This means if you click on the Link and purchase an item, Wellful will receive an affiliate commission.

You acknowledge and agree that:

  1. we are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources;

  2. we do not assume any responsibility or liability for the actions, products, services, and content of any other third parties;

  3. . you have  reviewed the legal statements and other conditions of use of any resource which you access through a Link;

  4. . your access to an use of another website through a Link is at your own risk.

 

Prohibited uses

 

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

 

Disclaimer of warranty

 

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

 

Limitation of liability

 

To the maximum extent permitted by applicable law, the aggregate liability of Wellful and its affiliates, officers, employees, agents, suppliers and licensors relating to the Services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Wellful in the immediately preceding month period prior to the first event or occurrence giving rise to such liability.

 

Dispute resolution

 

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New Zealand without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of New Zealand. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in New Zealand, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

Contacting us

 

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

 

https://www.Wellful.co.nz

alex@alexcameron.co.nz

 

 

 

 

 

 

This document was last updated February 2023

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