NUTRITION CONSULTANTS Ltd
- WEBSITE TERMS AND CONDITIONS OF USE
- NUTRITION CONSULTANTS LIMITED REGISTERED USER AGREEMENT
1. WEBSITE TERMS AND CONDITIONS OF USE
This website is published and maintained by Nutrition Consultants Limited( “we” or “our” or “us”). By accessing and browsing this website you agree to comply with the terms and conditions set out below. If you do not agree to comply with these Website Terms and Conditions of Use you must immediately leave this website.
NUTRITION CONSULTANTS WEBSITE:
- The purpose of this website is to provide:
- Information on the Nutrition Consultants services.
- A service to enable Registered Users to subscribe to the online weight loss programme (as and when it is available).
- A members only area for Registered Users to be updated with weight loss information and that allows some contribution to discussions.
INTELLECTUAL PROPERTY RIGHTS:
- You acknowledge that:
- the information displayed or available on our website is of significant commercial value to us and our licensors;
- all copyright, trade marks, database rights and other intellectual property rights in the website are owned by us or our licensors; and
- except as expressly stated in these Website Terms and Conditions of Use, and (if you are a Registered User) in the Registered User Terms and Conditions (see below), no right or licence is granted to you in relation to the information on the website or the intellectual property rights in the information on the website
- You may use the information on the website for your own personal health, weight loss and well-being purposes, provided that you do not:
- copy any of the website Information, unless you are a Registered User and are permitted to do so under the Registered User Terms and Conditions;
- deface or remove any copyright notices or trade marks in any website information downloaded or copied by you from our website;
- compile or extract website information from this website for the purpose of making such information available to others (whether as a directory or otherwise) with a view to a profit or for a fee or other consideration; or
- use any trade mark in a manner that is reasonably considered by us, or our licensors, to be a misuse or appropriation of that trade mark.
- The purpose of this website is to provide:
- damage, interfere with or harm our website, or any network or system underlying or connected to our website, in any way whatsoever;
- amend any information contained on our website, unless you are expressly permitted by us to do so; or
- reverse engineer or decompile our website or any software comprising or underlying our website.
- We may amend these Website Terms and Conditions of Use from time to time. Notice of any such amendments will be announced on this website and will be effective immediately, unless we state otherwise. You are responsible for reviewing our website regularly to obtain timely notice of any such amendments.
- Your continued use of our website shall constitute and be deemed to be your acceptance of any amendments or revisions to these Website Terms and Conditions of Use.
WARRANTIES AND LIABILITIES:
- You understand and agree that your use of our website and/or any services provided on our website or by us, is at your sole risk. Our website, the website information and the services provided by us are provided by us on an "as is" and "as available" basis. We disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of merchantability, quality and fitness for a particular purpose).
- Without limiting the above, we do not warrant or represent that our website or any services provided by us will be available at all times, secure or error-free, or that any website information is error-free or reliable.
- In no event will we, or our employees, agents, directors and other personnel, have any liability to you (whether in contract, tort including negligence, or otherwise) in relation to your use of our website or any services provided by us or any website information, whether or not such liability is direct, indirect, consequential or of a special nature, including without limitation, any liability for loss of revenue, profit, anticipated savings, goodwill or opportunity, production or loss or corruption of data as well as any physical or mental impairment.
- None of the exclusions or limitations set out in these Website Terms and Conditions of Use will have the effect of limiting or excluding any form of liability to the extent such liability cannot be so limited or excluded under applicable law.
- If you do not comply with these Website Terms and Conditions of Use we may suspend or block your access to our website and pursue any other legal actions or remedies available to us against you.
- These Website Terms and Conditions of Use will be governed by the laws of New Zealand. You agree to submit to the jurisdiction of the courts of New Zealand. You may only bring a claim or action against us in the courts of New Zealand.
In the course of operating our website and providing weight loss programmes and other services, Nutrition Consultants Ltd, (“we” or “our” or “us”) may collect, use, disclose and hold information about an identifiable individual (“Personal Information”).
“Direct Marketing Information” means marketing or promotional information about our services or products, or the services or products of other companies carefully selected by us that relate to weight-loss, health or well-being;
“Registered User” means a person who has registered as a user of our website; and
“Visitor” means a person who uses or browses our website and who is not a Registered User.
VISITING OUR WEBSITE:
- If you are a Visitor or Registered User, during your visit to our website we may collect statistical data about your visit, such as the date, time and length of your visit, the URLs or addresses of the website pages you visit, the operating system, browser, each engine and IP address used by the computer you are using to connect to the internet and the domain name from which you are accessing the internet. This information may be collected by third party software operating on our website.
- We may use and disclose such statistical data for the following purposes:
- to measure the effectiveness of any advertising on our website;
- to identify user behaviour and user trends on our website; and
- to maintain and optimise the technical performance, operation and security of our website.
- We may disclose such statistical data to others, including Registered Users, but only on an aggregated basis and in a way that ensures that no individual is able to be identified from such data.
- We will not use Personal Information collected by us or our website to send or email Direct Marketing Information to you, unless you have expressly asked us to send Direct Marketing Information to you. If you have asked us to send to you Direct Marketing Information, and you later decide that you do not want us to send you any further Direct Marketing Information, you can contact us at any time to request that we stop sending you such information.
- If you are a Registered User, during the process of entering into an agreement with us to provide programmes and services you will provide us with Personal Information, for example, your name, address, email address, phone numbers, credit card details, and information about your health and well-being. We may also collect other Personal Information about you during the course of your relationship with us.
- If you do not provide the information requested by us or our website, we may be unable to provide services or programmes to you.
- If you are a Registered User, or apply to be a Registered User, we will use, disclose and hold such Personal Information for the purposes of:
- establishing and maintaining your account with us;
- preparing custom-made weight loss or other health-related programmes for you;
- monitoring your performance under any custom-made programmes;
- providing you with newsletters, health materials and other associated services;
- contacting you about your registration, your account or the services we provide to you;
- arranging billing, payment, credit checks and verifying your identity;
- gauging customer satisfaction and providing customer services;
- providing technical support and administration;
- maintaining our records;
- addressing feedback or complaints and resolving disputes;
- providing data to Visitors and Registered Users about the performance of programme members (but without using any Personal Information in a way that would identify such members); and
- sending you Direct Marketing Information, if you have expressly asked us to:
- marketing our products globally (using non-identifiable testimonials and any other supporting comments from registered users);
- scientific research (using non-identifiable information only);
- sharing non-identifiable user inputs with other Registered Users, to provide them with ideas, tips and other strategies; and
- any other purpose specified in the Registered User Agreement accepted by you.
- We may also publish Personal Information contained in any submission to any on-line member forum on our website. You should not submit to our on-line member forums any Personal Information that you do not want published.
DISCLOSING PERSONAL INFORMATION TO THIRD PARTIES:
- We will not sell your Personal Information to direct marketers.
- We will not use your Personal Information, or disclose your Personal Information to third parties, except:
- to the extent reasonably necessary to achieve any of the purposes described in clauses 1 to 8; or
- where we reasonably believe that such use or disclosure is required or expressly permitted under any applicable law.
- We will not hold your Personal Information for longer than is reasonably required for the purposes for which we may lawfully use that Personal Information.
YOUR RIGHTS TO ACCESS AND CORRECT PERSONAL INFORMATION:
- Where we hold Personal Information about you, you have a right to access and correct that Personal Information in accordance with the Privacy Act 1993. If you want to access or correct your Personal Information, please contact us.
- We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard the Personal Information we hold from loss or unauthorised access, use, modification or disclosure. However, as the internet is an open network, we do not warrant or guarantee that your Personal Information is safe from loss or unauthorised access, use, modification or disclosure, either during transmission to or from our website, or when held by us.
WEBSITE TERMS AND CONDITIONS OF USE:
- Your use of our website is also governed by our Website Terms and Conditions of Use. By accessing and browsing our website, you also agree to comply with the terms of our Website Terms and Conditions of Use.
- If you:
- want to access or correct any Personal Information we hold about you; or
- want us to stop sending you Direct Marketing Information,
please contact us:
Nutrition Consultants Limited
580 Remuera Road
Email: [email protected]
Tel: 09 5221776
3. NUTRITION CONSULTANTS LIMITED REGISTERED USER AGREEMENT
This Registered User Agreement (“Agreement”) sets out the terms and conditions upon which Nutrition Consultants Limited (or “we” or “our” or “us”) agrees to provide you with certain weight loss and health-related programmes, services and materials.
If you accept these terms and conditions please click on “I Accept” on the registration form. If you do not accept these terms and conditions you will have no right to receive any services from us or use any of our on-line member areas.
- Using our website and via email, we provide:
- a weight-loss programme, which provides educational and motivational content, as well as a weekly monitoring system to help users achieve a more healthy weight ("Programme");
- an on-line user forums, that allow users to provide input or feedback on weight-loss issues; and
- other associated services from time to time
- The Services are only available to, and may only be used by, individuals who can form legally binding contracts under New Zealand law. The Services are not available to individuals under the age of 18.
- We may decline to register you as a user of the Services for any reason and we are not obliged to state a reason.
- To join a Programme go to http://www.nutritionconsultants.co.nz. You will be directed through the steps to join up.Ideally the programme is taken over a 6 week period.
- Once you have joined the Programme we will provide you with a series of consultations over the period of the Programme. These consultations will contain information about weight loss including visual educational and motivational content. We will custom-make our advice to you based on the food preferences, gender, age, body composition monitor information and health issue identified by you when you join up.
- We will deliver each consultation to you on an automated basis, which is driven by your submissions during the Programme. We will deliver them to you by email to the email address you notify to us and through the login area of the Nutrition Consultants website. It is your responsibility to ensure that we have your correct email address. We are not responsible if the email address you notify to us is wrong, is no longer in use or is unable to be accessed by you. We are also not responsible if your computer system blocks our emails.
- As part of each consultation you will need to take monitor readings on a weekly basis and enter the results that we will make available to you on our website. Depending on your entry, we may send to you updated information.
- You acknowledge that the success of any Programme depends upon your following our recommendations, submitting correct information to us, and remaining motivated and committed. You also acknowledge that we cannot guarantee the results of any Programme.
- We offer a secure method of payment using ‘dps’ as the payment gateway. All fees are inclusive of GST. We reserve the right to change our standard fees at any time. We may correct pricing errors at any time.
- We reserve the right to suspend or cancel a Programme if you fail to pay us any amount due by the due date, or if any payment you submit to us fails to clear. If we cancel a Programme due to non-payment we will not be obliged to provide you with a refund for any amounts already paid by you. If we suspend a Programme due to non-payment we will restart the Programme only when we are satisfied that any non-payment issue has been resolved.
- You agree that we may perform credit checks upon you, and you consent to us contacting other people to enable us to conduct such credit checks.
CANCELLATION OF PROGRAMME:
- You may cancel a Programme at any time and for any reason whatsoever. To cancel a Programme simply contact us: [email protected] We will not be able to accept any cancellation request until you have given us your name, address and email address.
- If you cancel the Programme before the starter pack and monitor pack are despatched to you, we will refund to you all fees paid for the Programme in full. If you cancel after the starter pack and monitor pack are despatched by us, and within 7 days of Registering, we will refund 25% of the fees paid by you. If you cancel after seven days of Registering we will not be obliged to refund any fees paid by you.
SUSPENSION OF PROGRAMME:
- You may suspend a Programme at any point in time
- The effect of suspending a Programme under clause 14 is that we will put the Programme "on hold" for up to 12 weeks. To suspend a programme simply contact us at: [email protected] You may restart the suspended Programme at any time during that 12 week period. If you do not restart the Programme within this 12 week period the Programme will be automatically cancelled.
- If you suspend a Programme only once there will be no charge. If you suspend more than once, then we may require you to pay an additional fee.
- If you suspend a Programme we will not have any obligation to refund or return to you any of the fees paid by you. If the Programme is cancelled because you failed to restart it within the required 12 week period we will not have any obligation to provide you with a refund of any fees paid by you.
- We provide a Members Area that registered users are invited to access once they have completed the initial programme. There is a blog area that allows registered users to submit content and information about weight loss, health issues and well-being, and discuss weight loss, health and well-being issues with other registered users.
- For any information or other content that you submit to us or upload on to our website as part of the Members Area, you expressly undertake and warrant that:
- it does not contain anything that:
- is misleading or deceptive, is likely to mislead or deceive, or otherwise breaches the Fair Trading Act 1986 (New Zealand) or any equivalent trade practices or fair trading legislation in any country;
- is or is likely to be defamatory, offensive, obscene, indecent, unlawful, illegal or objectionable;
- infringes any copyright or other intellectual property rights of any person in relation to the content of the Members Area or the software used to upload the Members Area to our website; or
- breaches any provision of any statute, regulation, by-law or other legal obligation; and
- our publication or use of any Members Area information submitted or uploaded by any person will not give rise to any liability on our part or in a claim being made against us.
- it does not contain anything that:
- We reserve the right at any time to refuse to publish, or to withdraw, any part of your Members Area Information from publication on our website for any reason whatsoever.
- You grant to us a perpetual, irrevocable, royalty-free, transferable and sub-licensable licence to:
- publish your Members Area Information on our website;
- provide your Members Area Information to users of our website.
- reproduce your Members Area Information in any print, digital or electronic advertising media we offer now or may offer in the future; and
- permit users of our website to use your Members Area Information for their own personal or internal business purposes.
USE OF CONSULTATION INFORMATION:
- As part of your consultations you will from time to time provide us with information about your weight and body composition, your health and your performance under the Programme. You grant to us a perpetual, irrevocable, royalty-free, transferable and sub-licensable licence to:
- publish your consultation information on our website;
- provide your Consultation information to, users of our website or any other person requesting information from us;
- reproduce your consultation information in any print, digital or electronic advertising media we offer now or may offer in the future; and
- permit users of our website to use your consultation information for their own personal or internal business purposes, but only in a way that ensures that you are unable to be identified from such information.
- You agree to at all times indemnify us and our directors, employees, agents and other personnel against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our directors, employees, agents and other personnel arising out of or in connection with your Members Area information or your breach of this Agreement.
INTELLECTUAL PROPERTY RIGHTS:
- You acknowledge and agree that all intellectual property rights in our website, in the Consultations and video sessions of the Nutrition Consultants Programme, are owned by us. You may print copies of any materials we provide to you for your own personal health and weight-loss purposes, but you may not otherwise in any form or by any means adapt, reproduce, store, perform, publish or create any derivative works from any part of our Nutrition Consultants programme or website, or commercialise or on-sell any information obtained from us or our website.
ERRORS AND COMPLAINTS:
- All Services are provided by us in good faith.
- Please contact us at [email protected] if you have any concerns or complaints about the Nutrition Consultants Programme, or any other Services. We will use all reasonable endeavours to deal with genuine complaints in a timely manner and in good faith.
- We will only investigate complaints during our normal business hours.
- You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time to enable us to provide the Services.
- You agree not to:
- impersonate another person, business, association or other entity;
- use a false name or a name you are not authorised to use;
- create a false identity or provide a false address or email address; or
- be misleading as to the identity or origin of any communications.
- You are responsible for keeping your login information, including your log-in ID and password, secret and secure. You agree not to permit any other person to use your log-in information or to access your subscription to the Programme and not to disclose (directly or indirectly) any information that may allow a third person to gain access to your subscription.
- You acknowledge that you have read our Website Terms and Conditions of Use and agree to comply with its terms, as amended by us from time to time.
- We may amend this Agreement from time to time. Notice of any such amendments will be announced on our website and will be effective immediately, unless we state otherwise. You are responsible for reviewing our website regularly to obtain timely notice of any such amendments.
- Your continued use of the Services will constitute your acceptance of any changes or revisions to this Agreement.
DISCLAIMERS AND LIABILITY:
- The Nutrition Consultants advice is based on evidence based information. However, you acknowledge that medical and scientific knowledge of weight loss and health issues is always changing and that, for this reason, we cannot be held responsible for the results of any Programme. In particular:
- we give no warranty or representation, express or implied, that the Nutrition Consultants advice is or will continue to be medically sound or that it will have positive results;
- we do not offer medical advice. If you want medical advice on the Nutrition Consultants recommendations you should consult your doctor;
- you acknowledge that you should not undertake the Nutrition Consultants advice without seeking medical advice if you have a heart condition, if you are pregnant, have an eating disorder or suffer from any severe kidney condition or any other debilitating diseases or illness. If you are in doubt, talk to your doctor; and
- you acknowledge that we will not be responsible for any consequences or adverse results arising from your following the Nutrition Consultants advice, and that you use the Nutrition Consultants advice and any other Services we offer at your own risk.
- You agree that we will not be responsible to you for any matter arising as a result of your providing us with incorrect, inaccurate or out of date information.
- The disclaimers and exclusions specified in our Website Terms and Conditions of Use apply to the Nutrition Consultants recommendations and any Services provided by us to you. If, despite such disclaimers and exclusions, we are found to have any liability under this Agreement, the maximum amount of our liability arising out of any and all claims under this Agreement or relating to all Programmes or the Services, will not in any circumstances exceed the actual fees paid by you in the 12 month period prior to the date any such liability first arose.
- If you breach any terms of this Agreement or the Website Terms and Conditions of Use, we may:
- cancel your Nutrition Consultants recommendations;
- cancel your registration to our website and terminate this Agreement; and/or
- pursue any legal actions or remedies available to us against you.
- Our failure or delay in the exercise of any right or remedy we may have under this Agreement will not be construed or operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.
- If any part of this Agreement is held to be invalid, unenforceable or illegal for any reason, this Agreement will remain otherwise in full force and effect apart from such provisions, which will be deemed deleted.
- This Agreement will be governed by the laws of New Zealand. You agree to submit to the jurisdiction of the courts of New Zealand. You may only bring a claim or action against us in the courts of New Zealand.