THE EXCEPTIONAL HEALTH COMPANY LIMITED TERMS AND CONDITIONS
1. Applicability of terms
1.1 These terms and conditions apply to the use of the website theexceptionalhealthcompany.com (including any mobile versions or applications) (“website”).
1.2 By using the website, or purchasing products or services from us, you confirm that you agree to these terms and conditions (as they may be amended from time to time with or without notice). If you do not agree to be bound by these terms and conditions, you must not use the website or purchase products or services from us.
1.3 In these terms and conditions:
“we”, “us” and “our” are references to The Exceptional Health Company Limited, and where the context requires, includes Jason Shon Bennett, our employees, agents and representatives;
“you” means the person accessing or using the website or ordering products or services from us and “your” has a corresponding meaning;
“products” means books, DVDs and any other products supplied by us from time to time;
“services” means the subscription services, education programmes, resources, information, guidance, seminars, materials and any other services offered by us from time to time.
2. Medical disclaimer
2.1 The information that we provide is general information which does not constitute medical advice. We are not medical practitioners, we do not hold medical qualifications and we are not experts in the field of physical, mental or emotional health.
2.2 The information is not tailored to individual circumstances, it is not intended to be, and should not be used as a substitute for professional healthcare and medical advice from trained health professionals. In using this website, our products or services, you must use your own judgement and common sense. You use the website, products and services at your own risk.
2.3 Because everybody is different, people will respond differently depending on their particular needs, circumstances, medical conditions, medications, family history, dietary requirements, allergies, lifestyle and other factors. All products and services should be used in conjunction with the guidance and care of your doctor and other health professionals, especially if you are taking any medication. If you have any concerns regarding your physical, mental or emotional health, you should consult your doctor.
3. Purchasing products
Please choose merchandise carefully as no refunds will be given unless items are faulty. Faulty items will be refunded to meet all the requirements under the Consumer Guarantees Act.
To order products you must fully and correctly complete an online order form and submit it to us. You are responsible for ensuring that the information that you give us is complete and accurate. Subject to availability of the products and your payment being processed, we will supply you with the products that you have ordered. A postage or delivery fee will be charged in addition to the purchase price for products. If the products are not available, or they are not available in the quantities that you require, we will advise you by contacting you at the e-mail address given by you in your online order form. If we are unable to supply the products to you, we will refund to you the amount that you have paid for the products that we are unable to supply. If the products supplied by us do not match the products that you ordered, or the products supplied to you are damaged, you must advise us of this as soon as possible after the products are delivered. If such products are returned to us (in original condition in the case of incorrectly supplied products), we will at our option (a) refund you the purchase price you paid for the products or, (b) supply you with the correct products, or (c) supply replacement products.
4. Seminar tickets
TICKET REFUNDS POLICY
Once paid, tickets are non-refundable but are transferable. Your emailed receipt is your ticket. Please print your receipt and hand in at the event registration desk when you arrive or just present it on your smart phone. Exceptional Health® reserves the right to cancel, move or postpone a seminar when necessary. Seminar dates and locations are subject to change. If this occurs, a full refund is available or tickets can be credited to a future seminar. Further detail: When you order tickets from us for any seminar or other event (“event”), we will e-mail you a receipt or an e-ticket which will constitute your ticket for entry to the venue. You will be required to produce your ticket to gain entry to the event and you need to retain your ticket until the event has finished. If an event is cancelled for any reason, we will only refund you the price paid for your ticket. If we reschedule an event for any reason, and you are unable to attend the rescheduled event, we will only refund you the price you paid for your ticket on request. We will not pay any compensation or redress as a result of a cancelled or rescheduled event, and our liability to you will not exceed the price you paid for your ticket. Refunds will be made only to the original purchaser of the ticket and will be refunded to the credit card or bank account used to purchase the ticket. Refunds will not be made for any other reason. You may transfer your ticket to another person if you are unable to attend the event. Tickets are not to be sold, traded or exchanged for consideration.
5. Subscription services
5.1 To become a subscriber to thelifeplan®, you must be 18 years of age or older (unless you are supervised by someone over 18 during the subscribed program, in which case you must be 16 years or older), fully and correctly complete the relevant application form and pay the full subscription fee for the subscription that you have selected.
5.2 Your membership for subscription services will not be validated until your payment has been processed. No refunds will be given for any unused portion of your membership. Due to the technical platform we use to deliver thelifeplan®, our monthly cycle is exactly 29 days long. Thelifeplan® costs NZ$39.95 per month, delivered over 29 days, which equals $1.38 per day.
5.3 We will provide you with a login and password once your membership has been validated. You are responsible for keeping your login and password secure and protected from unauthorised access. You must not disclose your login or password to any other party or allow any other party to use your login or password.
5.4 You are solely responsible for all activities undertaken under your login and password and for ensuring that all use of your membership account fully complies with these terms and conditions. You must notify us immediately if you know or suspect that any third party has obtained unauthorised access to your login or password.
5.5 By issuing you with a username and password we grant you a non-exclusive, non-transferable, revocable licence for your own personal, non-commercial use, to view and access the content which is available under the type of membership that you have selected. No commercial or business use of the content is permitted.
5.6 We may in our sole discretion reject your application for membership of our subscription services or cancel your membership without cause. If we do this, we will refund the subscription fee that you have paid to us for the unexpired portion of your subscription fee.
6.1 In respect of any forum, bulletin board, discussion group, Facebook page, social media forum or similar (“forums”) which you have access to (whether via the website, via your membership to one of our subscription services or via our Facebook page or other social media forum) you agree not to:
(a) upload, transmit or post anything which is illegal, abusive, obscene, objectionable, defamatory, threatening, harmful, inappropriate, not relevant to the subject matter of the forum or which infringes the privacy and/or intellectual property rights of others;
(b) restrict, inhibit or otherwise interfere with other users’ use or enjoyment of the website or services;
(c) collect, store or distribute personal information about other users (including e-mail addresses) without their consent;
(d) upload, post or introduce any code or anything else to the website which may damage the website or network or that contains viruses or malware.
6.2 The views expressed by submitters to the forums are the views of the respective submitter. The views expressed are not necessarily our views and are not endorsed by us. We are not responsible for any submissions made to the website by third parties or other users and we do not have any obligation to monitor such submissions. However, we may in our sole discretion remove or edit any such materials.
7. Pricing and payment
7.1 All prices are in New Zealand dollars and include GST unless stated otherwise. Customers outside of New Zealand will be exempt from the payment of New Zealand GST but may be subject to taxes, duties or other charges imposed by the New Zealand government or overseas governments or authorities.
7.2 Your payment for products or services will be processed through the online payment platform on our website which is operated by a third party provider. Separate terms and conditions may apply to the processing of your payment as set out on our third party provider’s payment platform/website. Only New Zealand residents may make payment by online direct deposit.
8.1 We will collect, store, use and disclose any personal information that you provide to us for the following purposes:
(a) processing your order and payments and supplying you with products and/or services;
(b) confirming your eligibility for membership to our subscription services and administering your membership for those services;
(c) reporting to you any statistical analysis or information that we have collected or compiled from the data that you have provided to us;
(d) facilitating the provision of services you request through our website which are provided by third parties such as naturopaths or other health advisers and consultants;
(e) supplying you with information, news, conducting surveys and research;
(f) marketing offers of products and/or services to you, but we will not disclose your personal information directly to third parties or our partners for the purpose of marketing products and/or services to you unless you have authorised us to do so;
(g) posting or uploading to the website any material or submissions that you have provided to us for that purpose;
(h) meeting any legal or regulatory requirements, investigating or prosecuting any suspected illegal activity or investigating any breach of these terms and conditions;
(i) enforcing these terms and conditions; and
(j) any purposes reasonably incidental or ancillary to the purposes set out above.
8.2 If you choose not to provide some or all of the personal information that we request from you, we may not be able to provide you with the full range of products and services that we offer.
8.3 Under the Privacy Act 1993, individuals have a right to access and correct any personal information that we hold about them. If you would like to access and/or correct your personal information which we hold, you can contact us by e-mailing us at firstname.lastname@example.org. We will not hold any personal information about you for longer than 12 months after your membership to any of our programmes or other subscribed services has ceased.
8.4 If you directly disclose personally identifiable information (such as your e-mail address or phone number) through the website or forums you are authorising the other users or third parties that have access to those forums to use that information to contact you or to engage directly with you.
8.5 We may also collect information that does not identify individual users, such as the number of visitors to our website, time and date of visits etc. Use by us or third parties of this anonymous information is unrestricted.
9. Intellectual property
9.1 We own all proprietary rights and intellectual property rights in the website, our products and services, including, but not limited to, copyright. We own or are licensed to use any trademarks and such trademarks are protected by New Zealand law. You must not alter or remove any copyright notice, trademark or other proprietary notice that appears on this website, our products or on our content.
9.2 You are permitted to use our products and services for your own personal use. You must not, and you must not allow others to, copy, reproduce, transmit, display, record, capture, broadcast, film, frame or mirror, post, distribute, edit, create a derivative work of, imitate, translate, reformat, publish, exploit or commercialise, rent, sell, licence or adapt our products, services, content or this website, or any part of it. We reserve all rights that are not expressly licensed under these terms and conditions.
9.3 You warrant that any materials or submissions that you post or share are created or owned by you, or that you have the necessary rights and permission to use, post or share these.
9.4 You must not create any link to our website without first obtaining our express written consent.
10. Availability of website and security
10.1 The website may be temporarily unavailable from time to time due to planned maintenance/upgrades, unplanned outages and matters beyond our control. We accept no liability in relation to the non-availability of the website or any defect or error in the website or its software.
10.2 As information transmitted over the internet is inherently insecure there is no guarantee of security and we cannot ensure the security of any information transmitted to or from the website. We make no representations or warranties in relation to the security of websites that may be linked to our website, including the online payment platform.
11.1 From time to time we will add to, modify or remove content. We may change the range of products and services and/or the prices of products and subscription fees from time to time with or without notice.
11.2 We may amend these terms and conditions from time to time with or without notice.
12. Indemnity and limitation of liability
12.1 You warrant that you will only use the website for lawful purposes in accordance with all applicable laws and regulations and these terms and conditions. You agree that you will not do anything to damage, interfere with or disrupt this website or our services. You agree to indemnify us in respect of any cost, loss, claim, demand, damage or expense that arises in connection with any failure by you to comply with these terms and conditions.
12.2 To the maximum extent permitted by law, warranties implied by customary practice, statute or at law are excluded. Subject to the terms of clause 12.3, our liability for any cost, loss, damage or claim arising directly or indirectly in relation to any product or service supplied by us, whether arising in contract, tort (including negligence) or otherwise, is limited to refunding the amount that you have paid us for the product or service. We are not responsible in any circumstances for any damage, injury, indirect, consequential or special loss, loss of data, loss of profits or economic loss.
12.3 If you are a consumer (as defined in the New Zealand Consumer Guarantees Act 1993 (“CGA”)) nothing in these terms and conditions limits or excludes any rights that you have under the CGA.
12.4 Where you are in trade, we both agree that the products and/or services are supplied by us in trade and are acquired by you in trade, and we both agree to contract out of the provisions of the CGA.
12.5 We will do our best to meet any estimated time frames we give you for delivering products. However, these time frames are estimates only and are not guaranteed.
12.6 We are not liable for any delay or failure to supply products or services, provide our website or meet our obligations under these terms where such delay or failure arises from any event or circumstance beyond our reasonable control including, but not limited to, acts of God, natural disasters, earthquakes, storms, floods, adverse weather conditions, strikes or lockouts, riots, civil commotion, accidents to or breakdown of machinery, infrastructure, plant or equipment; interruption or disruption to the supply of power, telecommunication or internet services; computer viruses or attacks by hackers, policies or restrictions of governments.
13.1 We may suspend or terminate your membership to our subscription services or refuse to supply you with products or services at any time without notice if we consider, in our sole discretion, that you have breached or you intend to breach, any of these terms and conditions or any applicable laws or regulations. No refund will be given if your membership to our subscription services is suspended or terminated for this reason.
14. New Zealand law
14.1 These terms and conditions and the supply of our products and services are governed by, and will be interpreted in accordance with, the laws of New Zealand.
14.2 If any provision of these terms and conditions is held to be illegal, invalid or otherwise unenforceable, in whole or in part, this will not impair the enforceability of the remaining provisions of these terms and conditions (which shall remain in full force and effect), and such provision shall be deemed to be modified to the extent necessary to render it legal, valid and enforceable.
© 2015 The Exceptional Health Company Limited