TERMS AND CONDITIONS OF USE
Welcome to Vitality Wellness (NZ) Limited (“VWNZ”) website. These Terms and Conditions apply to your use of:
- the VWNZ website at www.vitalityNZ.nz (“Website”);
- any other VWNZ website, page or application used to gather your details or send you email notifications relating to VWNZ and its products; and
- any social media website or page, containing pages or content established by, or associated with VWNZ, including, but not limited to:
- Facebook and
- Twitter (“internet sites”)
- You Tube
By accessing or using any one or more of the Internet Sites you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must cease accessing the Internet Sites immediately.
VWNZ reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.
4. INTELLECTUAL PROPERTY
Unless otherwise stated, VWNZ is the owner of, or otherwise has the right to use, all copyright, trademarks and other intellectual property rights relating to VWNZ, its subsidiaries, or the Goods on the Internet Sites. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on the Internet Sites. VWNZ’s ownership in such intellectual property is protected by both New Zealand and international law.
For the avoidance of doubt, Vitality ® New Zealand and Brain Shield™ are trademarks of Vitality Wellness (NZ) Limited and VWNZ is lawfully entitled to use these trademarks.
VWNZ grants you a limited license (“License”) for the purpose of learning about VWNZ and its products, registering, ordering and paying for VWNZ products, and making personal use of the Internet Sites. Any contravention by you of these Terms and Conditions terminates the License immediately.
Under no circumstances, without the prior written approval of VWNZ, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Internet Sites other than in accordance with the License. You shall not use any data gathering and extraction tools or software to extract information from the Internet Sites. You shall not frame or utilize framing techniques to enclose any of the contents of the Internet Sites without VWNZ’s express prior permission. You may not use any meta-tags or other hidden text which incorporate VWNZ’s name or any of its intellectual property including trademarks without VWNZ’s express prior permission.
You agree to fully indemnify VWNZ for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in respect of any third party claims against VWNZ its related parties, employees, contractors or agents, that may arise as a result of your breach of the License.
6. PROPRIETARY NOTICES
If you are granted permission by VWNZ to use any content from the Internet Sites other than for personal use, subject to any contrary agreement you reach with VWNZ, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
While VWNZ endeavours to take all reasonable and appropriate care in the preparation of the content on the Internet Sites and has no reason to believe that any information contained on the Internet Sites is inaccurate, VWNZ does not warrant the accuracy, adequacy, or completeness of such information or that such information is error-free.
VWNZ does not undertake to keep the Internet Sites updated, VWNZ does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Internet Sites including without limitation where such loss or damage as a result of or contributed to by the negligence of VWNZ.
8. POSTING POLICY
The following provisions apply to any comments, statements, blogs, feedback or interactions that you wish to post and are posted (“Posts”) on any of the Internet Sites:
- VWNZ reserves the right without notice or explanation to:
- not allow the posting of any specific Post; and
- edit any specific Post; or
- remove any Post;
- Personal abuse, foul language, inappropriate subject matter or discriminatory remarks of any nature will not be tolerated;
- You agree to indemnify VWNZ on demand for any loss or costs of whatever nature suffered by VWNZ whether direct or consequential as a result of any breach by you of the paragraphs a. and b. above.
9. INAPPROPRIATE POSTS
VWNZ has very strict policies in place which govern Posts on the Internet Sites by users. These policies are intended to ensure that only fair, factual and accurate comments and statements are posted by users.
VWNZ’s Domestic policy is: Next day delivery, if ordered by 2 pm, tracked, via NZ Post Courier. Rural Delivery (RD) takes one or two extra days depending on location. Free delivery New Zealand wide. International delivery: NZD $5.00 added to each product, tracking available. Delivery 5-10 days depending on destination.
If you believe that any Post included on any of the Internet Sites is inaccurate or inappropriate, then please contact us immediately and we will do our best to resolve the issue.
VWNZ can be contacted in any of the following ways:
Unless explicitly stated otherwise the comments or statements posted on the Internet Sites by others do not represent the opinions of VWNZ regardless of whether VWNZ may have edited or formatted such comments or statements in the course of their being posted on the Internet Sites.
12. GENUINE OPINION
To the best of VWNZ’s knowledge, all comments or statements made on the Internet Sites represent the genuine opinion of the authors of such comments or statements.
13. LINKED WEBSITES AND THIRD-PARTY INFORMATION
The Internet Sites may contain links to other websites (“Linked websites”). Those links are provided for convenience only and may not remain current or be maintained. VWNZ is not responsible for the content or privacy practices associated with linked websites.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by use of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary.
The Internet Sites may contain information which is obtained from third parties and which those third parties or VWNZ may post on the Internet Sites from time to time. Such information is provided for convenience only and VWNZ does not necessarily endorse the products or services referred to in the information.
VWNZ requires that you obtain the prior written approval of VWNZ before providing any link to the Website. Where such approval is given, you further agree that you will not use any VWNZ logo, trademark or other proprietary graphics as part of such link without the express prior approval of VWNZ.
You must take you own precautions to ensure that the process which you employ for accessing the Internet Sites, and/or downloading any information from the Internet Sites, does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system, telecommunication equipment or other property. VWNZ does not accept responsibility for any interference or damage to your computer system or telecommunication equipment which may arise in connection with your use of the Internet Sites or any linked website.
16. EXCLUSION OF WARRANTY
To the fullest extent permitted by law, in relation to your access and use of the Internet Sites any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded.
VWNZ further notes that the information accessed through the Internet Sites is to inform you of VWNZ’s range of products and their use. VWNZ does not engage in offering professional medical or health advice. The information accessed through the Internet Sites is not intended to be complete or diagnose or treat a health problem or disease.
If you have a health problem or suspect you have a health problem, please consult your health adviser.
17. EXCLUSION OF LIABILITY
Under no circumstances will VWNZ, its employees or its agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Internet Sites or in respect of any failure or omission on the part of VWNZ to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the Internet Sites.
18. LIMITATION OF LIABILITY
In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and VWNZ becomes liable for any loss or damage that would otherwise have been excluded, VWNZ’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Internet Sites is to be limited to $75 in New Zealand currency.
The Internet Sites are governed by and are to be interpreted in accordance with the laws of New Zealand and in all matters relating to or arising from your use of the Internet Sites, you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
20. SOCIAL NETWORKING SITES
In the event of any problem with the Internet Sites or any content, you agree that your sole remedy is to cease using the relevant Internet Site.
22. FAILURE TO COMPLY
VWNZ accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.
If VWNZ waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in force.
In the case of a breach of these Terms and Conditions by you or any other person, VWNZ is free to decide whether it wishes to take action for such breach, and if so when and how. VWNZ will not be prevented by passage of time or any other matter, from exercising its rights.
26. NO ASSIGNMENT
You may not assign any of your rights or obligations pursuant to these Terms and Conditions.
All VWNZ content on the Internet Sites is protected. VWNZ Limited is either the owner or licensee of all rights to such content. All such rights are reserved.
If you have any queries in regard to these Terms and Conditions, please don’t hesitate to contact VWNZ.
The information accessed through:
- The VWNZ website at www.vitalitynz.nz
- Any other VWNZ website, page or application used to gather your details or send you email notifications relating to VWNZ and its products; or
- Any social media website or page, containing pages or content established by, or associated with VWNZ, including but not limited to:
- Facebook and
- Twitter (“the Internet Sites”)
- You Tube
Is to inform you of our range of products and their use. VWNZ does not engage in offering professional medical or health advice. The information accessed through the Internet Sites is not intended to be complete or to diagnose or treat a health problem or disease. If you have a health problem or suspect you have a health problem, please consult your doctor or health advisor.