TERMS AND CONDITIONS OF HORMONE EMPOWERMENT
(being the trading name for the partnership of Andrea Riggans and Sarah Brenchley) (“Hormone Empowerment”)
Hormone Empowerment (“we”, “us”, “our”) is in the business of empowering women through the transition of menopause using personal training, nutrition and lifestyle advice, naturopathic remedies, testing and mindset coaching to the Customer (“you” and “your”) only upon the Terms and Conditions set out below.
1. ESSENTIAL TERMS
The Products provided for sale in our Online Store are provided on the basis of the following essential terms. You acknowledge and agree to:
1.1 Always read the instructions that accompany the Product and use as directed;
1.2 Consult your health care professional before beginning any home workout guide provided (or acknowledge that we have recommended that you undertake this consultation);
1.3 Being in good physical condition and being able to participate in exercise approved by your healthcare professional
1.4 Consult your health care professional if you have an existing injury/condition prior to participating in any work out guide;
1.5 See your health care professional if symptoms persist;
1.6 Cease using the Product if exercise causes pain and go see your health care professional;
1.7 Accept that no particular treatment is effective in all cases and that there is always more than one possible cause for pain;
1.8 Use the Product at your own risk. The accuracy and efficacy of the instructions and the Product cannot be guaranteed and this website cannot be held responsible for any deficiency in either.
1.9 Accept that all information is designed to support not replace a consultation with your health care professional.
1.10 Accept that the use of this website and/or the purchase of Products from it does not create or constitute a patient/practitioner relationship between you and us.
Contract means the contract between you and us for the purchase of any Product and incorporating these Terms and Conditions.
Customer (you and your) means the customer who contracts for the purchase of any Product .
Delivery means delivery of the Product(s) in accordance with clause 9;
Online Store (this website) means our online shopping portal where Products are displayed and through which our Products are available for purchase by customers.
Price means all fees, expenses, and costs for Products further identified in any tax invoice issued by us to you, which tax invoice(s) are deemed to be incorporated into and form part of these Terms and Conditions.
Product means any advice, programmes and testing in relation to home workout exercise, nutrition, lifestyle education, naturopathic remedies, hormone testing and mindset education.
3.1 In these Terms and Conditions, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
3.2 The clause headings are intended as an aid to reading and do not affect the interpretation of these Terms and Conditions.
3.3 These terms shall be given a fair, large and liberal interpretation to the fullest extent permitted by law and shall not be construed against us.
3.4 In these Terms and Conditions, “persons” includes companies, partnerships, limited liability partnerships, unincorporated associations and trusts.
4.1 Your use of our Online Store for the purchase of any Product shall constitute a binding Contract and acceptance of the Terms and Conditions contained herein.
4.2 Upon acceptance of these Terms and Conditions by you, the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with our written consent.
5.1 The Price payable for the Products shall be the price displayed on our Online Store and as altered by us at our sole discretion from time to time.
6.1 Payment for any Products shall be made in full at the time of purchase on our Online Store or payment plans agreed to prior to commencement of any PRODUCTS.
7.1 We reserve the right to cancel any Contract and these terms and conditions or cancel delivery of the Products at any time before the Products are delivered by giving written notice. On giving such notice, we shall promptly repay to you any sums paid in respect of the Price.
7.2 In the event, we exercise our rights pursuant to clause 7.1, we shall not be liable for any loss or damage arising from such cancellation.
8. Effects of cancellation
8.1 Upon cancellation of this Contract, all the provisions of these Terms and Conditions will cease to have effect, save for those provisions intended to and that will survive and continue to have effect (in accordance with their terms or otherwise indefinitely).
8.2 Cancellation of this Contract will not affect either party’s accrued liabilities and rights (including accrued rights to be paid) as at the date of cancellation.
9. Delivery of the Products
9.1 Delivery will be completed when we deliver the Products to the place nominated by you. You will bear the cost of delivering the Products to the nominated delivery point and which will be shown separately on the relevant invoice. The courier shall be deemed to be your agent.
9.2 If you specify a delivery date, we will use our reasonable endeavours to try and deliver the Products to you by that date, but we will not be responsible to you in any way for delivery, delays or non-delivery. We will not be liable for any damage to the Products.
9.3 The failure of us to deliver shall not entitle either party to treat this contract or any part thereof as void.
9.4 We shall not be liable for any loss or damage whatsoever due to the failure to deliver the Products (or any of them) promptly or at all.
10. Product Warranty
10.1 We warrant that the Products are fit for purpose and are as described in the Online Store. However, if for any reason you are not completely satisfied with the Products we will refund the Price (not including the cost of Delivery) upon your returning the Products to us.
10.2 The Product warranty provided at clause 10.1 applies for 12 months from the purchase date.
10.3 Returns will only be accepted and refunds provided if the Products are returned at your cost and the Products are returned with an acceptable level of wear and tear and with all packaging materials and instruction materials, as is reasonably possible in the circumstances.
10.4 Courier charges are non-refundable and all costs of returning Products to us are your responsibility.
11. Privacy Act 1993
11.2 You authorise us or our agent to:
(a) access, collect, retain and use any information about you;
(b) (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing your creditworthiness; or
(c) for the purpose of marketing products and services to you.
(d) disclose information about you, whether collected by us from you directly or obtained by us from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining, a credit reference, debt collection or notifying a default by you.
11.3 Where you are a natural person the authorities under clause 11.1 are authorities or consents for the purposes of the Privacy Act 1993.
11.4 You shall have the right to request a copy of any information about you retained by us and the right to request us to correct any incorrect information about you held by us or for us to delete any information about you held by us.
12. Dispute Resolution
12.1 If a dispute arises between us about anything in relation to these terms or the Product, then either party may notify the other in writing stating there is a dispute and giving details of it. You agree to first attempt in good faith to settle the dispute. These attempts may include using alternative dispute resolution techniques. Should these attempts not result in a resolution within one calendar month, the dispute shall be referred to a mediator to be appointed by the parties, or, if the parties are unable to agree, to be nominated by the Chair of the New Zealand Chapter of Resolution Institute.
13. Intellectual Property Rights
13.1 By purchasing the Products you do not acquire any right, title or interest in any intellectual property rights, including without limitation any trade marks and patents, relating to, or found contained within any of the Products.
13.2 You must not use or seek any intellectual property rights, including without limitation any trade marks and patents, the rights to which belong to us or our suppliers or manufacturers, or found contained within any of the Products, or cause, assist or permit anything to occur which may interfere with, damage or endanger those intellectual property rights.
13.3 You agree not to at any time before or after the termination of this agreement, either directly or indirectly:
(a) use or seek, or allow any third party to use or seek to register any of the trademarks, logo, labelling which includes or is identical or deceptively or confusingly similar to, any of the trademarks or intellectual property belonging to us or found contained within any of the Products; or
(b) challenge in any legal proceedings, or otherwise, the validity or ownership of the intellectual property or our rights to register any trademark whether inside or outside the territory.
13.4 You must notify us immediately when you become aware of any unauthorised use or attempted use or infringement by any person of our trade marks or other intellectual property rights or those of our suppliers.
14. Force Majeure
14.1 We shall not be liable for any failure or delay to deliver the Products where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside our reasonable control including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.
15. Limitation of Liability
15.1 You acknowledge and agree that:
(a) our liability to you shall be limited to the amount equal to the Price as detailed on our invoice in each instance.
(b) we shall under no circumstances be liable to you or any other party for incidental, indirect, consequential or punitive damage or loss, cost or expense, including without limitation, damage based upon lost goodwill, lost sales or loss of profit, delay in delivery, work stoppage, production failure, impairment of other assets or based on any other cause, and whether arising out of or in connection with breach of warranty, breach of contract, misrepresentation, negligence or otherwise.
(c) we shall under no circumstances be liable to you for any damage, costs or liabilities caused by the use of defective Products or improper handling thereof or use of the Product or any purpose other than that for which the Product is intended.
16.1 Our failure to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
16.2 These terms and conditions and any agreement to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
16.3 You shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to you by us nor to withhold payment of any invoice because part of that invoice is in dispute.
16.4 We may license or sub-contract all or any part of our rights and obligations without your further consent.
16.5 You agree that we may amend these terms and conditions at any time. If we make a change to these terms and conditions, then that change will take effect from the date on which we notify you of such change. You will be taken to have accepted such changes if you make a further request for us to provide any Product to you.
16.6 You warrant that you have the power to enter into this agreement and have obtained all necessary authorisations to allow you to do so, you are not insolvent and that this agreement creates binding and valid legal obligations on you.