These terms and conditions, as amended from time to time (Terms and Conditions) are intended to govern the relationship between A M Health Limited, trading as Annabelle Matson (Annabelle Matson, we, us, our) and you, the client (you, your), (together, the Parties) in respect of holistic coaching (Services).

By clicking on the link at the checkout page, you acknowledge that you have read, understand and agree to be bound by the Terms and Conditions.

  1. DEFINITIONS

Bill Rate” means in respect of any rate of interest to be calculated pursuant to these Terms and Conditions the mid or “FRA” rate for 90 day bank accepted bills (expressed as a percentage) as quoted on Reuters page BKBM (or any successor page) at or about 10.45am on the first Business Day of the period in respect of which such rate of interest is to be calculated, and thereafter at intervals of 90 days from that Business Day.

Business Day” means any day other than a Saturday, Sunday, or a statutory public holiday in Christchurch, New Zealand.

Intellectual Property” means all intellectual and industrial property rights and interests (including common law rights and interests) owned or held by us, or lawfully used by us, including, without limitation:

(a)         patents, trade marks, service marks, copyright, registered designs, trade names, symbols, and logos;

(b)         patent applications and applications to register trade marks, service marks and designs;

(c)         materials and information provided to you as part of the provision of the Services; and

(c)         formulae, methods, plans, data, drawings, specifications, characteristics, equipment, designs, inventions, discoveries, improvements, know-how, experience, software products, trade secrets, price lists, costings, brochures and other information used by us.

2. PRICE AND PAYMENT

  1. GST: All prices in respect of the Services are inclusive of GST where stated
  2. Payment: You must pay for all Services provided by us at the time those Services are provided (or such other date as agreed by us in writing) (Due Date).
  3. Default interest: If you do not pay any amount payable by you by the Due Date (Overdue Amount), then you shall pay default interest on the Overdue Amount at the Bill Rate plus 2%, calculated on a daily basis from and including the Due Date until the Overdue Amount is paid in full. For the avoidance of doubt, our right to require payment of default interest under this clause does not limit any of our other rights or remedies.

3. INTELLECTUAL PROPERTY

  1. Ownership: All Intellectual Property provided to you pursuant to the provision of the Services shall be our sole and exclusive property.
  2. No rights: Nothing in these Terms and Conditions confers on you any right or interest in, or licence to use, or permit to be used, any of the Intellectual Property except to the extent expressly authorised by us. Without limiting the generality of the foregoing, you may not reproduce, distribute, or sell to any third party, otherwise use the Intellectual Property without our prior written consent.

4. CONFIDENTIALITY

  1. Confidentiality obligation: Subject to clause 5.2, the Parties shall keep confidential, and make no disclosure of all information obtained from the other party under this agreement or in the course of negotiations in respect of this agreement (Information).
  2. Permitted disclosure: Information may be disclosed by a party if:
    1. disclosure is required by law; or
    2. disclosure is necessary to obtain the benefits of, and fulfil obligations under, these Terms and Conditions; or
    3. that Information already is, or becomes, public knowledge other than as a result of a breach of clause 5.1 by that party; or
    4. disclosure is made to a bona fide financier or potential financier of that party, or to a bona fide purchaser or potential purchaser of all or part of the business of, or the shares in, that party, so long as:
      • that party has notified the other party of the proposed disclosure; and
      • the person to which disclosure is to be made has entered into a confidentiality agreement in a form reasonably acceptable to the other party; or
    5. disclosure is made to a lawyer or accountant for that party.

5. PRIVACY

  1. Privacy Act: The collection, use, storage and disclosure by us of any personal information about you is subject to the Privacy Act 1993.
  2. Use and correction of personal information: Any personal information that we collect about you will only be used for the purposes of providing the Services to you and will be held at our registered office. You have the right under the Privacy Act 1993 to obtain access to, and to request correction of any personal information concerning you held by us.

6. LIMITATION OF LIABILITY

  1. Monetary limit: Our total liability to you in respect of all claims arising under or in connection with these Terms and Conditions, the Services provided to you or otherwise (including directly or indirectly from any breach by us of these Terms and Conditions or from our negligence or other act or omission), shall be limited to the amount (in aggregate) paid by you to us in respect of the Services provided to you.
  2. No consequential loss: At no time shall we, or our directors, officers and employees (Related Parties) be liable to you for any loss of profits, or any consequential, indirect or special loss or damages you suffer, arising directly or indirectly from any breach by us of these Terms and Conditions, the performance of the Services or from our negligence or other act or omission by us.

7. INDEMNITY

  1. Indemnity: You will at all times indemnify us and our Related Parties, and keep us and our Related Parties indemnified against all costs, loss, liabilities, actions, suits, proceedings, penalties, charges, claims, expenses and demands of any nature whatsoever (including all legal costs on a solicitor client basis) which may be claimed, taken or made against, or incurred by us or our Related Parties arising out of or in connection with these Terms and Conditions or the Services provided by us to you.

8. DISCLAIMER

  1. Disclaimer: You acknowledge and agree that:
    • We are an educator and coaching business and not a licensed medical doctor or primary care provider.
    • Our sole intention is to offer you the general educational information you request. If you choose to use this information to work on yourself then you affirm that the responsibility for that use is solely yours.
    • We will never use information in any way that contradicts, conflicts or opposes a course of treatment recommended by a primary healthcare provider, such as a licensed medical doctor. In the event that you consider that any advice provided by us contradicts or opposes a medical doctor’s treatment or recommendations (Medical Advice), we strongly advise you to follow the Medical Advice.
    • You accept all risk to your health and of injury or death that may result from the provision of the Services.

9. TERMINATION

  1. Termination by Notice: Either party may terminate these Terms and Conditions and the provision of the Services to you at any time upon written notice to the other. Termination of the Services and these Terms and Conditions does not affect any obligation of you to pay any money owing to us.
  1. DISPUTES
    1. Good faith discussions: Both Parties shall meet to discuss in good faith any disputes between them arising out of or in connection with the Services provided to you, or these Terms and Conditions (including any dispute as to its existence or validity), or relating to any matter which these Terms and Conditions require to be decided by us (Dispute).
    2. Mediation: In the event that the Dispute is not resolved by good faith discussions in accordance with clause 11.1, within 20 Business Days of the Dispute arising, then either party may, by written notice to the other, refer the Dispute to mediation by a single mediator nominated by the chairperson, or any other office holder for the time being, of the New Zealand chapter of LEADR. In the event of any such submission to mediation:
      1. unless the Parties otherwise agree, the mediation shall take place in Christchurch, New Zealand;
      2. the mediator will be deemed to be not acting as an expert or an arbitrator;
      3. the mediator will determine the procedure and timetable for the mediation; and
      4. the cost of the mediation will be shared equally between the Parties (unless otherwise agreed).

10. GENERAL

  1. Governing law: These Terms and Conditions and the provision of the Services are governed by the laws of New Zealand and the Parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
  2. Amendments: We may amend these Terms and Conditions at any time by written notice to you.
  3. Waiver: No failure or forbearance by a party to exercise, or delay in exercising (in whole or in part), any right, power or remedy under, or in connection with, these Terms and Conditions shall operate as a waiver of that right, power or remedy. A waiver of any breach of any provision of these Terms and Conditions shall not be effective unless that waiver is in writing and is signed by the party against whom that waiver is claimed. A waiver of any breach shall not be, or be deemed to be, a waiver of any other or subsequent breach.
  4. Severance: If any provision of these Terms and Conditions is or becomes unenforceable, illegal or invalid for any reason it shall be deemed to be severed from these Terms and Conditions without affecting the validity of the remainder of these Terms and Conditions and shall not affect the enforceability, legality, validity or application of any other provision of these Terms and Conditions.

11. MONEY BACK GUARANTEE 

  1. In the event that you are not satisfied with the provision of the Services for any reason, within 30 days of the commencement of us providing the Services to you (Refund Period), you may provide written notice requesting a refund of all money paid by you in respect of the Services (Refund Notice).  In order to qualify for a refund, together with providing the Refund Notice, you must provide all of the following completed course work:

Completed 1:1 Implementation & Strategy Session with Annabelle 

Completed workbooks for the following modules: Module 1, 2 & 3

Attended at least 1 x Live Q&A Call

(Completed Coursework).

  1. We will not provide any refund to you following the expiry of the Refund Period, where you fail to provide the Completed Coursework within the Refund Period or where you are completing or have purchased the program for a second time (in the Re-Activate program)

12. CANCELLATION POLICY

  1. Cancellation: You must provide at least 24 hours’ notice to us if you are unable to attend an appointment (whether such appointment is face-to-face, over the internet or otherwise) (Appointment). In the event that you fail to provide such notice, you will be liable to pay all amounts due by you in respect of that Appointment, irrespective of your non-attendance.

 

 

 

PRIVATE FACEBOOK GROUP TERMS & CONDITIONS

Introduction

We, the operators of this forum (“Forum”), provide it as a paid service to our users.

Please carefully review the following basic rules that govern your use of the Forum. Please note that your use of the Forum constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the “User”) do not agree to them, do not use the Forum, provide any materials to the Forum or download any materials from them.

We reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the Forum following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Forum.

These Terms and Conditions of Use apply to the use of the Forum and do not extend to any linked third party sites. These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and the Operators with respect to the Forum. Any rights not expressly granted herein are reserved.

Permitted and Prohibited Uses

You may use the the Forum for the sole purpose of sharing and exchanging ideas with other Users. You may not use the the Forum to violate any applicable law.

You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the the Forum any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.

You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Forum’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Forum.

You are strictly prohibited from communicating on or through the Forum any unlawful, harmful, offensive, threatening, abusive, defamatory, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law.

You are expressly prohibited from compiling and using other Users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Forum, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.

You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Forum and to suspend or revoke your membership in the consortium without refund of any membership dues paid.

The Operators note that unauthorised use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of laws, including but not limited to the Privacy Act 1993. The Operators reserve the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.

User Submissions

The Operators do not want to receive confidential or proprietary information from you through the Forum. Any material, information, or other communication you transmit or post (“Contributions”) to the Forum will be considered non-confidential.

User Discussion Lists and Forums

The Operators may, but are not obligated to, monitor or review any areas on the Forum where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Operators, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, defamation, privacy, or otherwise. The Operators may edit or remove content on the Forum at their discretion at any time.

Use of Personally Identifiable Information

Information submitted to the Forum is governed according to the Operator’s current Privacy Policy and the stated license of this Forum.

You agree to provide true, accurate, current, and complete information when registering with the Forum. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Forum.

Although sections of the Forum may be viewed simply by visiting the Forum, in order to access some content and/or additional features offered at the Forum, you may need to sign on as a guest or register as a member. If you create an account on the Forum, you may be asked to supply your name, address, a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorised use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Forum using your account or User ID. You grant the Operators and all other persons or entities involved in the operation of the Forum the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Forum and in the provision of services to you. The Operators cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Forum. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy.

Indemnification

You agree to defend, indemnify and hold harmless the Operators, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use or misuse of the Forum, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.

Termination

These Terms and Conditions of Use are effective until terminated by the Operators. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Forum. If you are dissatisfied with the Forum, its content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Forum. The Operators reserve the right to terminate or suspend your access to and use of the Forum, or parts of the Forum, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use.

WARRANTY DISCLAIMER

THE FORUM AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE FORUM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE FORUM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FORUM. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FORUM OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE FORUM.

IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE FORUM, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FORUM IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE FORUM. YOUR PARTICIPATION IN THE FORUM IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE THE FORUM, THAT YOUR USE OF THE FORUM IS AT YOUR SOLE RISK.

YOU ACKNOWLEDGE AND AGREE THAT:  

  1. THE OPERATORS ARE AN EDUCATOR AND COACHING BUSINESS AND ARE NOT A LICENSED MEDICAL DOCTOR OR PRIMARY CARE PROVIDER.
  1. THE OPERATOR’S SOLE INTENTION IS TO OFFER YOU THE GENERAL EDUCATIONAL INFORMATION YOU REQUEST.  IF YOU CHOOSE TO USE THIS INFORMATION TO WORK ON YOURSELF THEN YOU AFFIRM THAT THE RESPONSIBILITY FOR THAT USE IS SOLELY YOURS.
  1. THE OPERATOR WILL NEVER USE INFORMATION IN ANY WAY THAT CONTRADICTS, CONFLICTS OR OPPOSES A COURSE OF TREATMENT RECOMMENDED BY A PRIMARY HEALTHCARE PROVIDER, SUCH AS A LICENSED MEDICAL DOCTOR.  IN THE EVENT THAT YOU CONSIDER THAT ANY ADVICE PROVIDED BY US CONTRADICTS OR OPPOSES A MEDICAL DOCTOR’S TREATMENT OR RECOMMENDATIONS (“MEDICAL ADVICE”), WE STRONGLY ADVISE YOU TO FOLLOW THE MEDICAL ADVICE.
  1. YOU ACCEPT ALL RISK TO YOUR HEALTH AND OF INJURY OR DEATH THAT MAY RESULT FROM THE USE OF THE FORUM.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THE FORUM OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE FORUM OR FOR ANY INFORMATION OBTAINED THROUGH THE FORUM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORISED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE OPERATOR’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE FORUM IS LIMITED TO $100.

General

Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section.

The failure of the Operators to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Operators’ rights with respect to such breach or any subsequent breaches.

These Terms and Conditions are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

These Terms and Conditions set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter.

The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.

Links to Other Materials

The Forum may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, authorisation, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Forum. If you decide to access any of the third party sites linked to by the Forum, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Notification Of Possible Copyright Infringement

In the event you believe that material or content published on the Forum may infringe on your copyright or that of another, please contact us.