Thank you for visiting www.annabellematson.com (“the Website”). The following terms and conditions of use (“Terms”) apply to your use of the Website.
APPLICATION OF TERMS
- By accessing and using the Website:
– you agree to these Terms; and
– where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
- If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
- We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
- We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
- These Terms were last updated on 6 July 2015.
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data; and any other claim, damage, injury, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information has the meaning set out in clause 2(1) of the Privacy Act 1993 (New Zealand).
Underlying System means any network, system, software, data or material that underlies or is connected to the Website.
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website.
We, us or our means AM Health Ltd trading as Annabelle Matson.
Website means www.annabellematson.com
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting
- You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete. We will not be liable to you for any Loss you suffer as a result of you failing to provide us with true, correct and complete information, or updating that information.
- If you are given a User ID, you must keep your User ID secure and:
– not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
– immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to firstname.lastname@example.org.
- You must:
– not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
– unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
- You may not create a link from any other website to any part of this Website, other than the homepage, without our prior written consent (which only we may grant or withhold). You may only link to the homepage of this Website with our written permission if you do so in such a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists. If you link to this Website, it is at your own risk. If you wish to obtain our consent to any matters pursuant to this clause, email your request to email@example.com.
- You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
- We own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems (unless otherwise stated). If the owner of any material on this Website is not us, your rights in respect of that material will be as defined by the copyright owner of the material concerned.
- Unless otherwise stated, you are permitted to copy text published by us on this Website for your own non-commercial use only, provided that you retain and display any copyright notice applying to the material. Individual items may have more specific terms and conditions associated with them, in which case, those terms and conditions will prevail over this general permission.
- Except as set out above, all rights to the Website (including rights in text, graphics, selection, arrangement and overall website design) are reserved and no right or licence is granted or implied under any copyright, patent, trade mark or other intellectual property right owned by us or any other party as a consequence of publication of any material on this Website. No material from this Website may be reproduced, adapted or distributed, in whole or in part, or on any media without written permission (which includes email) from us.
- any error in, or omission from, any information made available through the Website;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
- any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
- We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
- Whilst the material on the Website is derived from sources believed to be accurate and current we give no representation or warranty as to the reliability, accuracy or completeness of the content contained within the Website.
- All information presented on this website is for informational purposes only.
- The Website, and the products contained herein, are not intended to treat, diagnose, prevent or cure any disease, nor is it intended to be used as a substitute or replacement for medical advice and treatment. Please seek the advice of a healthcare professional for your specific health concerns.
- To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
– the Website being unavailable (in whole or in part) or performing slowly;
- To the maximum extent permitted by law:
– you access and use the Website at your own risk; and
– we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
- Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to either: the supply of the goods (or equivalent goods) or services again; or the payment of the cost of having the goods (or equivalent goods) or services supplied again. The Consumer Guarantees Act 1993 does not apply to the supply of services to you by us on or through the Website, if you are acquiring or holding yourself out as acquiring those services for the purposes of a business.
- To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, will not exceed NZD100.
SUSPENSION AND TERMINATION
- Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
- On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
FEES, INVOICING AND PAYMENT
- All amounts are stated in the currency set out on the website. All purchase prices include New Zealand GST (where applicable).
- You will be required to make payment by way of credit card or PayPal and you must provide your credit card or PayPal details to us when making a purchase for the Services.
- All transactions are processed via a third party PCI Compliant provider.
- Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The pricing changes will apply to you for services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our website or are provided to you, whichever is earlier.
- No refunds are provided for digitial products purchased through the website. This does not affect the rights you may have as a consumer under the Consumer Guarantees Act.
- If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
- These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website. We also retain the right to bring proceedings in any other court of competent jurisdiction of our choice.
- For us to waive a right under these Terms, the waiver must be in writing.
- Clauses which, by their nature, are intended to survive termination of these Terms, including but not limited to clauses 5, 5, 6, 7, 11.1, continue in force.
- If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
- These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
- Upon purchase you will immediately receive an email with a link to a direct download for your product.
- If you have any issues with your product delivery, please contact: firstname.lastname@example.org
- We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
- When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information.
- You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you.
- When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
- The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, and research and development.
- We may send you direct marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS or email, in accordance with applicable marketing laws. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.
- In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us (details below) or by using the opt-out facilities provided (e.g. an unsubscribe link), or by updating your personal details on our Member Centre webpage using the link provided on this page (you may also cancel your profile using the Member Centre). We will then ensure that your name is removed from our mailing list. We do not provide your personal information to other organisations for the purposes of direct marketing unless expressly authorised by you.
– to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
– in relation to the proposed purchase or acquisition of our business or assets; or
– where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
- Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
- You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at email@example.com.
AM Health Ltd T/A Annabelle Matson
Christchurch, New Zealand
Mobile: +62 2750 222 22