TERMS AND CONDITIONS

 

  1. Acceptance 

    1. Welcome! We offer virtual consultations with a nutritionist and detoxification specialist to help you improve your overall health, manage and maintain your nutritional wellbeing (with the addition of detoxification modalities), make changes to your diet, help you feel better and support you with your eating habits. All of the different consultations and packages we offer are set out on our Site (Services).  

    2. These terms and conditions are between Ally Wohlers t/a Ally In Abundance NZBN 9429048458788 (we, our or us) and you, the individual requesting our Services, together with the Parties and each a Party. 

    3. This website (Site) is available at [ www.allyinabundance.com ] and may be available through other addresses or channels

    4. By accessing and/or using the Site you:

      1. warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and

      2. agree to use the Site in accordance with this Agreement.

    5. You must not use the Site and/or book a consultation through the Site unless you are at least 18 years old.

    6. You accept these Terms by the earlier of:

      1. clicking a box indicating your acceptance; 

      2. confirming by email that you accept these Terms; and

      3. making payment of any part of the price payable for the Services (including the deposit), as set out on the Site or otherwise agreed between the Parties.

    7. Please read these terms and conditions (Terms) carefully and contact us if you have any questions.

  2. Medical Advice Disclaimer

    1. Our Services are intended to assist you with managing and/or maintaining your nutritional wellbeing and are not intended to be general medical advice, treatment or diagnoses.

    2. You acknowledge and agree that you should always speak with your doctor or another relevant healthcare professional before using our Services, in particular, if you are taking medications, pregnant or have a medical condition, injury or impairment. 

    3. You should be in good health and physically fit when engaging our Services. If you are not in good health or physically fit, you must obtain your doctor’s consent before engaging our Services. Failure to do so may result in adverse health consequences.

    4. You agree that our Services must not be relied on as a substitute for medical advice or treatment and that we cannot guarantee any particular result or outcome.

  3. Services

    1. In consideration of your payment of the price, we will provide the Services in a proper and professional manner and in accordance with industry practice and these Terms. 

    2. You may purchase the Services from us as set out on the Site. Any purchase of our Services through the Site is an offer by you to purchase particular Services for the purchase price set out on the Site at the time you order it through the Site, in accordance with clause 5.

    3. We may, at our absolute discretion, accept or reject a request for Services. We will endeavour to notify you of rejection at the time of the requestor within a reasonable time thereafter.

    4. Each request for Services that we accept results in a separate binding agreement between you and us for the supply of Services in accordance with the Terms.

    5. It is your responsibility to check the details of the Services, including selected consultation type, number of consultations included and pricing, before you submit your request through the Site.

    6. When you make a request and your payment has been validated (if applicable), we will provide you with a confirmation email, which will include a description of the Services, instructions on how to book your consultations and any other relevant details.

  4. Consultations

    1. After you have selected the relevant Services, you will be able to book consultations through the Site or by any other means agreed between the Parties (Booking Request). 

    2. Once we accept your Booking Request, we will send you a confirmation email to confirm the time and provide you with a link to the video conferencing software for the consultation and a Consultation is made.

    3. Every Consultation is subject to and will be governed by, these Terms and any other conditions agreed to by the Parties. 

  5. Price and Payment 

    1. You agree to pay us the purchase price for the Services (including any deposit) (Price) based on the option selected by you as set out on the Site (including selected payment method), in accordance with this clause. All amounts are stated in New Zealand dollars and are inclusive of GST (where applicable). If we offer payment via a third party payment processor, the payment may be subject to that third party’s terms and conditions.

    2. You agree to pay an upfront deposit at the time of booking a Consultation or as otherwise agreed between the Parties and the balance of the Price for that Consultation on completion of the Consultation. We will not commence the Consultation until you have paid us the deposit in full.

    3. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.

    4. If any payment has not been made as set out on the Site or in the Terms, we may (at our absolute discretion) immediately cease supplying our Services (including by not allowing you to book any further Consultations) and/or charge you interest on the outstanding payment at a rate equal to the Reserve Bank of New Zealand’s cash rate, from time to time, plus 5% per annum, calculated daily and compounding monthly. 

  6. Rescheduling and Cancellation of Consultations

    1. We appreciate that from time to time, life gets in the way, and a Party may need to reschedule a Consultation. Therefore, either Party may reschedule a scheduled Consultation by providing the other party with at least 24 hours’ notice. 

    2. If you provide us with less than 24 hours’ notice that you would like to reschedule your Consultation, we may not be able to accommodate you and you will not be refunded the deposit (as outlined below in Price and Payment). 

    3. If you cancel a consultation, there will be no refund of the purchase price.

    4. You acknowledge that the amount retained under clause 6 is a genuine pre-estimate of our loss as we will have set aside the time to speak to you and our time is valuable. 

    5. If we cancel a Consultation (due to no fault on your part), you will be fully reimbursed for any amounts paid to us.

  7. Intellectual Property

    1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to any resources, guides, tools and tips we provide to you and other materials (including in connection with these Terms, the Services and the Site) and all other materials is owned or licensed by us and will at all times vest, or remain vested, in us. Our intellectual property described in this clause is referred to in these Terms as Content.

    2. We give you a limited, revocable, non-transferable licence to use, for your personal use, the Content we provide to you as part of our Site and our Services. 

    3. Unless otherwise agreed to by us, you must not, without our prior written consent: (a) copy or use, in whole or in part, any of our intellectual property; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party including on social media; or (c) breach any intellectual property rights connected with the Site and Services, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

    4. This clause will survive termination of these Terms. 

  8. Third-Party Inputs

    1. You agree that the provision of the Services may be contingent on, or impacted by services provided by third parties, including the delivery of our Consultations through third party video conferencing software such as Skype (Third Party Inputs).

    2. To benefit from the Consultations, you will be required to sign up to an account with Skype (or any other video conferencing software that we advise you of from time to time). 

    3. To the extent that you use Third Party Inputs that interoperate with the Services, you agree that you are responsible for: 

      1. the purchase of (if applicable);

      2. the requirements; and 

      3. the licensing obligations, 

related to the applicable Third Party Input, including third-party software and services. 

  1. Limitations

    1. In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under the statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

    2. Despite anything to the contrary, to the maximum extent permitted by law: 

      1. our maximum aggregate liability arising from or in connection with the Terms will be limited to, and must not exceed, the portion of the Price paid by you to us for the Services the subject of the relevant claim; and

      2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under the statute, contract, equity, tort (including negligence), indemnity or otherwise.

  1. Despite anything to the contrary, to the maximum extent permitted by law, and without excluding your Statutory Rights, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with:  

    1. your acts or omissions (including your failure to provide accurate information);

    2. lack of suitability, or the absence of, or reduction in, any anticipated result, outcome or benefit with respect to our Services or the Content;

    3. any use or application of the Services by a person other than you, or other than as reasonably contemplated by these Terms;

    4. any works, services, goods, materials or items which do not form part of the Services (as expressed in these Terms), or which have not been provided by us;

    5. any Third Party Inputs;

    6. unavailability or errors on the Site, or any reasonable delay in us providing the Services to you; or

    7. any event outside of our reasonable control.

  2. This clause will survive termination of these Terms.

  1. Your Statutory Rights

    1. Certain legislation, including the Consumer Guarantees Act 1993, may confer you with rights, warranties, guarantees and remedies relating to our provision of the Services which cannot be excluded, restricted or modified (Statutory Rights).

    2. Where a failure with the Services cannot be remedied or is of a substantial character, you are entitled: 

      1. to cancel these Terms with us; to a refund for the unused portion of the Services, or to compensation for its reduced value. 

    3. Where a failure with the Services can be remedied, you are entitled to have the problems with the Services rectified in a reasonable time and, if this is not done, to cancel these Terms or to have the failure remedied elsewhere and recover from us all reasonable costs incurred in having the failure remedied. Where a failure with the Services cannot be remedied or is of a substantial character (for example the Services are unsafe), you may cancel these Terms or obtain compensation for any reduction in the value of the Services.

    4. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. 

    5. Nothing in these Terms attempts to modify or exclude your Statutory Rights. Any and all other warranties or conditions which are not guaranteed by Statutory Rights are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

  2. Termination 

    1. These Terms commence on the date you accept these Terms and will continue until we have completed the provision of the Services (as determined by us in our reasonable discretion), unless terminated earlier in accordance with this clause 12. 

    2. Either Party may reschedule or cancel a Consultation in accordance with clause 6.

    3. Either Party may terminate these Terms if the other Party breaches a material term of these Terms, and that breach has not been remedied within 10 business days of the Party in breach being notified by the other Party of the breach and the steps required to remedy the breach.

    4. We may discontinue our Services and terminate these Terms at any time by providing you with 10 business days written notice. 

    5. On termination or expiry of these Terms, and without limiting our rights under these Terms or at law, you agree:

      1. to pay us all amounts due and payable to us under these Terms (including for all Consultations provided by us up to the date of termination), as a debt immediately due and payable; and 

      2. that where these Terms are terminated by us in accordance with clause 12.4, we will refund you any amounts paid by you to us for services not actually rendered by us. 

    6. The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.

    7. This clause will survive the termination or expiry of these Terms. 

  3. Collection Notice

    1. We collect personal information about you so that we can provide our Services to you, answer any enquiries you submit to us, deliver our website to you and for other purposes set out in our Privacy Policy. 

    2. We may disclose that personal information to third-party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide your personal information, we may not be able to provide our Services and/or the Site to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside New Zealand. 

    3. We will only disclose your personal information to overseas recipients if: 

      1. you have authorised the disclosure after we expressly informed you that the overseas recipient may not be required to protect the personal information in a way that, overall, provides comparable safeguards to those in the Privacy Act 2020;

      2. we believe the overseas recipient is subject to the Privacy Act 2020;

      3. we believe that the overseas recipient is subject to privacy laws or is otherwise required to protect personal information in a manner that, overall, provides comparable safeguards to those in the Privacy Act 2020; or

      4. we are otherwise permitted to under applicable law. 

    4. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

    5. By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

  4. General

    1. This clause will survive termination of these Terms.

    2. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 

    3. Competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for the Liability we suffer and hold you accountable for any profits that you may make from non-permitted use. 

    4. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). 

    5. Governing law: These Terms are governed by the laws of New Zealand. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. We make no representation that the Site or the Services comply with the laws (including intellectual property laws) of any country outside of New Zealand. If you access the Site or Services from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place you access the Site and Services. 

    6. No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

    7. Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when signing up for our Services. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 3 business days in the case of a post or at the time of transmission in the case of transmission by email (or, where the time of transmission is not on a business day, 9 am on the next business day).

    8. Referrals: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services or failure to advise or provide services.

    9. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

    10. Third-Party Sites: Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. 

    11. Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Site or our Services after such modification, you agree to the amended terms. 

    12. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing. 

For any questions and notices, please contact us at:

Ally Wohlers t/a Ally In Abundance NZBN 9429048458788 

Email: allyinabundance1@gmail.com 

Last update: 18 May 2021

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