Terms & Conditions
ONLINE PROGRAMMES, VIDEOS & TRAINING
NZ Real Health, Grace, Grit & Gratitude, Creative Action, Ange Noy and our Online Coaches strongly recommend that you consult with your physician before beginning any exercise program. You should be in good physical condition and be able to participate in the exercise.
You should understand that when participating in any exercise or exercise programme, there is the possibility of physical injury. If you engage in an exercise or exercise programme associated with NZ Real Health, Grace, Grit & Gratitude, Creative Action, Ange Noy and our Online Coaches, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge NZ Real Health, Grace, Grit & Gratitude, Creative Action, Ange Noy and our Online Coaches from any and all claims or causes of action, known or unknown, arising out of NZ Real Health, Grace, Grit & Gratitude, Creative Action, Ange Noy and our Online Coaches' negligence.
TERMS AND CONDITIONS OF USE OF SITE
Please ensure that you read carefully through the following terms and conditions before using this Site.
- Application and Termination
1.1. By accessing this Site you agree to be bound by these terms and conditions and all other applicable laws. If you do not agree to be bound by these terms and conditions please do not use this Site.
1.2. These terms and conditions:
1.2.1. Apply to you upon your accessing this Site.
1.2.2. May be changed or terminated by NZ Real Health Ltd. or Grace, Grit & Gratitude without notice, for any reason and at any time. You agree that NZ Real Health Ltd. and Grace, Grit & Gratitude have no obligation to inform you of these changes and that it is your responsibility to establish whether the terms and conditions have been so changed. If you disagree with any changes then you must stop using the Site immediately.
1.3. The provisions in these terms and conditions relating to disclaimer, copyright, trademark, limitation of liability, indemnity, hypertext links, severance and law and jurisdiction shall survive any termination.
2.1. This Site and the materials, products and services in this Site are provided on an “as is” and “as available” basis.
2.2. To the full extent permitted at law NZ Real Health Ltd. and Grace, Grit & Gratitude make no (and expressly disclaims all) representations or warranties, express or implied in respect of this Site or its contents or the contents, advice and opinions of any Hypertext Link or third party contributor to this Site, including, but not limited to, implied warranties as to quality, accuracy, adequacy, usefulness, timeliness, reliability, merchantability and fitness for a particular purpose and non infringement of the contents of this Site or any goods or services purchased or obtained or any transactions entered into by you through this Site.
2.3. NZ Real Health Ltd. and Grace, Grit & Gratitude do not represent or warrant that the material or any of the functions contained in this Site or the contents of any hypertext link or any comments, advice or opinions by any third party contributor to this Site will be uninterrupted, accurate, complete or that current defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components.
3.1. You agree that all copyright, trademarks and other intellectual property rights in the material or content of this Site shall remain at all times vested in NZ Real Health Ltd., Grace, Grit & Gratitude or their licensors.
3.2. You agree that the content of this Site is made available for you in your personal capacity and for your personal use only, and not for any commercial use. You agree that you may only download the content of this Site onto one computer hard drive, but not for commercial use, and that any other use of the content of the Site is strictly prohibited.
3.3. You agree that you will neither solely or jointly with or on behalf of any other third party directly or indirectly copy, reproduce, transmit, distribute, publish, display, commercially exploit or create derivative works of the content of the Site.
3.4. You agree that you will not change in any way any proprietary notices from material down loaded from this Site by you for your non commercial personal use.
3.5. You agree that by the act of posting materials onto this Site you grant NZ Real Health Ltd., Grace, Grit & Gratitude and any licensors an irrevocable, perpetual, royalty free worldwide licence to use the said materials in any manner which NZ Real Health Ltd. and Grace, Grit & Gratitude see fit. The licence will include broadcasting, editing, copying distributing and otherwise transmitting the material.
The trademarks and logos and service marks used and displayed on this Site are, unless otherwise specified, the trademarks or NZ Real Health Ltd. and Grace, Grit & Gratitude. No rights are granted to use any of them without the written permission of NZ Real Health Ltd. or Grace, Grit & Gratitude.
- Limitation of Liability
5.1. With the exception of death or personal injury resulting from the negligence of NZ Real Health Ltd. and Grace, Grit & Gratitude, and to the fullest extent permitted by law, you agree that NZ Real Health Ltd. and Grace, Grit & Gratitude shall not be liable in negligence, contract, tort, statutory duty or in any other way for any of the following:
5.1.1. Any loss or damage caused of whatever nature arising directly or indirectly from or in any way related with the Site, or
5.1.2. Your reliance or use of any information or material obtained either directly or indirectly from the use of the Site, or
5.1.3. Any purchases or orders that you make for goods and/or services either indirectly or directly through this Site, including any damage for loss of profits or loss of business without limitation, or
5.1.4. Any other consequential or pecuniary loss in any way related to the use of this Site.
5.2.v Condition 5.1 shall apply even if NZ Real Health Ltd. and Grace, Grit & Gratitude have been advised of the possibility of such loss or damage.
5.3. You acknowledge that any dealings, bookings or purchases or goods or services made with a third party by you through this Site shall be subject to the terms and conditions of that third party and that NZ Real Health and Grace, Grit & Gratitude will not be a party to or in any way responsible for or liable to you in respect of any transactions between you and that third party.
5.4. You agree that it is your sole responsibility to evaluate any goods or services offered by this Site or by any third parties via this Site.
5.5. NZ Real Health Ltd. and Grace, Grit & Gratitude are unable and therefore do not make any representations or warranties as to the security of information that you pass to any third parties as a result of using this Site either directly or indirectly.
5.6. You acknowledge that NZ Real Health Ltd. and Grace, Grit & Gratitude have no control over the information which can be accessed on this Site or which can be accessed by any other web site which you access as a result of using this Site.
5.7. You acknowledge that NZ Real Health Ltd. and Grace, Grit & Gratitude do not know or examine the use to which you or other users put this Site or the nature of the information you or other users are sending or uploading.
5.8. NZ Real Health Ltd. and Grace, Grit & Gratitude therefore excludes all liability of whatever kind and to the fullest extent permitted by law (this includes libel, breach of confidence, invasion of privacy, negligence and all intellectual property infringements) for the transmission or reception of information which can be accessed by this Site of whatever nature by about or to you.
5.9. The information on NZ Real Health Ltd. and Grace, Grit & Gratitude must not be taken to be the provision or practice of medical advice or services, nor a substitute for medical advice, diagnosis or treatment. If you have questions, concerns about your health or treatment or would like further information, contact your doctor.
6.1. NZ Real Health and Grace, Grit & Gratitude may serve notice on you by any of the following means:
6.1.1. Electronic mail.
6.1.2. A general notice on the Site.
6.1.3. Notice in writing delivered by first class mail to the address which you have provided for us.
- Hypertext Links
7.1. NZ Real Health Ltd. and Grace, Grit & Gratitude may provide a link from their own Site to other web sites. Furthermore, NZ Real Health Ltd. and Grace, Grit & Gratitude may direct electronic mails to persons chosen by you, however you agree that NZ Real Health and Grace, Grit & Gratitude have no control over these Electronic mails or Hypertext Links (or any other third party link) and that you use these links or forwarding mechanisms entirely at your own risk.
7.2. You agree that NZ Real Health Ltd. and Grace, Grit & Gratitude has no responsibility or liability for the content or any policies of any Hypertext Links (or any other third party link) as mentioned in 7.1 above.
- Use of the site
If this Site contains bulleting boards, chat rooms or other message or communication facilities (collectively “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
8.1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
8.2. Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
8.3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights there to or have received all necessary consents.
8.4. Upload files that contain viruses, corrupted files, or any other similar software or programmes that may damage the operation of another’s computer.
8.5. Delete any author attributions, legal notices, or proprietary designations or labels on any file that is uploaded.
8.6. Falsify the original or source of software or other material contained in a file that is uploaded.
8.7. Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
8.8. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by NZ Real Health Ltd. or Grace, Grit & Gratitude and such communications shall not be considered, reviewed, screened or approved by NZ Real Health or Grace, Grit & Gratitude. NZ Real Health and Grace, Grit & Gratitude reserve the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. NZ Real Health and Grace, Grit & Gratitude reserve the right to deny in their sole discretion any user access in this Site or any portion thereof without notice.
You agree to keep NZ Real Health Ltd. and Grace, Grit & Gratitude indemnified against all actions, claims, costs, expense (including all legal costs) and damages brought against or suffered by NZ Real Health Ltd. or Grace, Grit & Gratitude arising out of any breach of these terms and conditions or any activity relating to your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your name or any other name with which you have registered under this Site.
- Persons under the age of 18
10.1. If you are under 18 years of age you agree that you have had your parents’ permission to send any information to us about yourself or anyone else over the internet.
10.2. NZ Real Health Ltd. and Grace, Grit & Gratitude make no representations or warranties to the effect that the contents of this Site are suitable for people under the age of 18.
If any of these terms and conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law such provision shall to the extent required be severed from the terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of this agreement and shall not in any way affect any other circumstances or the validity or enforcement of these terms and conditions.
- Law and Jurisdiction
These terms and conditions shall be governed by and construed in all respects in accordance with New Zealand law and the parties irrevocably agree that the Courts of New Zealand shall have exclusive jurisdiction in respect of any dispute, suit, action, arbitration or proceedings which may arise out of or in connection with these terms and conditions provided that NZ Real Health Ltd. and Grace, Grit & Gratitude have the right at their sole discretion to commence and pursue proceedings in any other jurisdiction or jurisdictions whether concurrently or not.
COMPETITION TERMS AND CONDITIONS
- Competitions and giveaways hosted by www.gracegritgratitude.co.nz are open to New Zealand residents only.
- NZ Real Health Ltd. is the promoter of all our competitions.
- Check your entry details carefully and ensure they are correct as prizes will be delivered according to the address provided on the entry sheet if we have asked for it. Competition winners may be notified by NZ Real Health, Grace, Grit & Gratitude or prize provider by email and/or mail to confirm details (address, size etc.) prior to prize distribution.
- If winners fail to respond to prizewinner emails sent out by NZ Real Health, Grace, Grit & Gratitude or the prize provider within 14 days to confirm winner details, the prize is then forfeited and we reserve the right to re-draw a new winner.
- Winner/s details may be passed on to prize provider to arrange for prize distribution.
- All prizes are drawn at random, unless otherwise stated. Once a competition has been drawn the decision is final and no other correspondence will be entered into.
- Employees, contractors or consultants of NZ Real Health Ltd. and Grace, Grit & Gratitude are ineligible to enter competitions on the Site.
- Individuals may enter each current competition once daily unless otherwise stated, and prizes will not be transferred or exchanged for cash.
- Entry ability for NZ Real Health Ltd. and Grace, Grit & Gratitude competitions may be subject to scheduled maintenance and any event or circumstance outside our reasonable control.
- Competition winners will be notified by email and/or mail. NZ Real Health Ltd. and Grace, Grit & Gratitude will take no responsibility for prizes or entries that are lost.
- NZ Real Health Ltd. and Grace, Grit & Gratitude reserve the right to use competition winners’ details for media and promotional purposes.
- Social media promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.
ONLINE SHOP TERMS
Issues or queries
If you have any problems, would like to ask a question or are not happy with any aspect of your purchasing experience, please email [email protected] so we can resolve any issue you have.
Please note that at this stage we only ship to addresses within New Zealand (therefore items are unavailable for international purchase). We charge two tiers of shipping within New Zealand - North Island/non-rural or South Island/rural - and most orders will be dispatched within 24-48 hours (Monday to Friday excluding public holidays) following the receipt of payment.
We use a non-signature required service as our standard service. This means that your package in a safe place and you do not have to been home to receive the package. From time of dispatch delivery can take anywhere between 1- 5 days depending on your location. Due to the current pandemic, there maybe further delay as courier services are unpredictable at the moment which is outside of our control.
Notes in your delivery instructions may or may not be followed by the deliverer, we are sorry we can not guarantee that instructions will be followed. If you require a signature, please specify it in the instructions during the checkout process.
We will not be held liable for any loss or damage arising from a late or missing delivery. A late delivery does not constitute reasonable means to cancel an order.
All products and services on this site are in NZD. Grace, Grit & Gratitude and NZ Real Health Ltd. reserve the right to change pricing at our discretion and without warning. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
We accept payment via PayPal and Stripe. All credit card payments can be processed by Paypal Secure Payment System or Stripe.
We are unable to accept payment by cash or cheque. If you wish to pay by internet banking, please contact [email protected] to determine if a manual transaction is an option for you. For physical products, extra time will be required before items will be shipped to allow for payments to clear.
Returns and exchanges
Your purchase is non-refundable so please buy mindfully. For clothing items we are happy to exchange items if you find the size isn't quite right. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.
For both physical and online products, if 30 days have gone by since your purchase, unfortunately we cannot offer you an exchange. For physical products to be eligible for an exchange, your item must be unused and in the same condition that you received it. It must also be in the original packaging if applicable.
We recommend using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item.
If you wish to cancel your recurring membership, you must log in to the website and do it via your dashboard before the next rollover date to prevent additional payments going through. Your membership will continue for the duration you have paid for (as per your previous payment) and terminate on your next rollover date.
If you are not able to do this for whatever reason, please email us as soon as possible to [email protected] to avoid being charged for your next billing cycle.
Faulty or damaged items
Very occasionally a physical item may arrive damaged or with a fault. We will happily meet our obligations under the Consumer Guarantees Act if our products have been wrongly described, develop a fault or are not fit for the purpose described to replace the item. Please contact us with details of the fault and a photo of the problem if possible/applicable to [email protected].
Replacement items are subject to availability, and if we do not have that particular item stocked we will keep you informed as to when delivery will be made. Please ensure all damaged goods are returned in their original and unused condition, with their original packing within 7 days of receipt of delivery.
If the item has been damaged in transit, please let us know immediately and we will contact the delivery company directly to sort out any claims.
Please understand that handmade items may have inconsistencies across similar products or small imperfections as they are not made by machines on a production line, so please choose your items carefully bearing this in mind.