Mindfully You

Terms & Conditions

THESE TERMS

These terms and conditions govern the way in which we supply products and services to you, including any e-learning courses.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. All rights not expressly granted in these terms are hereby reserved.

You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time.

INFORMATION ABOUT US AND HOW TO CONTACT US

We are For the Love of Limited, trading as Be More You, a company registered in New Zealand.

You can contact us using the contact details in our website bemoreyou.co.nz.

1. GRANT OF LICENCE

In consideration of your payment, we hereby grant you a licence to use the purchased e-learning courses (“the Products”). This licence is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms.

This licence is personal to you and cannot be shared or exchanged with others.

2. GENERAL

We develop, distribute and maintain the Products and will also provide you with course access details. We will also manage your access to the Products and provide support to you, where necessary.

You shall not copy, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials.

We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the materials will be error free, including technical inaccuracies.

3. ACCESS TO MATERIALS

The starting date of your access to the Products is  the date that you first have access. And you will have access to the Products for 12 calendar months from the starting date of your access. It is your responsibility to ensure that you complete the content within the allocated time period. If you do not think this will be possible, then extensions of time are available for purchase at an additional cost and subject to availability.

We will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.

Our aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate.

Where your access to the Products is restricted for any of the above reasons, we may provide you with a free extension of time at our sole discretion.

4. PRICING AND PAYMENT

We use third party payment provider PayPal to take payments for the Products. Payment for the Products must be made at the point of purchase.

You agree to provide payment for the Products in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that we must receive your payment in full before providing you with access to the Products.

Your payment includes the licensing of the Products for a limited period of time that is appropriate for the e-learning content. We are unable to provide a refund if you fail to complete the content within the allocated time, except at our absolute and sole discretion.

We reserve our right to review and change the pricing of any of our products. This will not affect products that have already been purchased.

5. CANCELLATION REFUNDS AND RESTRICTION POLICY

The Products will be supplied in accordance with the requirements of New Zealand Consumer law.

Refunds will be provided only to the extent required under New Zealand Consumer Law.  For the avoidance of doubt, refunds will not be provided for any additional reasons including change of mind.

Where Products are delivered to you immediately, you will not have the right to change your mind. In other cases, you may change your mind within fourteen (14) days of purchase, so long as materials have not been provided to you, downloaded, streamed or otherwise accessed. If you do wish to cancel, please contact us via email.

It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements.

We may restrict your access to the Products if you breach these terms, including without limitation:

a) A failure to make any payment due to us; or

b) Failure to provide accurate information that is necessary for us to provide the Products to you.

In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the Products will be restricted.

6. INTELLECTUAL PROPERTY AND CONFIDENTIALITY

All rights, title and interest in intellectual property rights relating to the Products including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by us. While you may utilise the intellectual property, you understand that there shall be no transfer of ownership of the same.

Nothing that you see or read in the Products may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use.

All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.

We will collect information and data from you including but not limited to: email correspondence; personal details; payment information; and information provided by you or obtained via our website.

All data collected from you will be kept strictly confidential and will only be disclosed (i) to our employees, subcontractors or third party providers in order to facilitate provision of the Products or this agreement, (ii) with your consent, or (iii) as required by law, regulatory body or coaching industry requirements.

You acknowledge and agree that data may be transferred to our employees, third party providers and subcontractors outside of New Zealand in order to facilitate the provision of Products.

We will exercise due caution in the selection of employees, third party providers and subcontractors to whom disclosures of your information will be made, and we shall ensure that these individuals and entities are made aware of the confidential nature of the information.

7. LIABILITY

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will happen or if we are both aware it might happen, such as where you have discussed the possibility with us during the sales process.

We are not liable to you in any way for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses.

We do not exclude or limit our liability to you in any case where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.

You take full responsibility for your life and well-being, as well as the lives and well-being of your family and children (where applicable), and all decisions made during and after this program.  

You expressly assume the risks of the Products, including (but not limited to) the inherent risks in making any lifestyle or health changes.

You agree that your liability for the Services is governed solely by New Zealand Consumer Law and these Terms. Nothing in these Terms remove your statutory rights as a consumer under New Zealand Consumer Law.

To the extent possible at law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Products or this  Agreement except those set out in this Agreement.

Our liability to you for is limited to the amount you have paid for the Products. In no event shall we be liable for damages in excess of this sum.

You are liable for and agree to indemnify us in respect of any loss or liability we suffer, incur or are liable for as a result of (i) any information given to us by the you that is not accurate, up to date or complete or is otherwise misleading; or (ii) any breach of these Terms.

You agree to cooperate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of the your use of the Products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information given by you to us.

The obligations under this clause will survive termination of these Terms.

8. ACKNOWLEDGEMENTS AND DISCLAIMER

You understand and acknowledges that we are providing the Products at the agreed fee and that you understand and acknowledge that:

The Products do not constitute advice, counselling, psychotherapy, psychoanalysis, general therapy or medical assistance and do not deal with the diagnosis or treatment of medical or emotional problems;

We are not counsellors, psychologists, psychiatrists, mental health professionals or otherwise medically trained. We are not medically qualified to assess or advise on physical or mental conditions. If you are  in any doubt, you will seek expert medical or mental health advice before using the Products;

We are not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional.  Any information given by us or the Products is not intended to take the place of advice given by these professionals;

if you are under the care of a healthcare professional or currently use prescription medications, you will discuss any potential lifestyle or dietary changes with you health care professional and will not discontinue any prescription medications or make any such similar changes without first consulting the health care professional;

the role of the Products is not to prescribe or assess your health, provide health care, medical, nutritional, psychological or general therapy services, treat or cure any disease, condition, or other physical or mental ailment of the human body; and

We do not guarantee or warrant any specific result or benefit to you as a result of purchasing and/or using the Products.

9. OTHER IMPORTANT TERMS

You need our consent to transfer your rights under these terms to someone else. We may not agree to this as these terms grant a licence for your benefit only.

Nobody else has any rights under these terms – they are between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of these terms illegal, then rest will continue in force.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

10. GOVERNING LAW

These terms are governed by and construed in accordance with the laws of New Zealand and you can bring legal proceedings in the New Zealand  courts.

Last update on 19 July 2018