Terms and conditions of “Feel One’s Zest” website use

Introduction
1.1    These terms and conditions shall govern your use of our website.
1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3    If you register with our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4    You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5    Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.


2.    Credit
2.1    This document was created using a template from SEQ Legal (https://seqlegal.com).


3.    Copyright notice
3.1    Copyright (c) 2023 Feel One’s Zest.
3.2    Subject to the express provisions of these terms and conditions:
(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.


4.    License to use website
4.1    You may:
(a)    view pages from our website in a web browser;
(b)    download pages from our website for caching in a web browser;
(c)    print pages from our website;
(d)    stream audio and video files from our website; and
(e)    use our website services by means of a web browser,
    subject to the other provisions of these terms and conditions.
4.2    Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3    You may only use our website for your own personal, and you must not use our website for any other purposes.
4.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5    Unless you own or control the relevant rights in the material, you must not:
(a)    republish material from our website (including republication on another website);
(b)    sell, rent or sub-license material from our website;
(c)    show any material from our website in public;
(d)    exploit material from our website for a commercial purpose; or
(e)    redistribute material from our website.
4.6    Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.


5.    Acceptable use
5.1    You must not:
(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e)    access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f)    violate the directives set out in the robots.txt file for our website; or
(g)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.


6.    Registration and accounts
6.1    To be eligible for an account on our website or our prescription partners under this Section 6, you must be resident or situated in New Zealand.
6.2    You may register for a prescription account with our website/Naturopath by completing and submitting the account registration form and entering the unique verification link in the email that our prescription partners website will send to you.
6.3    You must not allow any other person to use your account to access the prescription partners website.
6.4    You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5    You must not use any other person's account to access the prescription partner’s website.


7.    User login details for Prescription Account
7.1    If you register for an account with our prescription partner website, you will be asked to choose a user ID and password.
7.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3    You must keep your password confidential.
7.4    You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5    You are responsible for any activity on our prescription partner’s website arising out of any failure to keep your password confidential and may be held liable for any losses of income arising out of such a failure.
7.6   You are financially responsible for all purchases made under your account with our prescription partner’s account. No credit is available on accounts and all purchases are to be settled immediately prior to shipment.


8.    Cancellation and suspension of Prescription account
8.1    We may:
(a)    suspend your account;
(b)    cancel your account; and/or
(c)    edit your account details,
    at any time in our sole discretion without notice or explanation.
8.2    You may cancel your prescription account with us by notifying us in writing.


9.    Your content: license
9.1    In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].
9.2    You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free license] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].
9.3    You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6    You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
 
10.    Limited warranties
10.1    We do not warrant or represent:
(a)    the completeness or accuracy of the information published on our website;
(b)    that the material on the website is up to date; or
(c)    that the website or any service on the website will remain available.
10.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
10.3    To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.


11.    Limitations and exclusions of liability
11.1    Nothing in these terms and conditions will:
(a)    limit or exclude any liability for death or personal injury resulting from negligence;
(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;
(c)    limit any liabilities in any way that is not permitted under applicable law; or
(d)    exclude any liabilities that may not be excluded under applicable law.
11.2    The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a)    are subject to Section 11.1; and
(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
11.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).


12.    Breaches of these terms and conditions
12.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a)    send you one or more formal warnings;
(b)    temporarily suspend your access to our website;
(c)    permanently prohibit you from accessing our website;
(d)    block computers using your IP address from accessing our website;
(e)    contact any or all of your internet service providers and request that they block your access to our website;
(f)    commence legal action against you, whether for breach of contract or otherwise; and/or
(g)    suspend or delete your account on our website.

12.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).


13.    Variation
13.1    We may revise these terms and conditions from time to time.
13.2    We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
13.3    If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.


14.    Assignment
14.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.


15.    Severability
15.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


16.    Third party rights
16.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
16.2    The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.


17.    Entire agreement
17.1    Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.


18.    Law and jurisdiction
18.1    These terms and conditions shall be governed by and construed in accordance with New Zealand law.
18.2    Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of New Zealand.


19.    Statutory and regulatory disclosures
19.1    We are registered with the New Zealand Companies Office; and our registration number is NZBN 9429048866743.
19.2    We are subject to complying under Naturopathic Scope of Practice, which is supervised by the Professional bodies.
19.3    We are registered as Naturopaths & Medical Herbalists with Naturopaths & Medical Herbalists (Inc) in New Zealand and are subject to their Scope of Practice, which can be found at https://naturopath.org.nz/what-is-naturopathy/scope-of-practice/ .
19.4    We subscribe to The Clinical Nutrition Association’s codes of Ethics and Rules of Practice, which can be consulted electronically at https://nutritionists.org.nz/code-of-ethics/ .
19.5    We are NOT GST Registered.
20.    Our details
20.1    This website is owned and operated by Kim Cunnington T/A “Feel One’s Zest”.
20.2    We are registered in New Zealand under business registration number 9429048866743, and our registered office is at the New Zealand Companies Office.
20.3    Our principal place of business is Carterton, New Zealand
20.4    You can contact us:
(a)    using our website contact form;
(b)    by telephone, on the contact number published on our website from time to time; or
(c)    by email, using the email address published on our website from time to time.

Our Cookies policy

1.    Introduction
1.1    Our third party websites use cookies.
1.2    Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.


2.    Credit
2.1    This document was created using a template from Docular (https://seqlegal.com).


3.    About cookies
3.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
3.2    Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
3.3    Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.


4.    Cookies used by our service providers
4.1    Our service providers use cookies, and those cookies may be stored on your computer when you visit our website.
4.2    We use Google Analytics. Google Analytics gathers information about the use of our website by means of cookies. The information gathered is used to create reports about the use of our website. You can find out more about Google's use of information by visiting https://www.google.com/policies/privacy/partners/ and you can review Google's privacy policy at https://policies.google.com/privacy.


5.    Managing cookies
5.1    Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a)    https://support.google.com/chrome/answer/95647 (Chrome);
(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c)    https://help.opera.com/en/latest/security-and-privacy/ (Opera);
(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e)    https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and
(f)    https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy .
5.2    Blocking all cookies may have a negative impact upon the usability of many websites.


6.    Cookie preferences
6.1    You can manage your preferences relating to the use of cookies on our website by clicking on the drop-down link which appears on the cookies pop-up.


7.    Our details
7.1    This website is owned and operated by Feel One’s Zest.
7.2    We are registered in New Zealand under registration number 9429048866743, and our registered office is at New Zealand Companies Office.
7.3    Our principal place of business is Carterton, New Zealand.
7.4    You can contact us:
(a)    using our website contact form;
(b)    by telephone, on the contact number published on our website; or
(c)    by email, using the email address published on our website.

Medical information disclaimer

1.    Credit
1.1    This document was created using a template from Docular (https://docular.net).


2.    No advice
2.1    Our website contains general medical information.
2.2    The medical information is not advice and should not be treated as such.


3.    No warranties
3.1    The medical information on our website is provided without any representations or warranties, express or implied.
3.2    Without limiting the scope of Section 3.1, we do not warrant or represent that the medical information on this website:
(a)    will be constantly available, or available at all; or
(b)    is true, accurate, complete, current or non-misleading.


4.    Medical assistance
4.1    You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.
4.2    If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
4.3    If you think you may be suffering from any medical condition, you should seek immediate medical attention.
4.4    You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.


5.    Interactive features
5.1    Our website includes interactive features that allow users to communicate with us.
5.2    You acknowledge that, because of the limited nature of communication through our website's interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
5.3    Any assistance you may receive using any our website's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.


6.    Limits upon exclusions of liability
6.1    Nothing in this disclaimer will:
(a)    limit or exclude any liability for death or personal injury resulting from negligence;
(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;
(c)    limit any liabilities in any way that is not permitted under applicable law; or
(d)    exclude any liabilities that may not be excluded under applicable law.


Using everyday Foods to Unlock

your true vibrant health potential 

Feel One's Zest© {2023}

Carterton, New Zealand

Ph: 021 082 00858

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