Welcome to Life with Health Limited's ("Life with Health") website. These Terms and Conditions apply to your use of:
(a) the Life with Health website at www.lifewithhealth.co.nz (“Website”);
(b) any other Life with Health website, page or application used to gather your details or send you email notifications relating to Life with Health and its products; and
(c) any social media website or page, containing pages or content established by, or associated with Life with Health, including, but not limited to:
(i) Facebook and
(ii) Twitter and (iii) Instagram
("the Internet Sites")
By accessing or using any one or more of the Internet Sites you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must cease accessing the Internet Sites immediately.
Life with Health reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.
4. Proprietary Notices
In the event that you are granted permission by Life with Health to use any content from the Internet Sites other than for personal use, subject to any contrary agreement you reach with Life with Health, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
While Life with Health endeavours to take all reasonable and appropriate care in the preparation of the content on the Internet Sites and has no reason to believe that any information contained on the Internet Sites is inaccurate, Life with Health does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. Life with Health does not undertake to keep the Internet Sites updated, Life with Health does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Internet Sites including without limitation where such loss or damage as a result of or contributed to by the negligence of Life with Health.
6. Posting Policy
The following provisions apply to any comments, statements, blogs, feedback or interactions that you wish to post and are posted ( “Posts”) on any of the Internet Sites.
(a) Life with Health reserves the right without notice or explanation to:
(i) not allow the posting of any specific Post; and
(ii) edit any specific Post; or
(iii) remove any Post
(b) Personal abuse, foul language, inappropriate subject matter or discriminatory remarks of any nature will not be tolerated;
(c) You agree to indemnify Life with Health on demand for any loss or costs of whatever nature suffered by Life with Health whether direct or consequential as a result of any breach by you of the paragraphs (a) and (b) above.
7. Inappropriate Posts
Life with Health has very strict policies in place which govern Posts on the Internet Sites by users. These policies are intended to ensure that only fair, factual and accurate comments and statements are posted by users. If you believe that any Post included on any of the Internet Sites is inaccurate or inappropriate, please contact us immediately and we will do our best to resolve the issue.
Life with Health can be contacted in any of the following ways:
Unless explicitly stated otherwise the comments or statements posted on the Internet Sites by others do not represent the opinions of Life with Health regardless of whether Life with Health may have edited or formatted such comments or statements in the course of their being posted on the Internet Sites.
10. Genuine Opinion
To the best of Life with Health’s knowledge, all comments or statements made on the Internet Sites represent the genuine opinion of the authors of such comments or statements.
11. Linked Websites and Third Party Information
Internet Sites may contain links to other websites (“Linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Life with Health is not responsible for the content or privacy practices associated with linked websites. Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by use of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary. The Internet Sites may contain information which is obtained from third parties and which those third parties or Life with Health may post on the Internet Sites from time to time. Such information is provided for convenience only and Life with Health does not necessarily endorse the products or services referred to in the information.
Life with Health requires that you obtain the prior written approval of Life with Health before providing any link to the Website. Where such approval is given, you further agree that you will not use any Life with Health logo, trademark or other proprietary graphics as part of such link without the express prior approval of Life with Health.
You must take your own precautions to ensure that the process which you employ for accessing the Internet Sites, and/or downloading any information from the Internet Sites, does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system, telecommunications equipment or other property. Life with Health does not accept responsibility for any interference or damage to your computer system or telecommunication equipment which may arise in connection with your use of the Internet Sites or any linked website.
14. Exclusion of Warranty
To the fullest extent permitted by law, in relation to your access and use of the Internet Sites any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded. Life with Health further notes that the information accessed through the Internet Sites is to inform you of Life with Health’s range of products and their use. Life with Health does not engage in offering professional medical or health advice. The information accessed through the Internet Sites is not intended to be complete or diagnose or treat a health problem or disease. If you have a health problem or suspect you have a health problem please consult your health care professional.
15. Exclusion of Liability
Under no circumstances will Life with Health, its employees or its agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Internet Sites or in respect of any failure or omission on the part of Life with Health to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the Internet Sites.
16. Limitation of Liability
In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and Life with Health becomes liable for any loss or damage that would otherwise have been excluded, Life with Health’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Internet Sites is to be limited to $20 in New Zealand currency.
The Internet Sites are governed by and are to be interpreted in accordance with the laws of New Zealand and in all matters relating to or arising from your use of the Internet Sites, you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
18. Social Networking Sites
In the event of any problem with the Internet Sites or any content, you agree that your sole remedy is to cease using the relevant Internet Site.
20. Failure to Comply
Life with Health accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.
If Life with Health waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in force.
In the case of a breach of these Terms and Conditions by you or any other person, Life with Health is free to decide whether it wishes to take action for such breach, and if so when and how. Life with Health will not be prevented by passage of time or any other matter, from exercising its rights.
24. No Assignment
You may not assign any of your rights or obligations pursuant to these Terms and Conditions.
All Life with Health content on Internet Sites is protected. Life with Health Limited is either the owner or licensee of all rights to such content. All such rights are reserved.
If you have any queries in regard to these Terms and Conditions, please don’t hesitate to contact Life with Health.
The information accessed through:
(a) The Life with Health website at www.liewithhealth.co.nz;
(b) Any other Life with Health website, page or application used to gather your details or send you email notifications relating to Life with Health and its products; or
(c) Any social media website or page, containing pages or content established by, or associated with Life with Health, including but not limited to:
(i) Facebook and (ii) Twitter and (iii) Instagram
(“the Internet Sites”)
Is to inform you of our range of products and their use. Life with Health does not engage in offering professional medical or health advice. The information accessed through the Internet Sites is not intended to be complete or to diagnose or treat a health problem or disease. If you have a health problem or suspect you have a health problem, please consult your doctor or health advisor.
TERMS OF PURCHASE:
1. These Terms of Purchase will govern the purchase of any goods (“Goods”) you make from Life with Health (“Life with Health”, “us”, “we”) through the Life with Health website at www.lifewithhealth.co.nz (“Website”). You should read and ensure you understand these Terms of Purchase before ordering (“Order”) any Goods through this Website. If you do not agree with any of these Terms of Purchase you must not Order Goods through the Website.
Life with Health reserves the right to amend these Terms of Purchase from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms of Purchase as amended. Such amendments may include replacing these Terms of Purchase with entirely new Terms of Purchase.
You may Order Goods described on the Website for the price specified on the Website. All prices are expressed in New Zealand dollars and are inclusive of goods and services tax chargeable under the Goods and Services Tax Act 1985 (“GST”). Life with Health reserves the right to amend the prices of Goods from time to time without prior notice.
Your Order must contain your name, email address, credit card details, billing address, delivery address and any other ordering information specified on the Website.
You may not cancel an order once it has been submitted provided that Life with Health may reject your Order at any time and is not required to give reasons for rejecting your Order.
If we reject your Order for any reason, neither you nor we will be under any further obligation to the other arising out of your Order or our rejection of that Order.
If we reject your Order we undertake to reimburse you for any payments already received by us.
Delivery of the Goods to you will take place in the manner chosen by Life with Health unless agreed otherwise with you. Life with Health will not be liable for any delay in delivery of Goods ordered or non-delivery of Goods ordered, other than in accordance with the provisions of the Consumer Guarantees Act 1993.
Title in the Goods does not pass to you until payment has been received in full by Life with Health or its agent. You acknowledge that these Terms of Purchase create a security interest as defined in the Personal Property Securities Act 1999 (NZ) in favour of Life with Health in any Goods purchased from this Website, and that Life with Health may at any time register a financing statement on the Personal Property Securities Register to protect its security interest in the Goods. While Life with Health retains title to the Goods you must properly store the Goods and ensure the Goods are identifiable as Life with Health product.
(i) Payment must be effected in the manner described on the Website. Prices are inclusive of GST unless otherwise stated. Prices are, however, exclusive of other taxes, duties and charges imposed or levied in New Zealand or overseas in connection with the supply of the Goods.
(ii) Where payment is by credit card or debit card, you will be liable for all orders placed using your card.
(iii) By using Afterpay as your preferred method of payment, you are agreeing to Afterpay terms of service.
The Goods are offered for sale only to persons who can make legally binding contracts. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements for legally binding contracts) in relation to the use of the Website and the purchase of Goods from the Website. By placing an Order for Goods you represent that you are capable of making a legally binding contract and that the Goods purchased will be used in a lawful manner.
13. New Zealand Law
Details contained on the Internet Sites relating to Goods, including any descriptions or claims made in relation to Goods, have been prepared in accordance with New Zealand law and may not satisfy the laws or regulations of any other jurisdiction. We do not warrant that the details, descriptions or claims on the Internet Sites concerning Goods will satisfy the laws of any other jurisdiction. It is your responsibility to determine whether these details, descriptions and claims satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside New Zealand) and if the details, descriptions or claims do not satisfy the laws of your jurisdiction, you may not Order any Goods from the Website.
14. Combined Terms
These Terms of Purchase together with any additional terms and conditions contained in the invoice or any other similar document issued by Life with Health shall be the terms which govern your purchase of the Goods.
15. Possession and Risk
Possession and risk in the Goods shall pass to you upon delivery of the Goods to your agent or carrier or upon delivery of the Goods to the address supplied by you when placing an Order. If the Goods are found in the damaged situation upon delivered, please do not sign the acceptance and receive the Goods. Notify the situation to Life with Health at email@example.com within 8 hours, together with the invoice number.
16. Return of Unwanted Goods
Return of unwanted goods must be reported to Life with Health within 24 hours of their receipt together with the invoice number. Life with Health reserves the right to charge a handling fee of up to 20% of the original invoice value where those Goods are returned. An authorisation is required by Life with Health prior to the return of any Goods and Life with Health is under no obligation to grant any such authorisation. Any goods returned must be clean and free from price markings. Goods that have been damaged or are not resaleable may not be credited in full.
17. Defective Goods
If Goods are purchased on the Website, and those Goods do not conform to specification or are defective, then provided such Goods are returned together with the relevant invoice or shipping note to Life with Health, within 24 hours of the date of signed and accepted the Goods, Life with Health will at its option, replace such Goods or refund the purchase price.
18. Exclusion of Liability
Under no circumstances will Life with Health, its employees or its agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you, or by any other third party, whether direct or consequential (including, but without limitation, any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to Goods supplied pursuant to an Order placed on the Website or in respect of any failure or omission on the part of Life with Health to comply with its obligations as set out in these Terms of Purchase in respect of the sale of Goods to you. If you are using the Website or purchasing Goods for a business purpose, you agree that the Consumer Guarantees Act 1993 does not apply.
19. Limitation of Liability
In the event that any limitation or provision contained in these Terms of Purchase is held to be invalid or unenforceable for any reason and Life with Health becomes liable for any loss or damage that would otherwise have been excluded, Life with Health’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of the supply of the Goods pursuant to an Order is to be limited to the lesser of the value of goods comprised in an Order to which a claim relates; the cost of repairing or replacing defective Goods; and the actual loss or damage suffered by you. All other warranties, descriptions, representations and conditions as to fitness, suitability for any purpose or specific conditions, even though such conditions may be known to Life with Health, merchantable or otherwise, whether express or implied, and whether statutory or otherwise, are expressly excluded, except to the extent that such liability is required by law without right of exclusion.
20. Fitness for Purpose
You acknowledge that you have made your own investigations as to the fitness of the Goods for your purpose.
21. Notification of Problem
Life with Health shall not be liable for any damage, discrepancy or shortage in the Goods unless you notify Life with Health and the carrier within 24 hours of the time of delivery of the Goods.
If any provision of these Terms of Purchase is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Purchase and the remaining provisions shall continue in full force.
23. Goods Description and Availability
All descriptions of Goods, specifications, quantities and prices of Goods depicted on the Internet Sites are subject to change at any time without notice. Certain weights, measurements and similar descriptions are approximate and provided for convenience purposes only. Life with Health will make all reasonable efforts to accurately display the attributes of the Goods, including applicable colours; however, the actual colour you see will depend on your computer and we can not guarantee your computer will accurately display such colours. While Life with Health will use its best endeavours to ensure your Order is met, Life with Health provides no warranty as to the availability of Goods ordered on the Website. The accuracy relies on correct information and transparency from our supplier partners. We have strict guidelines that we communicate to our suppliers but subject to our obligations required by law, are not responsible if supplier information is revealed to be incorrect.
Please be aware that the ingredients in our products may change or vary from time to time. We rely on our suppliers to tell us if they make any changes to these, and this may take a few days to update on our site. We recommend you refer to the ingredient list on the product package you receive for the most up to date list of ingredients. We also recommend you review product ingredients when making a repeat order, as ingredients may change without this visually being obvious on our site, or on the front of product packaging.
24. Product expiry dates
Most products supplied to you will include an expiry date which will vary depending on the product. Our policy is to not dispatch any product within three months of its expiry date, unless otherwise stated on the product page or where the product is sold as part of a clearance promotion.
25. Product information
The information on this website is intended for your general information. It is not a substitute for medical advice from a health care professional and is not intended to diagnose, treat, cure or prevent any disease. Always consult your doctor or other qualified healthcare professional with any questions you may have regarding a medical condition. Do not disregard medical advice or postpone consultation with your health care professional because of information that you have read on this website. Always read the label of any supplements or natural health products you purchase and use only as directed. Vitamins and minerals are supplementary to and not a replacement for a balanced diet. Consult a health care professional if symptoms persist.
Reviews on the website are provided without compensation by users of our products and should be viewed in this context. Reviews are the experiences of real people with products they’ve used, not substantiated health claims. Individual results may vary.
If we delay or do not exercise any of our rights or remedies under these Terms of Purchase, that will not be a waiver of the right or remedy.
27. Retain a Copy
You should print out and retain or otherwise store a copy of these Terms of Purchase for your future reference.
If you have any queries in regard to these Terms of Purchase please don’t hesitate to contact us.
PROMOTIONS TERMS AND CONDITIONS:
1. Due to limited supply, some products are not eligible for this promotion.
2. The exclusion of a product from the promotion will be indicated on the relevant product page(s).