General statement
1.1 New Zealand Wholistic Health and Wellbeing Company Ltd trading as Vitality Works owns and operates the website and the content located at https://wellbeing360.co.nz (Website).
1.2 These terms and conditions (Terms and Conditions) govern the relationship between VW (you or your) who:
1. Use and navigate the Website (Website);
2. Use and access the Wellbeing360 health assessment;
3. View or print the health assessment report and;
4. Collectively, use any of these features (Website Features).
1.3 By visiting the Website and using the Website Features (including by accessing any linked pages or information owned by New Zealand Wholistic Health and Wellbeing Company Ltd trading as Vitality Works and you agree to be bound by and abide by these Terms and Conditions and any other applicable terms and conditions that we require you to agree to. If you do not accept these Terms and Conditions, or any other applicable terms and conditions, you must refrain from using the Website and its Website Features.
2 This Website does not provide medical advice
2.1 The information contained on the Website and provided as part of the Website Features:
1. Is not medical advice and is provided for educational and information purposes only;
2. Is not intended to make any claim in relation to therapeutic effect, and;
3. Is not intended nor implied to be a substitute for medical advice, diagnosis and treatment from registered medical practitioners and healthcare professionals.
2.2 Content contained in the Website and provided through the Website Features is not intended to be used to diagnose, treat, cure or prevent any disease or condition, or intended to be relied on for therapeutic purposes. No person should act in reliance on any statement contained in the content provided on the Website and the Website Features (except to consult a registered medical professional when recommended).
2.3 If, after using any of the Website Features, you have any questions concerning the suitability or appropriateness of any of the information provided to you, you should consult your registered medical practitioner or healthcare professional.
2.4 You should not delay or disregard seeking medical advice, or cease or commence pursuing a particular course or form of treatment on the basis of any information provided to you on the Website, or conveyed to you as part of any of the Website Features. Your registered medical practitioner or healthcare professional is responsible for diagnosing you and advising you of the appropriateness or suitability of treatment options for you.
3 Using the Website
3.1 Your use of the Website and participation in the Website Features is voluntary and any information, personal or otherwise, contributed to the Website is provided voluntarily by you. You may discontinue your use of, and your participation in, the Website or any Website Feature at any time.
3.2 Unless we agree otherwise in writing, you are provided with access to the Website and Website Features only for your personal use. You are authorised to print a copy of any information contained on the Website. You must not otherwise modify, copy, reproduce, republish, frame, upload, post, transmit, distribute or provide a link to the contents of the Website in any way, except as expressly permitted by the Website, or with the written authorisation of New Zealand Wholistic Health and Wellbeing Company Ltd trading as Vitality Works.
3.3 Access to the Website, including to your Account, may be terminated at any time by us without notice. These Terms and Conditions and any other applicable terms and conditions will survive any such termination.
3.4 You agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions, or by laws, which apply to you. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website. You may not obtain or attempt to obtain any materials or information through any means not made available or provided to you through the Website.
3.5 New Zealand Wholistic Health and Wellbeing Company Ltd trading as Vitality Works will deal with your personal and sensitive information that you provide to us as part of establishing and maintaining an Account in accordance without our Privacy Policy on our website.
4. Link a device
4.1 As part of the link a device feature (Link a device), we will collect data or data may be provided from integrated third-part applications, programs and/or devices (Devices) that you may elect to use in connection with the Website.
4.2 When you choose to integrate a Device, you consent to provide us with access to some or all of the data and/or other information from the Device.
4.3 Devices are not designed or manufactured by New Zealand Wholistic Health and Wellbeing Company Ltd trading as Vitality Works. All support for Devices is provided by the Device provider. We do not warrant and are not responsible for the quality, use of operation of the Device, and your use of any such Device is governed by separate terms of use and privacy policy by the Device provider.
4.4 You should review the privacy policy from the Device provider prior to using the Device or allowing access to any information from the Device.
5 Intellectual property
5.1 Unless otherwise specified, all intellectual property, including copyright, in the content of the Website and the Website Features (including text, graphics, logos, icons, sound recordings and software associated or used in connection with the Website and the Website Features) is owned or used under license by New Zealand Wholistic Health and Wellbeing Company Ltd trading as Vitality Works. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1994 and similar legislation, which applies in your jurisdiction, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:
1. Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or the Website Features; or
2. Commercialise any information or services obtained from any part of the Website or the Website Features, without our written permission.
5.2 If you believe that any content on the Website infringes your copyright, you should contact us in accordance with clause 10 of these Terms and Conditions with the particulars of the alleged infringement, including the work you believe has been infringed, how and where the alleged infringement has taken place and your contact details.
6 Linked websites
6.1 The Website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not be accurate, current or maintained.
6.2 We are not responsible for the content or privacy practices associated with linked websites.
6.3 If a link to a Linked Website is not functioning, please notify us immediately of the details provided at clause 18 of these Terms and Conditions.
6.4 Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any content, information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary. We do however, develop, document, and follow specific policies and procedures for evaluating and choosing sites with which to link. Linked Websites are reviewed for appropriateness at least annually.
7 Privacy
New Zealand Wholistic Health and Wellbeing Company Ltd trading as Vitality Works considers your privacy to be of the utmost importance. We have developed a Privacy Policy to inform you of how we manage your personal information and maintain its integrity and security. 'Personal information' generally means any kind of information in any form about a person that identifies that person and includes sensitive information such as health information. We undertake to comply with the terms of our Privacy Policy in respect of any information you provide to us through the Website or as part of the Website Features, including your personal information and sensitive information. Our Privacy Policy can be accessed on our website.
8 Governing law
These Terms and Conditions are governed by and construed in accordance with New Zealand law – depending on where you originated your information – without regard to conflict of laws principles. By visiting and using this Website and its Website Features, you irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New Zealand – depending on where you originated your information – and the courts that hear appeals from those Courts (to the exclusion of the courts or tribunals of any other jurisdiction) in connection with any dispute or claim arising from these Terms and Conditions, the Website or the Website Features of the Website.
9 General
9.1 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be notified on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the amended Terms and Conditions.
9.2 If any provision of these Terms and Conditions is found to be unenforceable for any reason, then that provision shall be deemed deleted from these Terms and Conditions and all other provisions shall remain in full force and effect.
9.3 No waiver by us of any breach of these Terms and Conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by us, our related entities, employees or agents (which but for this clause ought or might amount to a waiver of our rights in respect of any such breach or default) does not operate as a waiver in any way of our rights and powers in respect of such breach or default.
9.4 We are not liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay or failure is due to circumstances beyond our reasonable control, which results in us being unable to observe or perform on time an obligation under these Terms and Conditions, including, without limitation, acts of God, acts of government or acts of third parties (including war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, Internet failure, equipment failure or strike or lockout).
9.5 These Terms and Conditions and any warranties implied by law, which are not capable of being excluded or modified, embody the whole agreement between you and New Zealand Wholistic Health and Wellbeing Company Ltd trading as Vitality Works and supersede any prior arrangement, understanding or representation between us.
10 More information about
You can access more information about New Zealand Wholistic Health and Wellbeing Company Ltd trading as Vitality Works at the Website at www.vitalityworks.co.nz
11 Communications, complaints and notices
11.1 To contact us, give us feedback, make a complaint or give notices to New Zealand Wholistic Health and Wellbeing Company Ltd trading as Vitality Works you can contact us by email at info@vitalityworks.co.nz