Terms & Conditions.

We provide various nutrition and health services, as shown on www.fend.health (our Services).

By accessing and using www.fend.health (the Website) or using our Services, including making a booking, you agree to be bound by these Terms and Conditions outlined below and our Privacy Policy (together, General Terms and Conditions).

You confirm that you have read, and that you agree with, our General Terms and Conditions.  If you have not read, or if you do not accept, our General Terms and Conditions, you are not authorised to use our Website or to use our Services or make a booking.

These General Terms and Conditions may be amended from time to time and it is your responsibility to regularly check this section on the Website to ensure you are aware of our current General Terms and Conditions.  By continuing to use the Website or access our Services, you agree to be bound by the amended General Terms and Conditions.

1.          Operation of the Website

1.1.     The Website is a venue where we advertise our Services, and where you can book a consultation. 

1.2.     If you would like to book a consultation you must agree to our General Terms and Conditions, and by making the booking you are agreeing to this.

1.3.     You must be over 18 years of age to book a consultation, otherwise your parent or guardian must book for you and agree to our General Terms and Conditions.

2.          Pricing and Payment

2.1.     Our prices are listed on the Website or otherwise as we may communicate to you from time-to-time.  We reserve the right to amend our prices from time to time.

2.2.     At the time of selecting a particular Service, you agree to make payment by credit card or bank transfer, as detailed on the Website.

2.3.     All prices are exclusive of bank fees, credit card fees, currency fees and taxes, unless otherwise indicated by us, which you must cover.

3.          Change in Services and Cancellation

3.1.     We may change or tweak our Services from time-to-time as we see fit, including Service descriptions and pricing.  We may stop providing our Services, or certain Services, from time-to-time as we see fit. 

3.2.     We may refuse to provide our Services to you at any time should you fail to follow our General Terms and Conditions, or otherwise at our sole discretion.  Where we refuse to provide our Services due to you failing to follow our General Terms and Conditions, we are not obliged to refund you any money you have paid for our Services.

4.          Use of the Website and Fend Content

4.1.     When using the Website or Fend Content, you agree you will not use the Website or Fend Content in any manner that is unlawful or prohibited by the General Terms and Conditions.

4.2.     Without limiting clause 4.1, you agree you will not (directly or indirectly):

(a)  hack into any part of the Website or Fend Content through password mining or other means;

(b)  commit or encourage a criminal offence;

(c)  defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy) of others;

(d)  transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us, or harvest information about other Users in order to transmit or facilitate the transmitting of such materials;

(e)  attempt to modify, reverse engineer or reverse-assemble any part of the Website or Fend Content;

(f)   breach any applicable laws or regulations; or

(g) engage in any other conduct that we consider (in our absolute discretion) breaches the General Terms and Conditions or Member Terms and Conditions or is otherwise inappropriate for the Website.

4.3.     Without limiting clauses 4.1 and 4.2, you agree you will not provide to us or post or transmit any content on the Website or any website linked to the Website or related social media page that:

(a)  is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable;

(b)  is or is reasonably likely to be unsuitable for persons under the age of 18 years;

(c)  infringes the IP Rights of any person;

(d)  infringes any confidentiality or privacy obligations or other contractual or legal obligations owed to any third party;

(e)   is incorrect or inaccurate;

(f)    is false or misleading or deceptive;

(g)   contains any virus (including malware or spyware) or other destructive component;

(h)   is prohibited by or violates any applicable laws or regulations; or

(i)    otherwise breaches the General Terms and Conditions.

4.4.     We reserve the right to remove or delete any content which we reasonably believe breaches the requirements set out in 4.3.

5.          Fend Content and IP Rights

5.1.     You acknowledge that we are the owner, or an authorised licensee, of all IP Rights vesting in the Fend Content.  No Fend Content may be copied, modified, reproduced, published or transmitted without our prior written consent.

5.2.     You may view or otherwise use Fend Content, provided:

(a)       you do not share it with anyone else;

(b)       you only use it for the purpose for which it was provided to you; and

(c)       you otherwise only use it in compliance with these General Terms and Conditions.

5.3.     Your use of the Website or our Services does not provide you with any IP Rights in relation to the Website or the Fend Content (including improvements made to the Fend Content during the process of us providing our Services to you.

6.          Your Content

6.1.     You warrant that all Your Content provided to us is true, complete and accurate and is not in breach of our General Terms and Conditions or any Third Party rights and is otherwise not objectionable, defamatory, obscene, harassing, threatening, incorrect, misleading or unlawful in any way.

6.2.     You agree to promptly update any changes to your Your Content, including your email address, postal address and credit card details, so that we can complete your transactions and contact you as needed.

6.3.     You acknowledge that we cannot complete your transactions and provide you with our Services if we do not have the correct information about you, including your email address, postal address and credit card details.

6.4.     You grant to us a royalty-free, non-exclusive, worldwide and perpetual licence to use Your Content to. 

6.5.     If you send us (solicited or otherwise) creative ideas, suggestions, proposals, plans, or other materials of this type (Creative Materials), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such Creative Materials.  You acknowledge that the Creative Materials are not provided in confidence and we have no obligation to maintain any Creative Materials in confidence or to pay you for any Creative Materials.

7.          Links to Other Sites

7.1.     The Website or our Services may include links to Third Party Sites.  If you visit a Third Party Site, you will be subject to the terms and conditions of that site and any dealing will be solely between you and that Third Party Site.  These links do not imply our endorsement of that Third Party Site or product or service being advertised (as applicable) or any association with their operators.

7.2.     The Website or our Services may be linked to various social networking sites.  You acknowledge and agree that:

(a)  any comments or content that you post on such social networking sites are subject to the terms and conditions of the social network site that you post the comments or content on; and

(b)  we are not responsible or liable for any comments or content you or others post on social networking sites.

8.          Liability

8.1.     We do not warrant or guarantee:

(a)        the accuracy or correctness of the Fend Content on the Website or that we provide you;

(b)        that the Website or Fend Content will be free from viruses (including malware or spyware) or other destructive properties; or

(c)        that the operation of the Website will be uninterrupted or error free,

and to the fullest extent permitted by law we will not be liable for any loss or damage arising directly or indirectly from the above.  You acknowledge that the risk as to the operation and performance of the Website and the accuracy and adequacy of the Fend Content lies with you.

8.2.     The Website may contain content that is developed and/or provided by third parties, or we may provide such content to you.  We do not endorse or warrant any such third party content and take no responsibility for the third party content and any representations made.

8.3.     To the fullest extent permitted by law, we exclude all liability and responsibility related to your use of our Services, what you do with them, and any issues you (or any other person, directly or indirectly) suffer while using our Services or related to such use.

8.4.     Although Fend Content is presented in good faith, we make no warranty or representation about the accuracy or completeness of Fend Content or the content of any website linked to or from the Website. To the fullest extent permitted by law, you agree we will not be liable for any damage, loss, claim or expense suffered as a result of reliance on the Fend Content we provide or any linked site provides.

8.5.     To the fullest extent permitted by law, we exclude all liability and responsibility we may have to you or to any other person under or in connection with these General Terms and Conditions, our Services or provision of GGO Content. This exclusion applies regardless of whether such liability arises in contract (including breach of implied warranty), tort (including negligence), equity, breach of statutory duty or otherwise, and includes liability for any incidental, consequential, exemplary, special, or indirect damages (including loss of profits, revenues, data and/or use).

8.6.     As with any use of online services to provide, upload, store or transmit information, there is a risk of unauthorised access or use of that information by others. You agree you bear the risk that any confidential information, including your personal information, could be improperly used or disclosed by any other person and you agree that we are not liable for this.

8.7.     We take no responsibility for any system unavailability, or for any loss that is incurred as a result of Third Party software or services being unavailable. Further, you agree we assume no responsibility or liability for the corruption of any Your Content or any Third Party content, including such content held by a Third Party.

8.8.     You must take reasonable steps to mitigate any loss, damage, cost or expense you may suffer or incur arising out of anything done or not done in connection with these General Terms and Conditions.  We will not be liable for any liability caused by your failure to mitigate any loss, damage, cost or expense.

8.9.     Where we are unable to limit liability under these General Terms and Conditions due to an applicable law, you agree that our liability will be limited to the amount you paid us for the relevant Services in the preceding month.

9.          Indemnity

9.1.     You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs), expenses or losses arising (directly or indirectly) out of:

(a)        your breach of any of the General Terms and Conditions;

(b)        any transactions with any Third Parties, including Third Party Sites;

(c)        any reliance by you on Fend Content or any other content on the Website or any link to a third party website or social media page;

(d)        your use of our Services, including any reliance by you on information we provide you; or

(e)        any technical errors or corruption of data on the Website.

10.       No Waiver

10.1.  No failure or delay by us to exercise any right or remedy provided for under the General Terms and Conditions, or by law, will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that, or any other, right or remedy.

11.       Assignment

11.1.  We may, at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under these General Terms and Conditions to any person or party.  You may not assign or transfer any of your rights or obligations under these General Terms and Conditions to any other person without obtaining our prior written consent.

12.       Severability

12.1.  If any portion of these General Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.

13.       Third Parties

13.1.  These General Terms and Conditions do not confer a benefit on any person who is not a party to the agreement.

14.       Applicable Law

14.1.  These Member Terms and Conditions are governed by and will be construed in accordance with the laws of New Zealand.

14.2.  You submit to the exclusive jurisdiction of the courts of New Zealand.

15.       Variation

15.1.  No variation of these General Terms and Conditions will be effective unless it is in writing.

16.       Further Information and Dispute Resolution

16.1.  If you require any further information, or if you have an issue or complaint, please contact Phoebe de Jong at phoebe@fend.health. 

16.2.  Where any dispute arises between us, we (you and us) agree to in good faith use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action

17.       Definitions

17.1.  FEND HEALTH LIMITED (Fend) is the owner of the Website, business and related IP Rights, and provider of the Services.  Fend may also be referred to as "we", "our", "us" or "it" in any correspondence with you and throughout any page of the Website, including the General Terms and Conditions.

17.2.  You, as a User of our Website and Services, may be referred to as "you", or "User".

17.3.  In the General Terms and Conditions, the following words have the meanings set out below:

Fend Content means any content, text, graphics, user interfaces, visual interfaces, photographs, videos, trade marks, logos, sounds, music, artwork, computer code and other material or data on the Website or provided to you as part of our Services.

IP Rights means any trade marks, copyright and all other intellectual property rights.

Third Party means any party that is not a party to these General Terms and Conditions (i.e. is not you or us).

Third Party Sites means any Third Party website, site or page (including social media sites and pages).

User means any user of the Website or our Services.

Your Content means any information, text, graphics, user interfaces, visual interfaces, photographs, videos, trade marks, logos, sounds, music, artwork, computer code and other material independently developed, used, or provided by you.