1. APPLICATION OF TERMS

By accessing and using this website, you agree to be bound by these terms. If you do not agree to these terms, you must stop using this website immediately.

If you are accessing or using this website on behalf of another person, you confirm that you are authorized to act on that person's behalf and that person agrees to be bound by these terms.

2. CHANGES

We may change these terms at any time by updating them on this website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest terms. By continuing to access and use this website, you agree to be bound by the changed terms.

We may change, suspend, discontinue, or restrict access to, this website without notice or liability.

These terms were last updated on 02/02/2024.

3. DEFINITIONS

• Loss: includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
• Personal information: means information about an identifiable, living person.
• Terms: means these terms and conditions titled "Website terms of use".
• Underlying System: means any network, system, software, data or material that underlies or is connected to the Website.
• User ID: means a unique name and/or password allocated to you to allow you to access certain parts of the Website.
• We, us or our: means Renew Wellness Place Limited.
• Website: means the internet site at renewwellnessplace.com, or such other site operated by us (and all subdomains).
• You or your: means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4. YOUR OBLIGATIONS

You must provide true, current and complete information in your dealings with us, and must promptly update that information as required so that the information remains true, current and complete.

If you are given a User ID, you must keep your User ID secure and:

• not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
• immediately notify us if you become aware of any disclosure or unauthorized use of your User ID, by sending an email to info@renewwellnessplace.com.

You must:

• not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
• unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to Info@renewwellnessplace.com.

You indemnify us against any Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

5. INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

6. DISCLAIMERS

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

• the Website being unavailable (in whole or in part) or performing slowly;
• any error in, or omission from, any information made available through the Website;
• any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
• any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

7. LIABILITY

To the maximum extent permitted by law:

• you access and use the Website at your own risk; and
• we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This applies whether that liability arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD 100.

Our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD 100.

8. PRIVACY POLICY

You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you or provide certain services to you. For example, we may need to have your contact information in order to provide you with updates from our Website.

When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020.

The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.

We may also collect technical information about your use of the Website through the use of cookies and other means. This information is used by us to improve and personalize the Website. You can disable cookies by changing your browser settings, but this may mean that you cannot use all of the features of the Website.

We will not disclose personal information that you provide to us, including your email address, to any third parties other than as set out below:

• to the extent specifically required by law or any Governmental authority; or
• for the purposes of the operation, protection, promotion or improvement of our business systems and processes, including the provision of services to you, statistical analysis, and research and development; or
• to our service providers and business partners, and any other parties authorized by you, to the extent necessary to provide you with the services you have requested; or
• for the purposes of a valid business purpose (such as the sale or transfer of our business), provided that such parties agree to keep your personal information confidential in the same manner that we do.

We will take reasonable steps to keep your personal information safe from loss and unauthorized activity. We cannot guarantee the security of your information. However, we will use all reasonable endeavors to keep your personal information secure.

We may store your personal information on secure servers which are located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.

You have the right to request access to and correction of any of the personal information we hold about you. If you would like to see the personal information that we have stored about you or would like to correct this information, or if you have any concerns regarding your privacy, please contact us at Info@renewwellnessplace.com. We will require proof of your identity before being able to provide you with any personal information.

9. SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

10. GENERAL

If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.

For us to waive a right under these Terms, that waiver must be in writing.

Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4, 5, 6, 7, 8, and 9, continue in force.

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

These Terms set out everything agreed between the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.