WEBSITE TERMS AND CONDITIONS

This website is published and maintained by Dietright Limited (“we” or “our” or “us”).  By accessing and browsing this website you agree to comply with the terms and conditions set out below. If you do not agree to comply with these Website Terms and Conditions of Use you must immediately leave this website.

PURPOSE:
The purpose of this website is to provide:

  1. Information on Dietright Limited services.
  2. Service to enable Registered Users to subscribe to the online information, seminars, workshops and programmes (when available).

INTELLECTUAL PROPERTY:
You acknowledge that:

  1. the information displayed or available on our website is of significant commercial value to us and our licensors;
  2. all copyright, trademarks, database rights and other intellectual property rights in the website are owned by us or their respective owners; and
  3. except as expressly stated in these Website Terms and Conditions of Use, and (if you are a Registered User) in the Registered User Terms and Conditions (see below), no right or licence is granted to you in relation to the information on the website or the intellectual property rights in the information on the website
  4. You may use the information on the website for your own personal health, diet, weight loss and well-being purposes, if you do not:
  5. copy any of the website Information;
  6. deface or remove any copyright notices or trade marks in any website information downloaded or copied by you from our website;
  7. compile or extract website information from this website for the purpose of making such information available to others (whether as a directory or otherwise) with a view to a profit or for a fee or other consideration; or
  8. use any trade mark in a manner that is reasonably considered by us, or our licensors, to be a misuse or appropriation of that trade mark.

 

PRIVACY POLICY:
We may collect personal information when you use our website. Our collection and use of personal information is governed by our Privacy Policy (as below). By accessing and browsing this website, you acknowledge acceptance of the terms of our Privacy Policy.

WEBSITE INTEGRITY:
Unless otherwise indicated, copyright and other intellectual property rights in our Site (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) and copyright in all electronic products including eBooks and any other downloadable material is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under legislation, and except as expressly authorised by these Terms and Conditions of Use, 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 our Site or any of our electronic products or downloadable material; or
  2. commercialise any information, products or services obtained from any part of our Site or any of our electronic products or downloadable material, without our written permission.
  3. All trademarks appearing on our Site belong to their respective owners.

AMENDMENTS:
We reserve the right to amend these Website Terms and Conditions of Use from time to time. You are responsible for reviewing our website regularly to obtain timely notice of any such amendments.

Your continued use of our website shall constitute and be deemed to be your acceptance of any amendments or revisions to these Website Terms and Conditions of Use.

WARRANTIES AND LIABILITIES:
You understand and agree that your use of our website and/or any services provided on our website or by us, is at your sole risk. Our website, the website information and the services provided by us are provided by us on an “as is” and “as available” basis. We disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of merchantability, quality and fitness for a particular purpose).

Without limiting the above, we do not warrant or represent that our website or any services provided by us will be available at all times, secure or error-free, or that any website information is error-free or reliable.

In no event will we, or our representatives, agents, directors and other personnel, have any liability to you (whether in contract, tort including negligence, or otherwise) in relation to your use of our website or any services provided by us or any website information, whether or not such liability is direct, indirect, consequential or of a special nature, including without limitation, any liability for loss of revenue, profit, anticipated savings, goodwill or opportunity, production or loss or corruption of data as well as any physical or mental impairment.

None of the exclusions or limitations set out in these Website Terms and Conditions of Use will have the effect of limiting or excluding any form of liability to the extent such liability cannot be so limited or excluded under applicable law.

NON COMPLIANCE:
If you do not comply with these Website Terms and Conditions of Use we may suspend or block your access to our website and pursue any other legal actions or remedies available to us against you.

WAIVER:
Our failure or delay in the exercise of any right or remedy we may have under these Website Terms of Use will not be construed or operate as a waiver such right of remedy, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.

GOVERNING LAW:
These Website Terms and Conditions of Use will be governed by the laws of New Zealand. You agree to submit to the jurisdiction of the courts of New Zealand. You may only bring a claim or action against us in the courts of New Zealand.

 

INFORMATION

In the course of operating our website and providing information, advice, seminars, workshops or programmes and other services, Dietright Limited, (“we” or “our” or “us”) may collect, use, disclose and hold information about an identifiable individual (“Personal Information”).

This Privacy Policy describes the Personal Information collected by us or our website and describes the purposes for which we may use, disclose or hold such Personal Information.

In this Privacy Policy, the following terms will have the following meanings:

“Direct Marketing Information” means marketing or promotional information about our services, programmes or products, or the services or products of other companies carefully selected by us that relate to diet, health or well-being;

“Registered User” means a person who has registered as a user of our website; and

“Visitor” means a person who uses or browses our website and who is not a Registered User.

VISITING OUR WEBSITE:
If you are a Visitor or Registered User, during your visit to our website we may collect statistical data about your visit, such as the date, time and length of your visit, the URLs or addresses of the website pages you visit, the operating system, browser, each engine and IP address used by the computer you are using to connect to the internet and the domain name from which you are accessing the internet. This information may be collected by third party software operating on our website.

We may use and disclose such statistical data for the following purposes:

  1. to measure the effectiveness of any advertising on our website;
  2. to identify user behaviour and user trends on our website; and
  3. to maintain and optimise the technical performance, operation and security of our website.
  4. In a way that ensures that no individual is able to be identified from such data.
  5. to send or email Information to you, if you have expressly asked us to

REGISTERED USERS:

If you are a Registered User, during the process of entering into an agreement with us to provide information, programmes and services you will provide us with Personal Information, for example, your name, address, email address, phone numbers, credit card details, and information about your health and well-being. We may also collect other Personal Information about you during the course of your relationship with us.

If you do not provide the information requested by us or our website, we may be unable to provide services or programmes to you.

If you are a Registered User, or apply to be a Registered User, we will use, disclose and hold such Personal Information for the purposes of:

  1. establishing and maintaining your account with us;
  2. preparing custom-made diet, weight loss or other health-related programmes for you;
  3. monitoring your performance under any tailor-made programmes;
  4. providing you with newsletters, health materials and other associated services;
  5. contacting you about your registration, your account or the services we provide to you;
  6. arranging billing, payment, credit checks and verifying your identity;
  7. gauging customer satisfaction and providing customer services;
  8. providing technical support and administration;
  9. maintaining our records;
  10. addressing feedback or complaints and resolving disputes;
  11. providing data to Visitors and Registered Users about the performance of programme members (but without using any Personal Information in a way that would identify such members); and
  12. sending you Direct Marketing Information, if you have expressly asked us to:
  13. marketing our products globally (using non-identifiable testimonials and any other supporting comments from registered users);
  14. scientific research (using non-identifiable information only);
  15. sharing non-identifiable user inputs with other Registered Users, to provide them with ideas, tips and other strategies; and
  16. any other purpose specified in the Registered User Agreement accepted by you.
  17. We may also publish Personal Information contained in any submission to any on-line member forum on our website. You should not submit to our on-line member forums any Personal Information that you do not want published.
  18. We will not sell your Personal Information to direct marketers.
  19. We will not use your Personal Information, or disclose your Personal Information to third parties, except:
  20. to the extent reasonably necessary to achieve any of the purposes described in clauses 1 to 8; or
  21. where we reasonably believe that such use or disclosure is required or expressly permitted under any applicable law.
  22. We will not hold your Personal Information for longer than is reasonably required for the purposes for which we may lawfully use that Personal Information.

ONLINE CONSULTATIONS

By booking and paying for an online consultation you understand the following:

  • You confirm and consent to participation in a Video consultation.
  • You agree to the private charge as specified by Dietright Ltd.
  • You understand that your health information is obtained to provide accurate and safe healthy eating options.
  • Your information will be kept confidential as in accordance with the Privacy Act 1993
  • You understand and may withhold or withdraw consent to these Video consultations at any time without affecting my rights to future consultations, by notifying us via email
  • You understand that you may still require face to face contact within a clinic environment if required.

YOUR RESPONSIBILITIES

You agree and are aware that:

  1. None of the content or products offered on our Site and/or provided via our Services are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.
  2. The products, services and content found on the Site and/or provided via our Services are not intended as a substitute for the advice provided by your doctor or other healthcare professional.
  3. You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Services.
  4. If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition or are pregnant or breast-feeding, you should contact your health care provider before using our Services.
  5. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site and/or provided via our Services.
  6. You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Site and/or provided via our Services. Our Services may not be suitable to your particular circumstances.
  7. You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.
  8. You warrant the truth, accuracy, currency and completeness of any information you provide us.

 

YOUR RIGHTS:
Where we hold Personal Information about you, you have a right to access and correct that Personal Information in accordance with the Privacy Act 1993. If you want to access or correct your Personal Information, please contact us.

SECURITY:
We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard the Personal Information we hold from loss or unauthorised access, use, modification or disclosure. However, as the internet is an open network, we do not warrant or guarantee that your Personal Information is safe from loss or unauthorised access, use, modification or disclosure, either during transmission to or from our website, or when held by us.

AMENDMENTS:
We may amend this Privacy Policy from time to time. You are responsible for reviewing our website regularly to obtain timely notice of any such amendments. Your continued use of our website will constitute your acceptance of any amendments or revisions to this Privacy Policy.

CONTACTING US:

If you:

  1. have any questions about the Terms & Conditions or our Privacy Policy;
  2. want to access or correct any Personal Information we hold about you; or
  3. want us to stop sending you Direct Marketing Information, please contact us at:

Dietright Limited
2/382 Hillsborough Road, Hillsborough, Auckland 1042, New Zealand
Email:  varsha@dietright.co.nz
Phone: +64 0210524353