Terms & Conditions

Please read our terms and conditions carefully before purchasing and joining the programme

Website terms and conditions of use

These terms and conditions of use (terms and conditions) apply to the use of this site (diabetesclinic.co.nz), including the purchase of services over this site, unless we agree in writing to change them.

In using this site for these and other purposes, you agree to accept these terms and conditions. Please read them carefully. If you do not accept these terms and conditions, you must not use the site.

Definitions

” we’, ‘us’, and ‘our’ refers to The Diabetes Clinic Ltd, or related companies, agents, suppliers or licensors

‘you’ and ‘your’ refers to you the user of the site, or to the organisation or company you are authorised to represent

‘healthcare Information’ means any medical or health care advice, or other information provided through the use of the site, or any information regarding health suppliers (health supplier information) and services provided by health suppliers (health supplier services).

‘Programmes’ mean the programmes we offer through our website

Changes to our terms of service

We reserve the right to change these terms and conditions from time to time. We will notify you by posting the revised terms on our site. The terms on our site at the time of your purchase apply to that purchase.

Members

To access the services provided in this site you must become a member by completing our registration form [link to the form]. Please refer to our Privacy policy [link to Privacy policy] on our home page for information about how we collect, store and use your personal data.

Our responsibilities
Services we will provide:

  1. We will provide the programmes and all the support listed in our programmes on our website.
  2. When you sign up for our programme you will be required to complete a screening questionnaire and we reserve the right to decline you access to the programme if we consider that it may not be suitable or safe for you to continue the programme.
  3. If you continue with the programme we agree to continue to provide the services until you have completed the programme.

Your responsibilities

You agree and warrant that:

  1. The information you have provided in the health screening questionnaire and any other forum within our control is true and correct;
  2. You will only use the programme and its information only for your personal use and will not share the programme with any other person;
  3. You will only use the programme for its intended purpose;
  4. You understand that individual results may vary and results cannot be guaranteed.  We cannot be held responsible for any particular outcome experienced by you.
  5. Our advice does not replace care provided by your own medical practitioner(s).

Prices and invoicing

Our prices are in New Zealand dollars. GST of 15% is included in the price of each service. If you order more than one service, GST is included in the total price.

When you sign up for your programme and any additional services, we’ll confirm the fees with you immediately and payment will be required before you can proceed.

 We reserve the right to change our prices at any time.

We will send your receipt to the email address you supply when you place your order. Please make sure your email address is correct.

Payment

You must pay the full amount owing under these Terms and in accordance with which selected payment plan option you have chosen, free of all deductions or rights of set-off.

We shall have a full right of set-off with respect to amounts owed by you to us under these Terms, in relation to any money owing by us, or any of our related companies to you howsoever arising.

All reasonable costs of or incurred by us as result of a default by you including but not limited to administration charges, debt collection costs and legal costs as between solicitor, agents and client shall be payable by you. Unpaid accounts will be lodged with a credit agency.

We may require interest to be paid on any amount which is more than 30 days overdue. Interest will be calculated at the rate of 2% above our main trading bank’s 90-day bank bill buy rate as at the close of business on the date payment became due.  

Cancellation and refunds

We will comply with the provisions of New Zealand’s Consumer Guarantees Act 1993 (CGA) and other New Zealand consumer legislation.

Where you have paid for consultations or coaching appointments, we agree that you can cancel and rebook an appointment up to 24 hours prior to the appointment without further charge.  If you cancel or postpone your appointment within 24 hours or fail to attend your appointment you will lose your payment and will need to pay again for any future appointments.

We shall have the right to cancel any orders for services or withdraw you from any programme for which we have accepted payment, if;

  1. on reviewing your health screening questionnaire or information subsequently received, we do not consider that the programme is suitable for you.  This may include where new health issues arise since you joined the programme and will be assessed on a case by case basis; or
  2. due to circumstances beyond our control it would be impractical or unreasonable to provide the services; or
  3. if any information supplied by you is materially incorrect; or
  4. if in our opinion a satisfactory outcome cannot be achieved for any reason whatsoever.  

Except where you have supplied materially incorrect information,  we will issue you with a full refund, less an administrative fee of $60, if we cancel any orders or withdraw you from any programme.

No refund will be available where you change your mind after receiving access to materials and services, or where your personal circumstances change.  If, after we have accepted payment from you, you provide us with a doctor’s certificate stating that the programme is not suitable for you we may agree to issue you with a credit which will allow you to complete the programme in the future.

Limited liability

Our total liability (including interest and costs) and the liability of our contractors in respect of any claim howsoever arising, under or in connection with these Terms, the services or our business relationship, shall be limited at our option to refunding the price paid for the provision of service.

This clause will survive the expiration or early termination of this agreement.

Governing law

The laws of New Zealand govern our site and the New Zealand courts will have non-exclusive jurisdiction in respect of all matters between us.

The Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA)  apply to any purchase of services you make as an individual. If you acquire services for business purposes, the CGA does not apply. If you access our site from other locations, you are responsible for complying with applicable local laws.

Disclaimer

We will provide our services with reasonable care and skill. However all representations (whether express or implied) and all other implied conditions, warranties and terms relating to our services are otherwise excluded to the extent permitted by law.

To the extent permitted by law, we will not be responsible or liable for:

  1. any consequential, incidental, indirect or special damage or loss of any kind
  2. the supply, by you or others, of incorrect, incomplete or misleading information and/or documentation
  3. the failure by you or others to supply appropriate, relevant or timely information and/or documentation
  4. the failure by you or others to act on our advice or to respond promptly to any communications from us or any other person; or the default, negligence, or lack of care on the part of any other person
  5. your use of or reliance on information contained on or accessed through this site.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

Healthcare disclaimer

The programme is an online programme that provides food and lifestyle support and education.  We do not offer any medical advice or supervision. Participants in the programme are not under the medical care of any of our medical or health practitioners in any capacity.  We strongly advise and recommend that you seek medical advice before and during participation in our programme and keep your doctor advised of the changes you are making.

This programme is not suitable for anyone:

  1. Under 18 years of age
  2. Underweight or undernourished
  3. Pregnant or breastfeeding or undergoing fertility treatment
  4. With current or recent eating disorders or addictions (within the last 12 months)
  5. Who has had serious physical or mental health issues within the last 12 months or requires  complex prescription medication
  6. Anyone who is on more than 75iU of insulin injections per 24 hours
  7. Is not smoke-free for at least the past 3 months

We do not guarantee the content or privacy practices associated with linked sites.

You acknowledge that the Healthcare Information:

  1. is not intended as a substitute for, nor does it replace, a medical practitioner’s independent medical advice, diagnosis, treatment, or judgment about the appropriateness or risks of treatment, for you
  2. is provided for guidance and informational purposes only, and that any assumptions used and figures generated are for purposes of illustration and reference only, and are subject to change depending on a variety of factors, which may not have been taken into account
  3. should not be considered complete, nor should it be solely relied on to suggest a course of treatment for a particular individual.

Access to the site

You must ensure that your access to this site is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for interference or damage to your computer system which arises in connection with your use of this site or any linked site.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions, data or of information contained in your computer system or on this site. We do not accept responsibility or liability of any nature for any such losses which you may sustain because of such activity.

Copyright

Copyright in this site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of the New Zealand Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, or in any other written agreement between you and us, you may not:

  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this site
  2. commercialise any information, products or services obtained from any part of this Site without our prior written permission.

Trade marks

Except where otherwise specified, any word or device to which the ™ or ® symbol is attached is a Trade Mark owned or licensed by us (Trade Marks). If you use any Trade Marks in reference to our Services, you must seek our express authorisation. You must not use the Trade Marks in:

  1. or as the whole or part of your own trade marks
  2. connection with activities which are not ours
  3. a manner which may be confusing, misleading or deceptive
  4. a manner that disparages us or our information or the services (including this site). 

Intellectual property

You acknowledge that any and all of the trademarks, trade names, logos, copyrights, patents and any other related intellectual property rights associated with this site (including text, graphics, logos, icons, sound recording and software) or our services, or owned or licensed by us will remain our sole property.

Dispute resolution

 If a dispute arises, the parties will try to settle the dispute by mediation before resorting to arbitration or litigation. Any party may initiate mediation by giving written notice to the other. Mediators should be agreed upon between us and you, but if the parties cannot agree on one within seven days after the mediation has been initiated, then the mediator shall be appointed by the President of the New Zealand Law Society, Wellington Branch, or their nominee.

If mediation is unsuccessful we both agree that the dispute will be referred to arbitration by a sole arbitrator under the Arbitration Act 1996.

Waiver or Variation

Any waiver or variation of these Terms by us will only be effective if given in writing by an authorised person. If we waive any of these Terms the waiver will not affect our rights under these Terms at any future time.

Confidential Information

We will keep your confidential information safe at all times.

We will not use, copy, or communicate your confidential information to anyone except those employees and contractors who need the information to supply the service you require.

We will take all reasonable steps to maintain document security and make sure unauthorised people do not access your confidential information.

We will publish data showing our ‘client results’ achieved on the programme on our website and through social media.  Unless you expressly agree otherwise all data displayed will be fully anonymous, you will not be identifiable and the data will state that it is anonymous.  

You may expressly choose to allow your personal data to be publicly displayed at any time. If you agree, we may choose to publish ‘your story’ on our website, Facebook or other social media but we will only do this with your express consent.

Our Privacy policy explains how we protect your information when you visit our site.