TERMS & CONDITIONS
Site User Agreement - www.bodywall.com
This agreement governs your use of this site and all relationships which arise from that use.
1. DEFINITIONS
"user" is you and all users authorised by you or using the same email address as you, jointly and each of you severally.
"here" means "on this web site".
"we" or "us" and like words are defined in clause 4 below.
2. RELATIONSHIPS
You agree that:
(a) neither we nor any information here is ever your provider, advisor or fiduciary and you have no provider-client relationship of any sort with us and you will not act or alter your position relying on any information here;
(b) we are never your agent, partner, joint venturer, or contractor.
You agree that no communication here from another user creates a provider-client relationship with us; that we are not responsible or liable to you or any person in any way for any information provided by any third party here. You agree that we neither create nor prevent the creation of nor intervene in any provider-client relationship.
You accept responsibility
(a) to make prior conflict checks and other prudent checks before agreeing to any engagement arising out of any communications through this site;
(b) for the entire relationship with any other user with whom you communicate whether or not that user is or becomes your client or you become that user’s client.
3. USE OF THE WEB SITE
You agree:
(a) that you are over 18 years of age and entitled to enter contracts;
(b) not to hold us responsible for any dealing here with a minor, bankrupt or other person without capacity;
(c) that we may rely for all purposes on information you supply us;
(d) never here to mislead any person or break any law;
(e) to accept limitations of providers' practice rules and codes;
(f) to do nothing that would bring yourself, us or this web site into disrepute;
(g) that we may cancel your right to use the site at any time (our policy is not to do so except after email notice);
(h) that we may discontinue the website or alter the service or prices or terms at any time without notice;
(i) that the terms of this agreement override any contrary terms on or about or related to the website; and
(j) that you will respect the copyright of any work you see or obtain through this website; and
(k) that any anything in this agreement which may be invalid for any reason will not affect the validity of the other parts of the agreement.
4. PROPRIETORS
This website software is provided by Bodywall Limited (registered under the Companies Act 1993) of 13 Grosvenor Street, Grey Lynn Auckland. Neither Bodywall Limited nor any of its directors, employees or agents make any warranty or representation to you in respect of anything touching or concerning this web site.
The expression "we" "us" and "our" used here refer first and in all respects to the licensee and the party with whom you contract, and secondly, where you incur an obligation to us (saving only the obligation to pay money), or where you confer a right or indemnity on us or agree to a disclaimer or limitation or denial of liability or give a warranty, then the expressions "we" and "us" refer not only to the Licensee but also to Bodywall Limited and the owner of the business method and patent application and other intellectual property, and every organization this website visibly links to, and their respective directors employees and agents; and all such agreements and obligations, and all the covenants warranties and indemnities that you give in this agreement are given to and are expressly for the benefit of all of those companies and organizations and those persons.
5. PRIVACY
Your privacy is important to Bodywall Limited. This privacy statement provides information about the personal information that Bodywall Limited collects, and the ways in which Bodywall Limited uses that personal information.
Personal information collection
Bodywall Limited may collect and use the following kinds of personal information:
(a) information about your use of this website;
(b) information that you provide used for the purpose of registering with the website (including but not limited to your name, phone number, address, medical history);
(c) information about transactions carried out over this website (including but not limited to number of purchases, type of purchases, frequency of purchases, dates of purchases);
(d) information that you provide for the purpose of subscribing to the website services (including but not limited to your email addresses, postal addresses); and any other information that you send to Bodywall Limited.
Using personal information
Bodywall Limited may use your personal information to:
(a) administer this website;
(b) personalize the website for you;
(c) enable your access to and use of the website services;
(d) publish information about you on the website;
(e) send to you products that you purchase;
(f) supply to you services that you purchase;
(g) send you statements and invoices;
(h) collect payments from you; and
(i) send you marketing communications.
Where Bodywall Limited discloses your personal information to its agents or licensees for these purposes, the agent or licensee in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Bodywall Limited may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Securing of your data
Bodywall Limited will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
Bodywall Limited will store all the personal information you provide on secure servers.
Information relating to electronic transactions entered into via this website will be protected by encryption technology.
Cross-border data transfers
Information that Bodywall Limited collects may be stored and processed in and transferred between any of the countries in which Bodywall Limited operates to enable the use of the information in accordance with this privacy policy.
In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.
You agree to such cross-border transfers of personal information.
Updating this statement
Bodywall Limited may update this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes.
Other websites
This website contains links to other websites. Bodywall Limited is not responsible for the privacy policies or practices of any third party.
Contact Bodywall Limited
If you have any questions about this privacy policy or Bodywall Limited’s treatment of your personal information, please write to:
(a) by email to support@bodywall.com; or
(b) by post to Bodywall Limited, PO Box 56418, Dominion Road, Auckland 1446, New Zealand.
6. PUBLISHED WORKS
You agree that if you publish (upload) any work or offer any work for publication to this site you do so only under the terms advised from time to time, and that if you download any work, you acknowledge that we have not read, and cannot know the contents of, and are not responsible to you or any person through you for the contents, quality or value for money of any work published by any other user through this website.
7. PAYMENTS
All sessions and packages must be paid in full prior to training. You agree that we may debit your credit card account for the goods or services your purchase through this web site.
8. USER AGREEMENT WITH PROVIDERS
You, subject always to terms specified by any provider (which in this clause includes us), and subject to applicable law, agree as follows with each provider engaged through this site that:
(a) all work is for you alone, and the provider has no liability to any third party;
(b) the provider may reasonably reschedule the delivery or completion date
(c) you will pay promptly for goods or services;
(d) you acknowledge that requests for prepayments for services are normal;
(e) the provider may rely on all communications from you;
(f) if you communicate on behalf of a corporation you will disclose this and be jointly liable with the corporation for payments due;
(g) the provider may keep records of transactions with you;
(h) all contracts are deemed made in New Zealand at the location of the provider's office;
(i) communications from you are not deemed received until receipt verified.
If you are a provider you agree
(a) to act according to law and applicable rules and codes of practice and ethics;
(b) to keep records for the period required by law.
Nothing in this clause limits your warranties and indemnity to us or your agreements with us.
9. DISPUTES
You agree
(a) that we are not responsible for and cannot deal with or remedy any complaint by any person against any provider nor by any provider against any user;
(b) that any dispute you, or any person through you, may have with us or in which we are concerned, be decided under the laws of New Zealand whose courts have exclusive jurisdiction to hear any such dispute;
(c) to accept all responsibility for your relationship here with providers;
(d) that your complaints against providers will be made in the first instance to providers themselves, and if necessary then to the appropriate provider licensing body, not to us, nor will you make any claim against us;
(e) that we may release any relevant information among ourselves.
10. MEDICAL DISCLAIMER
The information contained in this website is not intended and must not be taken to be the provision or practice of medical advice or services nor a substitute for medical advice, diagnosis or treatment. If you have questions, concerns about your health or treatment or would like more information, contact your doctor. Always see your doctor or other qualified health professional before starting or changing any treatment.
11. DISCLAIMER, LIMITATION OF LIABILITY, WAIVER, INDEMNITY AND OPERATIVE CLAUSE
You agree that:
(a) we will not in any event be liable for any software or hardware errors, outages (Power, Telco or ISP) or malfunctions, which materially and substantially prevent or interfere with any use of this web site;
(b) we make no other warranties with respect to the services or facilities available here including but not limited to any implied warranties of merchantability, merchantable quality, and/or fitness for any particular purpose;
(c) without limiting the generality of the foregoing, we make no warranty as to the quality of or likelihood of any individual response from us or any person through this web site;
(d) we are not the authors of data on this web-site and whether or not written by us we make no warranty that any information will be accurate, error-free or uninterrupted, nor that it will meet your requirements or achieve your desired or anticipated results, nor any warranty arising now or at any time in the future from usage of any trade, course of dealing, or course of performance. You agree that the fitness and quality of our services must be construed within these constraints;
(e) our liability to you is limited to one twelfth the amount of the website charge to you during the year prior to your claim;
(f) our failure any time to enforce any provisions or rights under this agreement in no way constitutes waiver of same or affects the validity of this agreement or assists any defense or right against us;
(g) we are not responsible to you or any person for any keystroke, mouse-click, or other action, omission, or transaction connected with or incidental to the use of this web site;
(h) you will indemnify us and save us harmless and defend us from all losses, costs claims and actions suits whatsoever whether arising in contract or tort, at the suit of any person or persons, out of or incidental to every communication here made by or to you or made by or to any person using your registration, or Username or UserID or password, or credit card, whether at your direction, by your express or implied authorisation, or through your neglect;
(i) your further use of this web site signifies that you agree to all these terms in the words we set before you here and without any change.
12. CANCELLATIONS AND REFUNDS
(a) Cancellations must be made 24 hours prior to the session.
(b) A full session fee will be charged for any session cancelled within the 24 hours period unless approved by the staff at the Bodywall training location.
(c) If you fail to show for a session, a 'no show' fee of 100% session rate will be charged.
(d) All refunds are at the descretion of the training location where your session is booked.
