Terms & Conditions

Please read these Terms and Conditions carefully, as they set out our and your legal rights and obligations in relation to our services.

Definitions and interpretation
1. In these Terms and Conditions:

“Session” means a Session for the supply of Services that forms part of a Program;

“Client” “you” and “your” means the client under a Program, as identified in the Client Form;

“Client Form” means the document issued by us detailing the scope of the Services and other matters relating to an Program;

“Effective Date” means the date when we receive a copy of the Client Form that has been signed by you;

“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

“Price” means the price payable by you to us in respect of an Program, which are specified in the Client Form and which may be varied in accordance with Clause 7;

“Program” means our contract with you for the supply of Services incorporating these Terms and Conditions, and any amendments to such a contract from time to time;

“Services” means the services under each Program, further specified in the Client Form;

“Term” means the term of a Program, as specified in the Client Form.

“We” “Coach” “us” and “our” means LVNHealth and its successors and assigns or any person acting on behalf of and with the authority of LVNHealth;

“Working Day” means any weekday, other than a bank or public holiday in Auckland, New Zealand;

2. In these Terms and Conditions, a reference to a statute or statutory provision includes a reference to:

3. that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

4. any subordinate legislation made under that statute or statutory provision.

1. The Clause headings do not affect the interpretation of these Terms and Conditions.

2. In these Terms and Conditions, “persons” includes companies, partnerships, limited liability partnerships, unincorporated associations and trusts.

2. Acceptance

Upon acceptance of these Terms and Conditions by you the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with our written consent.
These Terms and Conditions are to be read in conjunction with our Client Form as provided by us to you. If there are any inconsistencies between the two documents then the Terms and Conditions contained in this document shall prevail.

3. Programs

Each Program will come into force on the first Session between you and the Coach and will expire if the total amount of Sessions have not been completed within two months after the end of the Term.

4. Services

We will supply the Services to you in accordance with the terms of each Program, and at all times in a professional manner and in accordance with appropriate standards.
We may suspend the provision of the Services if you fail to pay by the due date any amount due to us.
From time to time during the Term we may need to reschedule Session times by reason of personnel illness or personnel shortage, in which case we will use reasonable endeavours to arrange an alternative Session time.
You acknowledge that the Services provided is not to prescribe or assess specific meal plans, provide healthcare, medical or nutritional services or diagnose, treat or cure any disease, conditions or other ailment.

5. Client Obligations and Acknowledgements

You will indemnify us and will keep us indemnified against any and all losses, costs, expenses, damages and liabilities (including legal expenses and amounts paid in settlement of legal claims or proceedings) arising directly or indirectly out of any breach by you of this Agreement.
You acknowledge that you are solely responsible for decisions, actions, choices, lifestyle changes and results through the Term of the Program.
You acknowledge that the Coach is not acting in the capacity of a doctor, dietitian, nutritionist, psychologist, psychotherapist or other licensed professional and that the Program is not intended to replace services performed by these professionals.
The Client acknowledges that, if they are under the care of healthcare professionals, the Client should discuss any dietary changes or potential dietary supplement use with those professionals. If the Client currently uses prescription medications, the Client should not discontinue any prescription medications without first consulting the Client’s prescribing healthcare provider.
You acknowledge that you are solely responsible for your platform login and the security and privacy of your account, including passwords and you must not share your account or information obtained from the Services with any other person. You further acknowledge that the Coach owns all intellectual property rights in the website and to the extent that we develop any intellectual property as a result of providing the Services, we shall retain ownership to all rights in that intellectual property.

6. Price And Payment

At our sole discretion the Price shall be the Price quoted on our Client Form which shall be binding upon us provided that you shall accept our quotation in writing within thirty (30) days.
We may, by giving notice to you, increase the Price of the Programs to reflect any increase in the cost to us beyond our reasonable control (including, without limitation, increases in taxes or insurance premiums).
At our sole discretion a deposit may be required. Any deposit taken shall be applied against our first invoice(s).
Time for payment for the Program, shall be of the essence and at our sole discretion payment shall be due on the first day of each Session, per month.
Payment may be made in full, in advance. Clients who make payment in full, in advance, may be entitled to a prompt payment discount, at our sole discretion.
Payment must be made in cleared funds by direct credit via electronic/online banking to the account specified on our invoice, or by any other method stipulated by us.
GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

7. Warranties

You warrant to us that you have the legal right and authority to enter into and perform your obligations required by each Program.
We warrant to you that:
1. We have the legal right and authority to enter into and perform our obligations required by each Program; and
2. the Services will be performed with reasonable care and skill.
If you believe that Services have not been provided in accordance with Clause 7.2.2, then you must:
1. notify us promptly; and
2. allow and enable us to review the Services provided and re-perform the relevant Services.
All of the parties’ warranties and representations in respect of the subject matter of the Program are expressly set out in these Terms and Conditions and in the Client Form. To the maximum extent permitted by applicable law and subject to Clause 7.1, no other warranties or representations concerning the subject matter of the Program will be implied into these Terms and Conditions, the Client Form, the Program or any other contract.

8. Limitations and exclusions of liability

Nothing in these Terms and Conditions will:
1. limit or exclude the liability of a party for death resulting from negligence;
2. limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
3. limit any liability of a party in any way that is not permitted under applicable law;
4. exclude any liability of a party that may not be excluded under applicable law; or
5. limit or exclude any statutory rights that a party has as a consumer.
The limitations and exclusions of liability set out in this Clause 8 and elsewhere in these Terms and Conditions:
1. are subject to Clause 8.1; and
2. govern all liabilities arising under the Program or in relation to the subject matter of the Program, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you for any losses arising out of a Force Majeure Event.
Our aggregate liability to you will not exceed the total amount paid and payable by you to us under the Program.

9. Force Majeure Event

Where a Force Majeure Event gives rise to a failure or delay in either party performing its obligations required by any Program (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event.

10. Default and Consequences of Default

Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at our sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
If you owe us any money you shall indemnify us from and against all costs and disbursements incurred by us in recovering the debt (including but not limited to our internal administration fee, legal costs on a solicitor and own client basis, our collection agency costs, and bank dishonour fees).
Without prejudice to any other remedies we may have, if at any time you are in breach of any obligation (including those relating to payment) under these Terms and Conditions we may suspend or terminate the provision of Services to you. We will not be liable to you for any loss or damage you suffer because we have exercised our rights under this clause.

11. Termination

Either party may terminate a Program at any time by giving at least 14 days’ written notice to the other party. Upon termination, you will remain liable for the pro rata share of the Program that has been delivered, plus a cancellation fee of $160.00 plus GST for the LVNHealth Coaching Program and $375.00 plus GST for the LVNHealth Personal Mentorship Program.
Either party may terminate a Program immediately by giving written notice to the other party if the other party:
1. 11.2.1.commits any material breach of any provision of these Terms and Conditions or the relevant Client Form, and:
2. 11.2.2.the breach is not remediable; or
3. 11.2.3.the breach is remediable, but the other party fails to remedy the breach within 14 days of receipt of a written notice requiring it to do so; or
4. 11.2.4.persistently breaches these Terms and Conditions and/or the relevant Client Form.
Either party may terminate a Program immediately by giving written notice to the other party if:
1. 11.3.1.the other party: is dissolved; ceases to conduct all (or substantially all) of its business; is or becomes unable to pay its debts as they fall due; is or becomes bankrupt or is declared insolvent; or
1. 1. 11.3.2.an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
  2. 11.3.3.an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Program); or
  3. 11.3.4.where that other party is an individual that other party dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.
2. We may terminate a Program immediately at any time by giving written notice to you if you fail to pay in full and on time any amount due to us, whether due in respect of that Program or otherwise.

12. Effects of termination

1. Upon termination of a Program, all the provisions of these Terms and Conditions and the Client Form will cease to have effect, save that the following provisions of these Terms and Conditions will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): Clauses 1, 8, 11, 12, 13, 14, 15, 16, and 17.
2. Termination of a Program will not affect either party’s accrued liabilities and rights (including accrued rights to be paid) as at the date of termination.

13. Confidentiality

The provisions of this agreement are strictly confidential to the parties. Neither party may disclose or permit to be disclosed any provision of, or any information (and particularly any financial information) relating to the contract the subject of these Terms and Conditions to any person not a party without first obtaining the written consent of the other party as to both the person to whom disclosure is to be made and the terms of such disclosure.

14. Dispute Resolution

We will endeavour, but will not be required to resolve all disputes between you and us amicably provided that if we cannot resolve a dispute, then no proceedings will be issued in Court in respect of the dispute without the dispute first being mediated by a single mediator appointed by agreement between the parties and failing agreement and on the application of one of them, by the Chief Executive Officer for the time being of the Resolution Institute of New Zealand.

15. Compliance with Laws

The parties shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.

16. Privacy and Cookies Policy

Our collection and use of personal information in connection with the Website is governed by the following Privacy and Cookies Policy.
We comply with the New Zealand Privacy Act 2020 (“the Act”) when handling Personal Information. This policy does not limit or exclude any of your rights under the Act. If you would like further information on the Act, see www.privacy.org.nz.
The Coach may at times, with your verbal permission, video record meetings using the online platform’s in-built recording capability. This is for the benefit of the Client and will allow the Coach to access key themes experienced during the session. This capability will especially be important to increase your experience during subconscious healing therapy sessions (under the LVNHealth Personal Mentorship Program).
We collect, use, disclose and protect Personal Information in accordance with these Terms and Conditions, and any other specific arrangements we have agreed with you.
We collect personal information about you from:
1. You, when you provide it to us, including via our Website, through any registration or subscription process, or through any other contact with us (e.g. phone call or email);
2. Your Facebook, Instagram, or other social media account profile page, if you provide us with your account details, in accordance with any privacy settings you have set for that account;
3. Third parties where you have authorised this or the information is publicly available.
If possible, we will collect personal information from you directly.
We may also collect technical information whenever you access or use our Website. This may include information about the way you arrive at, browse through and interact with our Website.
We may collect this type of technical information through the use of cookies and other means. Cookies are pieces of digital identification code that we transfer to your device, with your express permission, to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser or within our Website directly. However, if you do so, you may not be able to use all of the functions available on our Website. We use the technical information we collect to have a better understanding of the way you use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs.
We may use your Personal Information:
1. to verify your identity;
2. to provide to you, and to improve, our Website;
3. to market our Services to you, including electronically (e.g. by text or email);
4. to bill you and process payments from you, including authorising and processing credit card transactions;
5. to protect and/or enforce our legal rights and interests, including defending any claim and verifying your compliance with any terms under which we have provided our Website to you;
6. for any other purpose authorised by you or the Act.
16.10.You have the right to opt-out from any promotional, marketing or informational communications that we may send you. You may do so by following the instructions included in each communication or by contacting us via e-mail at viktoria@lvnhealth.co.
16.11.We will not sell, distribute or lease your Personal Information to third parties. However, we may disclose Personal Information to:
1. only those businesses that support our Website (including a business that hosts or maintains an underlying IT system or data centre that we use to provide our Website) where necessary for that business to provide those services to us;
2. a person who can legally require us to supply your personal information (e.g. a regulatory authority);
3. any other person authorised by law (e.g. a law enforcement agency);
4. any other person authorised by you.
16.12.A business that supports our Website may be located outside New Zealand. This may mean your Personal Information is held and processed outside New Zealand.
16.13.We will take reasonable steps to keep your Personal Information safe from loss, unauthorised activity, or other misuse.
16.14.Subject to certain grounds for refusal set out in the Act, where we hold readily retrievable Personal Information about you, you have the right:
1. 16.14.1.to obtain confirmation of whether or not we hold that information;
2. 16.14.2.to access that information;
3. to request a correction to that information or removal of that information (commonly known as the “right to be forgotten”).
16.15.If you would like to exercise any of the above rights you can contact us via e-mail at viktoria@lvnhealth.co.
16.16.Before you exercise these rights, we will need evidence to confirm that you are the individual to whom the Personal Information relates and reserve the right to not action them until we are satisfied as to the authenticity of the claim. Your email should provide that evidence and set out the details of your request (e.g. the Personal Information, or the correction, that you are requesting).
16.17.In relation to a request for correction, if we think the correction is reasonable and we are reasonably able to change the Personal Information, we will make the correction. If we do not or cannot make the correction, we will take reasonable steps to note on the Personal Information that you requested the correction.
16.18.Where necessary we may charge you our reasonable costs of providing to you copies of your Personal Information, correcting or removing that information.
16.19.While we take reasonable steps to maintain secure internet connections, if you provide us with Personal Information over the internet, you accept that the provision of that information is at your own risk.
16.20.If you follow a link on our Website to another website located on the internet, the owner of that website will have its own privacy policy relating to your Personal Information. We suggest you review that site’s privacy policy before you provide Personal Information to that site.

17. General

Our failure to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These Terms and Conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
We shall be under no liability whatever to you for any indirect loss and/or expense (including loss of profit) suffered by you arising out of a breach by us of these Terms and Conditions.
In the event of any breach of this contract by us your remedies shall be limited to damages. Under no circumstances shall our liability exceed the Price of the Services.
You shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to you by us.
We reserve the right to review these Terms and Conditions at any time. If, following any such review, there is to be any change to these Terms and Conditions, then that change will take effect from the date on which we notify you of such change.
You warrant that you have the power to enter into this agreement and have obtained all necessary authorisations to allow you to do so, you are not insolvent and that this agreement creates binding and valid legal obligations on you.
The Terms and Conditions of an Program may not be varied except by a written document signed by or on behalf of each of the parties.
17.10.We may freely assign our rights and obligations under any Program without your consent. Save as expressly provided in this Clause or elsewhere in these Terms and Conditions, neither party may, without the prior written consent of the other party, assign, transfer, charge, license or otherwise dispose of or deal in any rights or obligations under any Program.
17.11.Each Program is entered into for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party.