HEALTH & BALANCE VITAMINS LIMITED

(NZBN 9429053615404)

1. Definitions

1.1. “Company” means Health & Balance Vitamins Limited (NZBN 9429053615404) trading as Health & Balance Vitamins.
1.2. “Customer” means an individual who purchases a product from the website.
1.3. “Jurisdiction” means New Zealand
1.4. “Products” means any item listed for sale on the website.
1.5. “Social Media Platforms” means:
1.5.1. The Tik Tok account: https://www.tiktok.com/@thepcosmentor
1.5.2. The Instagram account:https://www.instagram.com/thepcosmentor
1.5.3. The Facebook page: https://www.facebook.com/thepcosmentor
1.6. “Website” is the web address: https://handbvitamins.co.nz

1.7. “We/us” is, where the context permits, a reference to the Company.
1.8. “You/your” is, where permitted, a reference to the Customer.

2. Terms of Service

2.1. The Website is operated by the Company.
2.2. By using the Website, you agree to be bound by the Terms and Conditions.
2.3. We reserve the right to modify, add, delete or amend these Terms and Conditions at any time without notice to you. By continuing to use the Website after any amendments or modifications are made by the Company, you agree to be bound by the modified and amended Terms and Conditions.

2.4. We recommend you review these Terms and Conditions each time you access or use the Website.

3. Disclaimer – No Medical Advice

3.1. The information provided by the Company, including but not limited to, text,graphics, videos, and images are for informational purposes only. No information provided by the Company is intended to be a substitute for personal, professional medical advice, diagnosis, or treatment.
3.2. The Company does not provide medical care, medical opinion, medical advice, diagnosis or treatment to Customers.
3.3. At no point prior, during or after the Customer purchases a Product or communicates with the Company, does the Customer and Company have a professional-client relationship.
3.4. Customers should consult their medical practitioner prior to commencing any supplements or vitamins. Any questions Customers may have regarding the suitability of the Company’s Products for their personal healthcare needs should be directed to the Customer’s medical practitioner.
3.5. Customers should not avoid, delay or disregard medical advice from their medical practitioner due to relying on any information provided on our website.

3.6. To the fullest extent permitted by law, the Company does not give any implied or express

warranties and makes no representations in relation to the accuracy, completeness or reliability of the information on the Website.
3.7. The Company strives to describe the Products on the Website as accurately as possible. However, the Company provides no warranties that the descriptions are accurate.

4. Customer Personal Responsibility

4.1. You are responsible for reading the Product description to understand the Product you are purchasing.
4.2. Customers with pre-existing medical conditions are responsible for obtaining medical advice from their healthcare practitioner prior to purchasing any Products.
4.3. It is the Customers responsibility to read the Product description to ensure they use the Product in the manner indicated. The Company is not responsible for any injury or damage caused to a Customer due to improper use of a Product.

5. Products

5.1. The Company reserves the right to modify, discontinue or suspend the sale of any Product with or without notice, at any time. To the extent permitted by law, the Company will not incur any obligation as a result of such a change to the Products offered.
5.2. The media, content, and materials contained on the Website and in the description of the Products are provided for general purposes only.

5.3. The Company provides information as to the usage and potential benefits of each Product. However, we do not accept liability or provide any guarantee or warrant any desired outcome following the use of the Products.
5.4. The Products on the Website are not a substitute for medication prescribed by your healthcare practitioner and are not a substitute for advice provided by your healthcare practitioner.
5.5. We make no guarantees of any specific result from the use of the Website.
5.6. You recognise that previous experiences and results of other Customers does not guarantee a similar outcome. The results obtained by others, whether our  Customers, applying the principles set out within the Website are no guarantee that you or any other person or entity will be able to obtain similar results.
5.7. We derive our information from accredited experts and specialists in their respective fields and other such sources that we believe to be accurate and up to date as at the date of publication, however we do not make any representations or warranties that the information we provide is reliable, current, or complete at all times.
5.8. Your reliance on any of the information on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome, or results.

6. Payment, Pricing and Refunds

6.1. Payments on the Website are made through secure online third party payment providers including PayPal New Zealand Pty Limited (NZBN 9429053615404), Stripe Payments New Zealand Pty Ltd (NZCN 9423497) and AfterPay New Zealand Pty Ltd  (NZBN 9429053615404).
6.2. To purchase a Product, you will be required to provide the Company with your credit card information. Your credit card information will then be shared with our third party payment providers.
6.3. The Company does not store or collect your personal or payment information. This information is collected and stored by our third party payment providers.

6.4. By providing the Company with your credit card details, you warrant the payment details and any personal information provided are correct. The Company accepts no liability if you provide us with incorrect or incomplete personal details or payment information.
6.5. All prices stated on the Website are in New Zealand dollars unless otherwise stated.
6.6. All prices for Products are inclusive of GST.
6.7. You acknowledge and agree that upon payment of a Product, you have satisfied yourself regarding the product and fees, and have made all necessary enquiries regarding the ingredients, materials and shipping processes and agree to the Terms and Conditions.
6.8. The Company is not required to provide you with a refund if you have opened or tampered with the Product.
6.9. The process for returns and refunds can be found in our "Returns Policy".

7. Subscription

7.1. You acknowledge and agree that you are not required to subscribe to receive Products.
7.2. Subscription is optional, by choosing to subscribe you enter into an agreement with the Company to receive Products on an ongoing basis, at a frequency decided by you.
7.3. Payment is required prior to any Products being shipped to you. Should your payment fail, your subscription will be suspended until such time as payment is attended to.
7.4. By subscribing, you agree to receive the Product on an ongoing and reoccurring basis until you cancel the subscription.
7.5. You may cancel the subscription at any time by logging into your account and cancelling your subscription, or alternatively by contacting the Company through the “Contact Us” tab on the Website requesting your submission be cancelled.

8. Privacy and Security Information

8.1. The Company is bound by the Privacy Act 2020 (NZ) and the Health & Balance Vitamins Privacy Policy.
8.2. Any personal information, if any, held by the Company will be kept confidential and no details will be given to third parties without consent.
8.3. We do not guarantee that any data transmission over the Website will be totally secure. All data transmitted by you is at your own risk, however, all transmissions received by us will experience all necessary and reasonable steps to be preserved securely in accordance with best practice, cyber security, and Privacy Protection controls.

9. Confidential Information

9.1. The Company does not collect or store any personal confidential information. However, should you share any personal confidential information with the Company, the Company warrants that any and all information will be treated to be confidential and may use confidential information of the disclosure only for the purposes of this agreement and otherwise required by law.

10. Indemnity and limitation of liability

10.1. To the fullest extent permitted by law, the Company expressly disclaims all warranties, express or implied, of any kind with respect to the Products sold on the Website, including but not limited to merchantability and fitness for a particular purpose, except for the consumer guarantees provided under the Consumer Guarantees Act 1993 (CGA) and any other applicable New Zealand consumer laws. 

10.2. You agree that the sole and exclusive maximum liability to the Company arising from any Product sold on our Website shall be the price of the Product ordered.
10.3. You agree to the fullest extent permitted by law to waive all legal rights of action against and fully release and indemnify the Company and its officers, directors, employees, servants, agents or consultants from any and all liability arising from or in connection with their death or personal injury howsoever arising out of or in relation to the Products sold by the Company, including without limitation, liability for a negligent or tortuous act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the Company, its officers, directors,employees, servants, agents or consultants.
10.4.The Company does not exclude or limit the application of any provision of any statute (including the Consumer Guarantees Act 1993, Fair Trading Act 1986, and any other applicable New Zealand consumer protection legislation) where to do so would:
10.4.1. contravene that statute; or
10.4.2. cause any part of these terms and conditions to be void.
10.5. Except to the extent condition 10.4. applies, and to the extent permitted by law, the Company excludes all:
10.5.1. statutory liability;
10.5.2. tortious liability (including negligence);
10.5.3. conditions and warranties implied by custom, the general law or statute;
10.5.4. liability for all special, indirect, incidental, consequential or punitive damage and economic loss, loss of profits, loss of revenue, loss of bargain, loss of goodwill, loss of anticipated savings, or loss of use of products or equipment, arising out of or relating to these terms and conditions, the services offered by the Company, or any failure to supply or delay in supplying the services by the Company, whether or not the Company was aware or should have been aware of the possibility of such loss or damage.
10.6. The Company’s liability to you for any breach of any express or implied provision of these terms and conditions is limited, at the Company’s option, to:
10.6.1. Refunding the price of the goods or services in respect of which the breach occurred; or
10.6.2. Replacing those goods.
10.7. You agree to indemnify and hold harmless the Company and each of its officers directors, employees, servants, agents or consultants against any losses, costs, claims, damages, expenses, liabilities, proceedings or demands which any of them may directly or indirectly incur or suffer as a consequence of any breach by them of their obligations under these terms and conditions.

11. Intellectual Property

11.1. You acknowledge and agree that the Website and the content, materials and information contained within are exclusively owned by the Company.

11.2. This exclusive ownership is protected by intellectual property and copyright laws recognised internationally and domestically, including the Copyright Act 1994 (NZ), whether existing under statute, at common law or in equity, now or hereafter in force.
11.3. We reserve the right to encrypt, force password, and/or stamp license details at our discretion to ensure additional safety.
11.4. We acknowledge that all information, materials, and content provided by way of the Website does not infringe upon the intellectual property of any third parties.
11.5. No claims or associations may be asserted from any references to third parties or third-party intellectual property by us.
11.6. You acknowledge and agree to respect the intellectual property rights of others, including but not limited to other users and third parties. You will refrain from using, reproducing, or exploiting any third party or user content in a manner that would infringe upon their intellectual property rights whether existing under statute, at common law or in equity, now or hereafter in force.
11.7. These terms do not in any way transfer any of our intellectual property rights to you or any third parties.
11.8. All intellectual property displayed on the Website has been provided with consent.
11.9. No content, materials, or information on the Website should be interpreted as granting any rights to the commercial use or distribution of any names, logos, or trademarks, without the express written consent and agreement by the relevant owners.
11.10. If it is identified that our intellectual property has been infringed upon, we reserve the right to report you to the relevant authorities, or take any other actions deemed necessary.

12. Errors and Omissions

12.1. The Company does not promise or guarantee that all information on the Website is correct, complete and/or up to date.
12.2. The Company has taken reasonable steps to ensure the information on the Website is accurate, however, the Company cannot guarantee the Website is free of errors.
12.3. Customers are responsible for conducting due diligence to verify any information obtained from the Website.

 

13. Entire Agreement

13.1. This Agreement and all related policies, notices, and documents constitute the entire agreement concerning your use of this Website and supersedes all previous agreements whether written or oral.

14. Jurisdiction

14.1. These terms and conditions are governed by and construed in accordance with the laws of New Zealand. Any disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.