This website is operated by Health Fx Ltd. Health Fx Ltd is a New Zealand owned and operated business. All prices are displayed in New Zealand Dollars and all payments will be made in New Zealand Dollars.
Health Fx offers this website and all its information, tools and services to you, conditional upon your acceptance of all terms and conditions noted below.
By visiting HealthFx.co.nz and/or purchasing our product, you engage in our “service” agreement and are therefore bound by the below terms and conditions. These Terms apply to all users of the site, including but not limited to, browsers, customers, vendors, merchants and contributors of content.
If you do not agree to all the Terms and Conditions then you may not access the website. We reserve the right to change these Terms at our discretion and without notice. It is your responsibility to check this page for any changes. The latest Terms will be posted on the Site. Your continued use of the Site after changes are posted constitutes your acceptance of those changes.
ON LINE STORE TERMS
Our products and services are not available to persons under 18 years of age or who are otherwise legally prohibited from entering into binding contracts. You may not use our products for any illegal or unauthorised purpose. Also, in using our service or buying our product, you may not violate any laws in New Zealand or elsewhere. You may register as a member of the Site. If you register as a member of the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
We reserve the right to refuse service to anyone for any reason at any time.
While we are proud of our product and have made every effort to make it exceptional, we do not warrant that the quality of any product bought by you will meet your expectations or achieve any specific weight loss results. Weight loss is individual and is determined by many other factors outside our control.
DELIVERY, ORDERING AND PAYMENT
When ordering, please be sure to provide your full name, exact billing address and any other required information. Incorrect information may cause a delay in processing your order. All orders are subject to availability of stock. We may not be able to make changes to orders once they have been placed. However, if notified by the customer of an error (by email) we will do our best to correct the order.
HealthFx cannot take responsibility for packages that have been incorrectly addressed by the customer.
Once your order has been received & packed by our dispatch team, we are not able to cancel or refund your order.
International orders may attract local customs taxes or duties on arrival to your country. These taxes / duties are required to be paid by the purchaser and are not the responsibility of HealthFx Ltd. No refunds will be issued for orders where taxes / duties remain unpaid by the purchaser. Please check with your local customs agency regarding the tax / duty likely to be charged prior to placing your order.
HealthFx carries the responsbility of the product until it is delivered. Once it has passed been delivered it becomes the responsibility of the customer. HealthFx holds no responsibility to replace or refund orders that have been delivered.
We reserve the right to change our prices without notice. We reserve the right to limit the sale of our product to any person or geographical region and to limit the quantities of any product we offer.
INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHT)
In these Terms, “Content” means any material and/or information including text, video, graphics, images, logos, button icons and audio, data compilations, and software, found or published on the Site. Unless otherwise specified, all Content (and all related intellectual property rights) on the Site is the property of Health FX or (if applicable) our content suppliers and is protected by intellectual property (including copyright) laws. The compilation of the Content is our exclusive property. Nothing contained in these Terms or on the Site confers any licence or right to use any trademark, or copyright of Health Fx or any third party. Products and names mentioned on the Site may be trademarks of their respective owners, who may or may not be affiliated with, connected to or sponsored by Health Fx. We grant you a revocable, limited, non-exclusive licence to access and use the Site, solely by you for your own personal use. You must not reproduce, retransmit, assign, sub-licence, prepare derivative works, distribute, disseminate, sell, publish, broadcast or circulate any Content from the Site to a third party or use or display the Content on any other website without first obtaining the written consent of Health Fx. Any unauthorised use terminates the licence granted by Health Fx. Commercial use or publication of any Content is strictly prohibited without the written consent of Health Fx.
INFORMATION ON THE SITE
We will always attempt to be as accurate as possible with our product descriptions and pricing and other Content. However, Health Fx does not warrant that product descriptions, pricing or other Content on the Site is accurate, complete, reliable, current, or error-free. Prices of products and other Content is subject to variation without notice. In the event a product is listed at an incorrect price due to a data entry error, Health Fx will have the right to refuse or cancel any orders (whether payment has been received or not) placed for any product listed at an incorrect price. If payment has been received and your order is cancelled by Health Fx due to a pricing error, we will refund the amount paid for the relevant order.
While every attempt is made to represent our product accurately on the website, we cannot guarantee that your computer monitor’s display of any colour will be accurate.
MEDICAL DISCLAIMER
Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.
Our products are not intended to treat, cure or prevent any disease. The information on our website is for general information only and is not intended as a substitute for the advice from your Medical Doctor.
Always seek the advice of your healthcare/medical professional when starting any new health or nutritional treatment or programme or with any questions you may have regarding your medical condition. You should carefully read all information provided on our product label. Please seek medical advice prior to consuming any product from the Site if you have any allergies or illnesses, are over 65, under 18, pregnant or breastfeeding or have an eating disorder. If you are taking prescription medication please consult your Medical Doctor regularly, as losing weight can impact dosages. If you experience an adverse reaction to our product stop taking it immediately and seek medical advice.
DISCLAIMER AND NO WARRANTIES
We reserve the right to remove the service for periods of time or cancel the service at any time, without informing you.
Health Fx makes no representations, endorsements or warranties whatsoever of any kind (express or implied), in relation to the Site, the Content, or the products (or their use). You agree that your use of the Site and all of our products is at your sole risk. All products delivered to you through the service are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
LIMITATION OF LIABILITY
Health Fx is not liable for any damages of any kind, including but not limited to any claim or loss, damage or liability arising out of, or relating to, this website or the information in it or any product.
In no case shall Health Fx, our directors, employees, affiliates, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
INDEMNIFICATION
You agree to waive any and all claims that you now have or may have in the future against Health Fx and its associates which relate (directly or indirectly) to the Site (including your use of the Site), the Content or any product (including any purchase of product) or service offered or found on the Site. You agree to indemnify and hold Health Fx, it associates and any third parties mentioned on the Site (“Indemnified Persons”) harmless from and against any and all claims, demands, damages, losses, costs or expenses (including reasonable solicitor fees) arising from, resulting from or relating to (directly or indirectly) your use of the Site (including any content submitted by you), the Content, the products (including your use of a product) or services offered or found on the Site or your breach of these Terms.
PRIVACY POLICY AND PERSONAL INFORMATION
Health Fx considers all personal and account information you provide us as private. The information is kept secure from outside parties. We use the information only for the limited purposes of processing your orders, to administer the Site, and to notify you of products or special offers that may be of interest to you. Your phone number may be added to the delivery label to facilitate delivery. You may request access to personal information we hold about you by contacting us.
LINKS TO OTHER WEBSITES
Our Site may direct you to third-party websites that are not affiliated with us. These links are provided solely for your convenience. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Our link does not imply approval or endorsement of the linked website by us. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you send suggestions, proposals, ideas, or other materials, whether online, by email or by postal mail, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You also agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. You may not transmit or import any viruses or any code that is destructive.
We may, but have no obligation to, monitor, edit or remove content that we determine as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
PROHIBITED USES
You are also prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
TERMINATION
We may at any time, at our sole discretion, without liability, terminate or suspend your access to all or part of the Site for any conduct we believe is in breach of these Terms or any applicable law, if you are suspected or found to have engaged in inappropriate or fraudulent activity in connection with the use of the Site or if we are unable to authenticate or verify information you provide to us or believe that your actions may result in legal liability. Termination does not affect any accrued rights or remedies of either party. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and bar any further access to the Site.
GENERAL AGREEMENT
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.