The Wellness Directory
These are designed to make The Wellness Directory LTD a safe and workable place for our Members.
Welcome to the www.thewellnessdirectory.co.nz owned by The Wellness Directory LTD, (hereinafter the "COMPANY" or "we").
The goal of The Wellness Directory LTD is to connect Auckland registered health professionals with the local public. Furthermore, we strive to raise the awareness of holistic therapies and natural health products within the local community.
www.thewellnessdirectory.co.nz is an online
advertising service for
health professionals and small health businesses within Auckland. We
also provide onsite health resources for local and global visitors.
Alternatively, if you have any questions or concerns in relation to the Website or these General Terms and Conditions of Use please contact us by email at the address below: [email protected].
1. ACCEPTANCE OF TERMS AND BINDING EFFECT
A. www.thewellnessdirectory.co.nz reserves the right to update the TOU at any time without notice to User.
B. The right to use www.thewellnessdirectory.co.nz is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
C. COMPANY shall have the right at any time to change or discontinue any aspect or feature of www.thewellnessdirectory.co.nz, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
3. DESCRIPTION OF SERVICES
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of www.thewellnessdirectory.co.nz and all charges related thereto.
5. USER CONDUCT
A. User shall use www.thewellnessdirectory.co.nz for lawful purposes only. User shall not post or transmit throughwww.thewellnessdirectory.co.nz any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without The Wellness Directory LTD's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by User that in The Wellness Directory LTD's discretion restricts or inhibits any other User from using or enjoying www.thewellnessdirectory.co.nz will not be permitted. User shall not use www.thewellnessdirectory.co.nz to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with The Wellness Directory LTD.
B. www.thewellnessdirectory.co.nz contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of www.thewellnessdirectory.co.nz are copyrighted as a collective work under the United States copyright laws. The Wellness Directory LTD owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of The Wellness Directory LTD and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available onwww.thewellnessdirectory.co.nz any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.thewellnessdirectory.co.nz, User automatically grants, or warrants that the owner of such material has expressly granted The Wellness Directory LTD the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store, or reproduce the material for that User's personal use. User hereby grants The Wellness Directory LTD the right to edit, copy, publish and distribute any material made available onwww.thewellnessdirectory.co.nz by User.
D. The foregoing provisions of Section 5 are for the benefit of The Wellness Directory LTD, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
A. The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
" Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
" Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
" Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
" Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
" Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
" Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
" Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
" Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
" Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
" Restrict or inhibit any other user from using and enjoying the Communication Services.
" Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
" Harvest or otherwise collect information about others, including email addresses.
" Violate any applicable laws or regulations.
" Create a false identity for the purpose of misleading others.
" Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
B. The Wellness Directory LTD has no obligation to monitor the Communication Services. However, The Wellness Directory LTD reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. The Wellness Directory LTD reserves the right to terminate User's access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. The Wellness Directory LTD reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Wellness Directory LTD sole discretion.
C. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
D. Always use caution when giving out any personally identifiable information in any Communication Services. The Wellness Directory LTD does not control or endorse the content, messages or information found in any Communication Services and, therefore, The Wellness Directory LTD specifically disclaims any liability with regard to the Communication Services and any actions resulting from User's participation in any Communication Services. Managers and hosts are not authorized The Wellness Directory LTD spokespersons, and their views do not necessarily reflect those of The Wellness Directory LTD.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the
Services requires User to open an account, User must complete the
registration process by providing The Wellness Directory LTD with
current, complete and accurate information as prompted by the
applicable registration form. User also will choose a password and a
user name. User is entirely responsible for maintaining the
confidentiality of User's password and account. Furthermore, User is
entirely responsible for any and all activities that occur under User's
account. User agrees to notify The Wellness Directory LTD immediately
of any unauthorized use of User's account or any other breach of
security. The Wellness Directory LTD will not be liable for any loss
that User may incur as a result of someone else using User's password
or account, either with or without User's knowledge. However, User
could be held liable for losses incurred by The Wellness Directory LTD
or another party due to someone else using User's account or password.
User may not use anyone else's account at any time, without the
permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
A. Any software that is made available to download from the Services ("Software") is the copyrighted work of The Wellness Directory LTD and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
B. The License Agreement is based upon one domain name use. Domains need to be fully owned by the User. Users can buy as many licenses as they need for as many domains that the User owns.
C. The Software is made available for download solely for use or personal use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. The Software is made available for download solely for use or personal use by end users according to the License Agreement. Violators will have their licenses revoked if they do not follow these terms and will be prosecuted to the maximum extent possible.
D. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, The Wellness Directory LTD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
E. FOR YOUR CONVENIENCE, The Wellness Directory LTD MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. The Wellness Directory LTD DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The Wellness Directory LTD AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL The Wellness Directory LTD AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The Wellness Directory LTD AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL The Wellness Directory LTD AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO The Wellness Directory LTD OR POSTED AT ANY OF ITS WEBSITES
C. The Wellness Directory LTD is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, The Wellness Directory LTD has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of www.thewellnessdirectory.co.nz, are those of the respective author(s) or distributor(s) and not of The Wellness Directory LTD. Neither The Wellness Directory LTD nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
12. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When accessing the Website or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Materials you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Materials do not violate any laws or third party rights rests solely with you.
13. DISCLAIMER FOR HEALTH INFORMATION OR CONTENT WITHIN THE SITE
The Wellness Directory aims to provide useful and accurate health information. The editors of the material contained herein have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. Patients and all other visitors reading articles or other material displayed within thewellnessdirectory.co.nz site should review the information carefully with a healthcare professional or local GP. The information is not intended in any way to substitute for professional medical advice. Neither the content nor any other service offered through the thewellnessdirectory.co.nz is intended as diagnosis or treatment. Always contact and seek advice from your qualified health professional if you have any concerns over your health.
thewellnessdirectory.co.nz does not assume any legal liability or responsibility for the accuracy, usefulness or completeness of any information provided through the article submissions within the site.
thewellnessdirectory.co.nz does not endorse or recommend any product or service within the site. Furthermore, the views of the authors that have submitted their articles to this site are owned by them alone and do not necessarily reflect the views of thewellnessdirectory.co.nz.
thewellnessdirectory.co.nz does not warrant or guarantee the products, services, or information found within the site.
14. LINKS TO THIRD PARTY SITES
A. THE LINKS IN THIS
AREA WILL LET YOU LEAVE The Wellness Directory LTD'S SITE. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF The Wellness Directory LTD AND The
Wellness Directory LTD IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY
LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES. The Wellness Directory LTD IS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. The Wellness Directory LTD IS PROVIDING THESE LINKS TO YOU
ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
ENDORSEMENT BY The Wellness Directory LTD OF THE SITE.
B. The Wellness Directory LTD is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, The Wellness Directory LTD has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of www.thewellnessdirectory.co.nz, are those of the respective author(s) or distributor(s) and not of The Wellness Directory LTD. Neither The Wellness Directory LTD nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
C. In many instances, the content available throughwww.thewellnessdirectory.co.nz represents the opinions and judgments of the respective information provider, User, or other user not under contract with The Wellness Directory LTD. The Wellness Directory LTD neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on www.thewellnessdirectory.co.nz by anyone other than authorized The Wellness Directory LTD employee spokespersons while acting in their official capacities. Under no circumstances will The Wellness Directory LTD be liable for any loss or damage caused by a User's reliance on information obtained throughwww.thewellnessdirectory.co.nz. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through The Wellness Directory LTD. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Directory LTD respects your privacy and permits Users to control the
treatment of personal information. A complete statement of The Wellness
Policy" link located or published at the bottom of our Web pages.
The Wellness Directory LTD shall have the right, but not the obligation, to monitor the content of www.thewellnessdirectory.co.nz, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by The Wellness Directory LTD and to satisfy any law, regulation or authorized government request. The Wellness Directory LTD shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on www.thewellnessdirectory.co.nz. Without limiting the foregoing, The Wellness Directory LTD shall have the right to remove any material that The Wellness Directory LTD, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Either The Wellness Directory LTD,www.thewellnessdirectory.co.nz or User may terminate this Agreement at any time. Without limiting the foregoing, The Wellness Directory LTD shall have the right to immediately terminate User's Account in the event of any conduct by User which The Wellness Directory LTD, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
18. PAYMENTS AND REFUND POLICY
A. WHEN YOU CREATE A 'EXPERT' MEMBERSHIP ACCOUNT, YOU ENTER YOUR PAYMENT METHOD. YOU MUST BE AUTHORIZED TO USE THE PAYMENT METHOD. YOU AUTHORIZE US TO CHARGE YOU FOR THE SERVICE USING YOUR PAYMENT METHOD AND FOR ANY PAID FEATURE OF THE SERVICE FOR WHICH YOU CHOOSE TO SIGN-UP OR USE WHILE THIS CONTRACT IS IN FORCE. WE MAY BILL YOU FOR MORE THAN ONE OF YOUR PRIOR BILLING PERIODS TOGETHER. IF WE INFORMED YOU THAT THE SERVICE WOULD BE PROVIDED INDEFINITELY OR AUTOMATICALLY RENEWED, WE MAY AUTOMATICALLY RENEW YOUR SERVICE AND CHARGE YOU FOR ANY RENEWAL TERM.
B. Certified businesses will ensure payments are made to The Wellness Directory promptly within the time period specified on invoices issued. Invoices for annual renewal of membership will be sent automatically and are payable unless The Wellness Directory receives written notice from the certified business within 14 days of date of such invoice that it wishes to cancel its membership. The Wellness Directory reserves the right to cancel or suspend a membership for non or delayed payment.
C. In the unlikely event that an advertiserʼs account remains unpaid for 20 days or more The Wellness Directory reserves their right to remove advertising and cancel the advertiserʼs contract, on the basis that (1) the advertiserʼs account remains unpaid and (2) that the advertiser receives a minimum of 7 working days written notice (via email or letter) of its intention to cancel the contract, should the account remain unpaid.
D. Should an advertiser wish to remove their advertising, two weeks notice in writing must be given. No refunds will be given on 6 or 12 month prepaid contracts but advertising will be removed within the one week period upon receipt of the written request to cancel. All cancellation notices should be addressed to:
The Directors, The Wellness Directory Ltd and be sent by either:
Mail: PO Box 911469, Victoria Street West, Auckland, 1142. OR
E-mail: [email protected]
E. The price for the service excludes all taxes and phone charges, unless stated otherwise. These taxes and charges are your responsibility. We may change the price of the service from time to time, but we will tell you before we do.
F. If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price.
G. If you do not agree to these changes, then you must cancel and stop using the service before the changes take place. If you cancel your service, then your service ends at the end of your current service time length or, if we bill your account on a period basis, at the end of the period in which you cancelled.
H. We will provide you with an online billing statement accessible online through your User Account. This is the only billing statement that we provide. If you request a paper copy, we may charge you a retrieval fee. We will only provide paper copies for the past 120 days. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time.
I. For cancellations within the 1st 4 months of a 12-month contract, an early cancellation and admin fee of $70 is applicable.
J. All outstanding invoices that remain unpaid after a 30-day period, will incur a 10% administration and penalty fee.
19. WEBSITES CREATED BY THE WELLNESS DIRECTORY LTD
A. WEBSITE HOSTING
The Wellness Directory web hosting facilities are contracted to third party suppliers but the terms and conditions of the contract require The Wellness Directory to be the sole point of contact for such service. The Wellness Directory will use all reasonable endeavours to ensure that sufficient capacity is maintained on their third party computer facilities to enable users to access the customer’s website. Because they do not own or control all the facilities and communication lines necessary for access, The Wellness Directory cannot guarantee that access will be uninterrupted or error free. The Wellness Directory do however have a contract in place between themselves and the third party to ensure that a good service level is maintained.
The Wellness Directory will keep all of the customer’s user names and passwords in relation to the website confidential.
A hosting term of a minimum of one year from the date of the final website design and build payment will apply. After the end of the Minimum Term, either party may cancel this agreement on 1 month’s written notice to the other.
If at the end of the Minimum Term the customer wishes to transfer their domain name and/or website hosting to a third party provider, then The Wellness Directory reserves the right to charge $97 per hour per domain name to manage the transfer.
B. WEBSITE BUILD
The standard timeframe for website completion is 8-10 weeks depending on the specific needs of the client and providing the client has submitted all relevant and requested information to build the website. The Wellness Directory reserves the right to increase this timeframe if:
- There are notable and/or regular delays in client communication
- Requested material is not received within the sufficient timeframe of 1-2 weeks after the project has started
- Unforeseen circumstances or emergencies in which instance an amended timeframe can be agreed by client and The Wellness Directory
The Wellness Directory may immediately terminate this Agreement in relation to any or all services acquired by or provided if:
- The customer is in breach of any provision of these terms and conditions and has not remedied that breach within 10 days of receiving notice from The Wellness Directory;
- The Wellness Directory third party contracted web hosting facilities cease are likely to cease on a permanent basis or are terminated.
20. GOVERNING LAW
You agree by accessing the website that this agreement and your relationship with The Wellness Directory will be governed exclusively by the laws of New Zealand and that you irrevocably submit to the jurisdiction of the Courts of New Zealand.
The section headings used herein are for convenience only and shall not be given any legal importance.
All contents of Website or Services are: © The Wellness
Directory LTD. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
26. NO LICENSE
Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, logos and the like owned by The Wellness Directory LTD or by any third party.
Any notices to The Wellness Directory LTD shall be given by email to[email protected] or by certified mail, return receipt requested to The Wellness Directory LTD, address Victoria Street West, Auckland City, PO Box 911469.. Any notice to Users shall be sent by email to the email address provided by the User. Email notices to a User shall be deemed delivered twenty-four (24) hours from the time the email is sent. Notices to The Wellness Directory LTD shall be deemed delivered five (5) calendar days after sent by certified mail.
28. COPYRIGHT INFRINGEMENT
The Wellness Directory LTD has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website or with the Services. The Wellness Directory LTD has adopted a policy that provides for the immediate suspension and/or termination of any Website or Services user who is found to have infringed on the rights of The Wellness Directory LTD or of a third party, or otherwise violated any intellectual property laws or regulations. The Wellness Directory LTD's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want The Wellness Directory LTD to delete, edit, or disable the material in question, you must provide The Wellness Directory LTD with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Wellness Directory LTD to locate the material; (d) information reasonably sufficient to permit The Wellness Directory LTD to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective you must provide it to the Copyright Infringement Unit,[email protected] and by certified mail, return receipt requested The Wellness Directory LTD, address Victoria Street West, Auckland City, PO Box 911469..
29. INDEPENDENT PARTIES
and The Wellness Directory LTD expressly agree that each is an
independent contractor of the other. Neither party is an agent,
representative, broker, employee, partner or joint venturer of the
other party. This Agreement shall not be interpreted or construed to
create an association, joint venture, agency, franchise or partnership
between the parties or to impose any partnership obligation or
liability upon either party
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.