Terms and Conditions
Version: 1.1
Last Updated: 7th December 2024
1. Introduction
Welcome to Elev8 Wellness ("we," "us," or "our"). By accessing or using our website located at www.elev8wellness.co.nz (the "Site") and any related services, you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, please do not use the Site.
We reserve the right to change these Terms at any time. Any changes will be effective immediately upon posting on the Site, and your continued use of the Site after such changes constitutes acceptance of those changes.
2. Eligibility and Acceptance of the Terms
By using the Site, you represent that you are at least 16 years old or have the consent of a parent or guardian, and that you have the legal capacity to enter into and be bound by these Terms. If you do not meet these requirements, you must not access or use the Site.
3. Your Responsibilities
You agree to use the Site only for lawful purposes and in a manner consistent with all applicable laws and regulations. You must not:
•Use the Site to infringe upon the rights of others.
•Post or transmit any unlawful, fraudulent, defamatory, obscene, or otherwise objectionable content.
•Introduce viruses, worms, trojan horses, or other malicious code.
•Interfere with, disrupt, or attempt to gain unauthorized access to any part of the Site, servers, or networks connected to the Site.
•Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our explicit written permission.
4. Intellectual Property
All content, features, and functionality on the Site—such as text, graphics, logos, images, audio clips, video clips, software, and digital downloads—are owned by Elev8 Wellness or our licensors and are protected by New Zealand and international intellectual property laws. You may view, download (temporarily), and print a reasonable number of pages from the Site for your personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content, is strictly prohibited without our prior written consent.
5. User Accounts and Security
If you create an account on our Site, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your login credentials and for any activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.
We are not liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, if we believe you have violated these Terms.
6. Third-Party Services and Links
Our Site may include links to third-party websites, services, or applications (collectively, "Third-Party Services") for your convenience. Such links do not imply our endorsement, affiliation, or approval of any Third-Party Service. We are not responsible for the content, privacy policies, or practices of any Third-Party Service, and you access such services at your own risk.
We may also integrate third-party technologies (such as Google Firebase, Google Gemini AI, ipapi.co, Google reCAPTCHA, and potentially Cloudflare services) to enhance functionality, security, or performance. Your use of these integrated services may be subject to the terms and conditions of those third parties.
7. Hosting and Data Storage
Our main website is hosted on Oracle infrastructure located in Sydney, Australia. We also use Google Firebase (auth, Firestore, storage) with servers located primarily in the United States, and potentially in other regions. By using our Site, you consent to the transfer and processing of your information in these jurisdictions. Please review our Privacy Policy for more details on how we handle and protect your information.
8. Disclaimers
No Medical or Health Advice: Any content provided on the Site is for general informational and educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified health professional regarding any medical condition or questions you may have.
"As Is" and "As Available": The Site and its content are provided "as is" and "as available" without any warranties, express or implied, including but not limited to warranties of accuracy, reliability, merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Site will be error-free, uninterrupted, secure, or free from viruses or other harmful components.
9. Limitation of Liability
To the maximum extent permitted by law, in no event shall Elev8 Wellness, its directors, employees, agents, partners, or suppliers be liable for any indirect, consequential, special, incidental, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site.
If certain laws do not allow the exclusion or limitation of liability, our liability will be limited to the greatest extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Elev8 Wellness, its directors, employees, agents, partners, and suppliers from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Site or your violation of these Terms.
11. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in New Zealand for the resolution of any disputes arising out of or relating to these Terms or your use of the Site.
12. Termination
We reserve the right to terminate or suspend your access to the Site at any time, without notice and for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Site will immediately cease.
13. Severability and Waiver
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. The failure of Elev8 Wellness to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Elev8 Wellness regarding your use of the Site and supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral.
15. Contact Us
If you have any questions, concerns, or comments about these Terms, please contact us at:
Elev8 Wellness
249 Fox Street, Hamilton East, Waikato, 3216, New Zealand
jordan@elev8wellness.co.nz
021 0289 0545