terms & conditions
Please read these Terms and Conditions (“T&C”) carefully. We reserve the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website and its Content you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use our Website or its Content.
Website Use and Consent
The words, photos, images, information, materials, documents, data, and all other information and intellectual property accessible on or through this Website (“Content”) is our property and is protected by New Zealand intellectual property and copyright laws. MYFOODFORMULA owns the content, photographs, resources and recipes (unless otherwise stated) published on this Website, www.myfoodformula.com. We request you do not use anything published in this Website as your own, although you may share content, photographs, and public resources by contacting, referring to, or directly linking back to this site, www.myfoodformula.com. All rights reserved © 2017 MYFOODFORMULA.
- Feel free to Gram & Share!
Scheduling Appointments, Cancellations and Refunds
An appointment can be scheduled at any time using the Book Online button or the Book Your Appointment page on the Website. The customer will automatically receive confirmation of the appointment time via the email address provided during appointment booking. Confirmed appointments can be rescheduled free of charge by contacting MYFOODFORMULA by phone or email at least 24 hours before the scheduled appointment time. An appointment can be cancelled by using the Cancellation option provided in the booking confirmation email, or by emailing email@example.com or calling +64 273458735 more than 24 hours before your scheduled appointment. If insufficient time is given, or the customer does not attend the consultation, they will incur a 50% of service charge. Once Skype or in-person contact has been made between a MYFOODFORMULA expert and the customer, no refund will be given.
Pricing for MYFOODFORMULA Services is quoted in New Zealand dollars (NZD) and Australian dollars (AUD). Both include GST. Payment for services is expected in full before the completion of the MFF online or in-person service, and can be completed via online bank transfer. Please include your name, invoice number, and the service(s) you received in the reference/details boxes of the transaction. Please use the internet banking details (bank and account number) included on your invoice to set up and finalise your payment.
The name that will appear on your bank statement will be MYFOODFORMULA. We can accept international bank transfers and credit card payments, although additional fees may be incurred, which are the responsibility of the customer to cover as per the cost(s) determined by the customer's bank.
In order to receive a discount equal to that displayed on the MYFOODFORMULA gift certificates, the receiver of the certificate must type the code included on the certificate into the "Promotional" box when completing their online booking. Failure to input the gift certificate code at this time will result in a full charge for the service. Only one gift certificate may be used for any one service booking. Gift certificates are valid fir six months following purchase.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You
The Content on this Website is property solely owned by us, and it is protected by copyright, trademark, and other intellectual property laws.
If you view, purchase or access our Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
When you purchase from or access our Website or any of its Content, you agree that
- You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
- You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.
- You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content – it is still our property.
- You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing our work.
- We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any that earns you money, unless we give you written permission that you may do so.
As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort and expense, and that this Website and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorised use. We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorised by us.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Your License to Us
By posting or submitting any material on or through our Website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorised by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also grant us, and anyone authorised by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.
Request for Permission to Use Website Content
Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the Contact form on this Website, or by sending an e-mail to firstname.lastname@example.org
We very clearly state that you may not use any Content in any way that is contrary to these T&C unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.
At MYFOODFORMULA we understand that everyone is different, and therefore may react differently to diet, nutrition and lifestyle changes. The information included on this website is by no means medical advice. It serves to introduce an avenue to access MYFOODFORMULA services, which the customer may choose to implement or discard. For any specific mental or physical health conditions beyond the scope of the MYFOODFORMULA practitioners' expertise, a practitioner that is highly knowledgable in that specific health condition can be contacted with the customers permission. Any referral of this kind will end the relationship between MYFOODFORMULA expert and customer, with full responsibility and liability being transferred to the new healthcare provider. Before choosing an online or in-person MYFOODFORMULA service, we advise customers to read the service description carefully, complete the Personal Information form in as much detail as possible, clarify any queries by emailing email@example.com prior to booking online, and disclose in full any medical conditions, medications, allergies, sensitivities and illnesses when completing online booking. Do not stop taking any medications without first consulting your doctor/physician, nurse practitioner, pharmacist, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your current affiliated health care provider promptly.
We provide this website “as is”, “with all faults” and “as available”. We make no express warranties as to our website or its content. You agree that our website and its contents are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website or its content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website, content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our website or its content or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
We try to ensure that the availability and delivery of our Website, its Content, and the Skype Application is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Website, its Content, or the Skype Application become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website, its Content, or the Skype Application inaccessible to you.
Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
We reserve the right to (a) correct any error, inaccuracy or omission at any time without prior notice or liability to the customer or any other person; (b) change at any time the services made available for purchase on our Website, the prices, fees, charges and specifications of services, any promotional offers and any other Content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any booking, including accepted bookings for any reason and (d) limit services available for purchase.
Links to Other Websites
We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
Limitations on Linking and Framing
You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement, or ownership with our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
Indemnification, Limitation of Liability and Release of Claims
You agree at all times to defend, indemnify and hold harmless MYFOODFORMULA, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with us.
Limitation of Liability
We will not be held responsible or liable in any way for the information that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
You are agreeing that you will not use our Website or its Conduct in any way that causes or is likely to cause the Website, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You agree to only purchase services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
You must use the Website and its Content for lawful purposes only. You agree that you will not use the Website or its Content in any of the following ways:
- For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
- To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
- To cause annoyance, inconvenience or needless anxiety
- To impersonate any third party or otherwise mislead as to the origin of your contributions
- To reproduce, duplicate, copy or resell any part of our Website or its Content in a way that is not in compliance with these T&C or any other agreement with us.
When you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.