| These terms and conditions apply to all users of this Site and its associated services. By using the Site or its associated services you will be deemed to agree to these terms and conditions without qualification. If you do not agree to be bound by these terms and conditions, please do not use or continue to use the Site or its associated services. |
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Username and Password
Users of the personalised sections of the site will be allocated a username and password which must be used whenever requested. The username and password are personal to you and you agree at all times to maintain the confidentiality of your username and password and not to disclose them to any third party. You agree that you are solely responsible for any use of the Site by any person using your username and password. You agree to indemnify My Health Coach against any and all claims arising out of your failure to maintain the confidentiality of your username or password.
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Access
You understand that My Health Coach may for security and technical reasons at any time in its sole discretion and without prior notice to you, prohibit or restrict your access to the Site. My Health Coach will notify you as soon as possible of any restriction to your access rights.
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No Advice
You agree that My Health Coach provides information and suggestions to the best of its ability however does not advise on the suitability of any particular transaction or course of action. The availability of information through the Site does not constitute a recommendation by My Health Coach to enter into any transaction or follow any course of action. Any decision that you make must be based solely on your own evaluation of your circumstances and objectives. My Health Coach recommends that you independently verify the accuracy, currency or reliability of any information made available via the Service and upon which you intend to rely. My Health Coach also recommends you obtain independent medical advice before making any changes to your regular practices and routines.
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Information and warranties
My Health Coach and its information contributors and associated service providers do not give any warranty whatsoever, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the information or services made available via the Site and expressly disclaim (to the maximum extent permitted in law) all liability for any damage or loss resulting from your use of, or reliance on the Site or the information provided via the Site. The site services and information are provided on an as is basis. My Health Coach make no warranty that the Site will be free from viruses or any kind of malicious code whatsoever.
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Linked sites
No link appearing in the Content and no linked site is endorsed by My Health Coach and no responsibility is taken for material on any linked site. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify My Health Coach against any liability arising out of your accessing any linked site.
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Intellectual Property
You acknowledge that My Health Coach is the proprietor or the authorised user of the copyright, trade marks and all other intellectual property rights (IP Rights) in the software, text, graphics and other material (Content) displayed or available through the Site. Unauthorised use of the Content is strictly prohibited and may infringe the IP Rights in the Content. Subject to these terms and conditions, My Health Coach grants to you a non-exclusive and non-transferable single user licence to use the Content for your own private and non-commercial purposes. No content may be reproduced, published or transmitted in any manner without the prior written consent of My Health Coach. In particular and without limitation, you may not without prior written permission from My Health Coach: archive the Content or any part of it; form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content; redistribute or republish the Content ;or link to the Site including (without limitation) linking in any way which frames the Site; replicates the Site or misleads any person regarding any association with the Site; or your association with My Health Coach or otherwise whether implicitly or expressly.
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Technical Difficulties
You acknowledge that your use of the Site and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, My Health Coach and its service providers do not make any warranty that the Site or services will be error free, without interruption or delay or free from defects in design or engineering.
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Refund Policy
My Health Coach does not offer refunds of any sort unless explicitly offered at the start of the users subscription.
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Subscription Payments
Subscriptions to My Health Coach are either to be prepaid in advance or are paid monthly for the coming month. Any subscriptions unpaid 7 days after due date may have their service interrupted. Such interruption does not relieve the subscriber from the obligation to pay the monthly charge. Only a written request to terminate the service relieves the subscriber of obligation to pay the monthly subscription charge. One months notice must be given to terminate the service. Subscriptions in default are subject to a late payment charge of UK25 pounds and an interest charge of 1.5 percent per month on the outstanding balance. If the subscriber defaults, the subscriber agrees to pay My Health Coach its reasonable expenses, including solicitor and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
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Product and Service Payments
Payments for products and services to My Health Coach are to be prepaid prior to delivery of the product or service. Deliveries for physical goods are always made at the first available opportunity but can take up to 3 weeks to be processed.
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Liability
To the maximum extent permitted in law you specifically agree to indemnify and hold My Health Coach harmless from any and all claims relating to your use of the Site or its use by any person on your behalf. For the purposes of this paragraph Site means and includes any linked site.
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Privacy
You acknowledge that you have read and understood and agree to the terms of the Privacy Statement.
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Severability
The illegality, invalidity or unenforceability of any part of the terms and conditions will not affect the legality, validity or enforceability of the remainder.
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Variations
My Health Coach may vary these terms and conditions from time to time. By continuing to use the Site after a Variation has been posted on the Site or after you have been notified of a Variation you will be deemed to agree to the varied terms and conditions.
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Cancellations
Notice to cancel subscriptions from this website can be made at any time, giving 30 days notice. Prepaid subscriptions will not be refunded under any circumstances.
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Law
These conditions and your use of the Site will be governed by and construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the New Zealand Courts.
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