TERMS AND CONDITIONS

claireturnbull.co.nz (Be Your Best NZ Ltd) provides advice, recipes, wellness programmes, wellbeing events, workshops and products. These Terms and Conditions affect your legal rights and obligations in relation to this website and our services. In these Terms “you” and “your” means the individual accessing and using this website and our services.

By visiting this website, purchasing from our online shop, booking our services or subscribing to our mailing list, you agree you have read, understood, and accept these terms and agree to be bound by all applicable laws governing the website. If you do not agree to be bound by these Terms and such laws, please do not access or use this website, or engage with our services.

You should read these Terms carefully prior to confirming your purchase or engagement of our services. If you have any questions relating to these Terms, please contact us prior to making your purchase or engaging in our services, as confirming your order constitutes acceptance of these Terms.

We may amend these Terms from time to time without prior notice. You are responsible for ensuring you have read the most up-to-date version as your continued use of the website represents your agreement to be bound by these Terms. Changes to these Terms will apply to purchases, subscriptions, or engagement of services made after the change is made.

1. Intellectual Property Rights

1.1.  This website and its contents, including all advice, recipes, features, and functionality are either owned by us, the people we license such material from, or the provider of such material and are protected by New Zealand law. No right, title, or interest in or to this website or any content, features, or functionality on this website is transferred to you. Any use of this website or its contents not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark, and other laws.

1.2.  You are not permitted to copy, reproduce, alter, modify, create derivative works, publicly display, broadcast, or stream any content from our website without our prior express written permission.

1.3.  If you wish to make any use of material on this website, you must first seek approval from us, which approval may be granted or withheld at our discretion.

1.4.  Where we provide a link on this website to a third party’s website, the use of that third-party website is governed by the terms set out by that third party. We do not accept any responsibility or liability for your use of any third-party websites.

2. Bookings and Purchases

2.1.  Our findWellness programmes and Masterclass workshops are available for you to book online. You may also enquire about our other services. Bookings are subject to availability and to acceptance by us. Please refer to findWellness Terms for more information.

2.2.  We reserve the right to cancel an event or service if circumstances arise that are beyond our control. In such a case, we will discuss with you whether there is a new date on which the event may be rescheduled. If this is not possible, we will provide you with a credit or a refund. Refer to clause 4.

2.3.  Wellbeing products are purchased through our online shop. These will be couriered to you after purchase within 7 working days unless stated otherwise.

3. Payment and Fees

3.1.  The price of findWellness programmes and Masterclass workshops will be advertised on this website along with the details. The price of wellbeing products will also be advertised on this website along with the details. Prices for other events and services can be provided by contacting us through the website.

3.2.  Unless otherwise stated, all amounts are in New Zealand dollars. All bookings and purchases must be paid in full at the time of purchase. Prices are inclusive of GST.

3.3.  Programmes, workshops and products can be paid for using the methods available and provided on this website by our third-party payment processors. Payment for events and other services are to be in accordance with such process as we advise or otherwise agreed.

3.4.  Once payment for your purchase has been received by us we will send you a confirmation in relation to your purchase or engagement of services. The confirmation will be sent to the email address that you provided at the time of your order. If you have not received a confirmation within 48 hours, please contact us so we can confirm your purchase.

4. Cancellations and Refunds

4.1.  You may cancel an event booking at your discretion by giving notice to us.

4.1.1.  If you give us more than 14 days’ notice prior to the booking date, we will provide you with full credit for the purchase price of your booking.

4.1.2.  If you give us less than 14 days’ notice but more than 48 hours notice prior to the booking time, we will provide you with a credit worth 50% of the purchase price of your booking.

4.1.3.  If you give us less than 48 hours’ notice we are unable to offer any credit.

4.2.  Any such credit provided can only be redeemed on re-booking an event or products from claireturnbull.co.nz.  

4.3.  In the unfortunate event of circumstances out of our control i.e. the act of Mother Nature, we may postpone an event.

4.3.1.  In the event that you cannot make the new postponement date, you will be issued a credit.  

Please refer to Delivery and Returns for more information relating to our online shop.

5. Allergies and Intolerances

5.1.  Our recipes and advice may include certain ingredients which may cause an allergic reaction. Please be wary of any food allergies, intolerances, or sensitivities before using our recipes to cook for yourself or others.

6. Exclusion of Liability

6.1.  We do not provide any warranties that our products or services will provide a particular level of enjoyment, meet your expectations or achieve a particular result.

6.2.  Except where liability may not be limited under any applicable law, our liability in respect of any claim arising as a result of any acts or omissions under or in connection with our products or services or these Terms, whether caused by a breach of contract, misrepresentation, negligence or any other tort, breach of statutory duty or otherwise, will be limited to repayment of the price paid for the relevant product, workshop, programme or event.

7. Indemnity

7.1.  You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute incurred or suffered by us arising out of any breach by you of any provision of these Terms.

7.2.  You also release, indemnify, and exclude us from any and all liability of any kind for any damage or injury incurred while attending or visiting one of our workshops or events.

8. Use of the Website

8.1.  We reserve the right to alter, or update this website, and any information we provide on this website. We reserve the right to correct any error on the website, including any errors in relation to pricing. Such a change shall take effect immediately. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period.

8.2.  You may only use this website in accordance with these Terms. You must not use this website for any other purpose. If you use any part of this website in breach of the Terms, your right to use the website will cease immediately.

9. Reliance on Information Posted

9.1.  The information presented on or through the website is made available solely for general information purposes and is not a substitute for professional medical advice, diagnosis or treatment. We do not guarantee the accuracy or completeness of this information. Any reliance you place on such information is strictly at your own risk. To the extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to this website, or by anyone who may be informed of any of its contents. We reserve the right to correct errors in any such information. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding a medical condition, and before undertaking any diet, dietary supplement, exercise, or other heath programme. 

10. Website Disclaimers

10.1.  Your use of this website is at your sole risk and this website is provided on an “as available” basis. We do not warrant that:

10.1.1.  The website will be uninterrupted, timely, secure, or error-free;

10.1.2.  The quality of any services, information, or other material provided to you through the website will meet your expectations and;

10.1.3.  Any errors on the website will be corrected.

These exclusions do not affect any rights which may not be excluded under the Consumer Guarantees Act 1993.

10.2.  You expressly understand and agree that to the maximum extent possible, but subject to any applicable New Zealand laws, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from your use of the website or your reliance on any website content.

11. General

11.1.  If any provision of these Terms is held by any court to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining provisions.

11.2.  Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

11.3.  These Terms, and your use of this website, shall be governed by and construed in accordance with New Zealand law, and you agree that the Courts of New Zealand have the non-exclusive jurisdiction to hear and determine any proceedings brought in relation to these Terms, and your use of the website.

12. Feedback and Testimonials 

12.1  If you provide us with feedback or testimonials, you consent to us using this information for marketing purposes unless otherwise stated. Please note we will not identify you by your full name unless you have given us permission to do so.  

13 Contact Us

13.1. If you have any questions, please do not hesitate to contact us.

PRIVACY POLICY

Following engagement of our services, subscribing to our mailing list or purchasing product from our online shop, you will receive a monthly newsletter from Mission Nutrition/Claire Turnbull which offers support including healthy recipes and health tips. You can unsubscribe from this at any time, by clicking the unsubscribe link at the bottom of any of our newsletter emails.

We do not sell, trade, or rent any personally identifiable information, nor do we otherwise disclose any personal information to any third party for their marketing purposes.     

Last edited: November 2023