Active Learning Limited (“we” "our"or “us”) agrees to supply goods and services to you, the Customer, in return for payment of the price for those Goods and Services and according to these Terms and Conditions. Acceptance of delivery or receipt of any Goods or Services will (notwithstanding any statement to the contrary by you or your employees or agents) constitute acceptance of these Terms and Conditions. If there is more than one of you, your the liability is joint and several.
1 Price and Payment
1.1 All prices are in USD Currency and exclude any other applicable taxes and duties and insurance/freight/delivery/handling charges not expressly included in the price. You agree to pay these items (as applicable) in addition to the price, whether they are imposed before or after your order.
1.2 Payment must be made via PayPal or Stripe prior to delivery of goods or services unless we agree otherwise in writing.
1.3 You must not withhold payment to a third-party payment provider or make any deductions of any nature whether by way of set off (legal, equitable or otherwise), counterclaim or otherwise from any amount you owe us. Any default in payment shall make all money payable by you to us immediately due and we may withhold delivery of Goods and/or provision of Services until you provide payment of all money payable by you to us.
2 Information Provided, Risk and Liability Disclaimer
2.1 All information provided by us via email, is provided with the understanding that you have supplied a personal email address that you have uninhibited access to.
2.2 PLEASE BE AWARE: I am not a doctor and have no medical training. I do have a keen interest in food, nutrition and exercise and an undergraduate degree in sports coaching. All information provided in relation to weight loss I have used personally in consultation with my doctor.
2.3 Before following any advice from us, and if you are:
(a) Aged under 18 years,
(b) Trying to conceive, pregnant or breast feeding,
(c) Someone with compromised immunity, an autoimmune condition or a history of eating disorders,
(d) Seeing a doctor or specialist for a specific health related concern, disease or condition, e.g. Type 1 or 2 diabetes, or
(e) Receiving any type of treatment for cancer of any kind,
(f) Taking prescribed medication from your doctor or medical specialist,
(g) Otherwise healthy,
then you should get clearance from your doctor or any medical specialist that you are under, prior to following any advice.
2.4 If, after following any advice from us, you experience any sudden or noticeable side effects or health concerns, you should stop following this advice and seek immediate medical attention
2.5 All advice received SHOULD NOT be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
2.6 All information and services provided or available may include inaccuracies from information obtained from external sources. Where possible, every effort has been made to check the accuracy and effectiveness of such information. As a result, we will make necessary changes where the information is shown to be misleading, incorrect or inaccurate. We cannot be held liable for such errors from a third-party source and can only correct them as they are discovered or brought to their attention.
2.7 We may make improvements and/or changes to the information we provide at any time to improve the quality of our services.
4 Limitation of Liability
4.1 All services have been created for general information and to help improve the lives of others.
4.2 All results relied upon for advertising and marketing are particular to Owen Clouston and may vary for everyone. If you add, remove, alter, or change the advice given, we cannot be held accountable if your results are not the same as Owen Clouston’s.
4.3 Your sole remedy against us shall be the cessation of any advice given.
4.4 We are not liable to you for any loss or damage arising from delay or failure to perform our obligations due to any matter beyond our reasonable control.
4.5 We and our employees and agents shall not be liable to you for any claim for breach of Contract (except as provided in clause 5.3 below) or Statute or breach of duty in Tort (including negligence) or for any claim in Equity or otherwise at law.
4.6 Your sole remedy against us shall be limited to breach of contract and the extent of any such liability shall be limited, at our option, to repair or replacement of the Goods, or payment of the cost of repairing or replacing the Goods or acquiring equivalent Goods. If the breach relates to Services the extent of any such liability shall be limited, at our option, to supplying the Services again; or payment of the cost of having the services supplied again. We will not, in any case, be liable for any other losses or damages whether general, exemplary, punitive, direct, indirect or consequential, including loss of business profits.
4.7 No action may be brought against us unless notice of such claim is given to us within one week of delivery of the Goods or provision of the Services. We shall be released from all or any liability unless proceedings are brought in a Court of competent jurisdiction within one year of the date of delivery of the Goods or provision of the Services.
5.1 If you do not pay any monies owed to us (“the unpaid monies”) within 10 days of the due date, we may charge penalty interest at a rate of 2.5% per calendar month calculated daily on the unpaid monies from the due date until payment in full is made (including after as well as before any Court judgment).
5.2 You indemnify us for and pay, on demand, all costs incurred by us (including legal costs on a solicitor-client basis and debt collection costs) in the recovery or attempted recovery of unpaid moneys and/or the enforcement of these Terms and Conditions or the Security Interest contained in these Terms and Conditions.
6 Use of information
6.1 If you are an individual, you have the right under the Privacy Act 1993 to see and correct any personal information held by us or any agency about you pursuant to this Application.
6.2 You acknowledge that any information you share is true and correct when completing any forms or providing information as part of our services.
6.3 All information provided will be held on a secure server, where possible. We cannot be held liable for breaches or hacks of Facebook or internet providers that we use.
6.4 No information you share will be sold to, given to or shared with a third party.
6.5 You must notify us of any change in circumstances that may affect the accuracy of the information you provided to us. Your failure to provide the personal information sought in the Application, may result in the Application being declined.
7.1 A 60-day guarantee is provided as part of some programs. This entitles the purchaser to a full refund if the following conditions apply:
(a) You fail to lose weight after strictly following our advice and directions where there are no complications or as a result of you having to stop the program due to medical reasons.
(b) You fail to lose weight after changing your eating style from the one you followed prior to starting one of our weight loss programs
7.1.b.1 Lose weight refers to weight loss using a commercially available, technically reliable, proven and tested weight measuring system that has tracked your weight for at least 8 weeks or more. For example, the Weight Watchers scale and associated software app.
7.1.b.2 Eating Style refers to all foods consumed as part of your daily routine or life for at least the past 3 months prior to starting one of our programs. These records are required to be digitally kept having a date and time stamp attached to prove authenticity. They cannot be handwritten notes or diary entries.
(c) You are in breach of or do not adhere to any of the conditions laid out in previous sections. For example, you are under 18 years of age or are pregnant.
(d) You identify an inaccuracy and do not disclose this to us or Owen Clouston. Though rely on this as proof that The Course has not worked for you to gain a refund.
8 Intellectual Property and Rights
8.1 All information, concepts and intellectual property developed and provided by us are the property of Active Learning Limited, Owen Clouston and owenclouston | coaching systems
9 General Provisions
9.1 These terms apply to all transactions where we supply Goods or Services to you. If there is any inconsistency between these terms and any order submitted by you or any other arrangement with us, these terms prevail unless otherwise agreed by us in writing.
9.2 If any provision of these terms and conditions is held by any court to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining provisions.
9.3 This contract and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the New Zealand Courts.
9.4 We may review and change these terms and conditions at any time and from time to time. Any such change will take effect from the date on which we notify you of the change.
Founder of Active Learning Limited
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