Terms and Conditions

Terms and Conditions

Last updated: 14 April 2020

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the restoreprehabilitationrecovery.uscreen.io website (the “Service”) operated by Restore Prehabilitation & Wellness Ltd, Trading as Restore Prehabilitation & Recovery (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Restore Prehabilitation & Wellness Ltd cancels it. You may cancel your Subscription renewal at anytime either through your online account management page or by contacting Restore Prehabilitation & Wellness Ltd customer support team.

No refund will be made for any un-used period of subscription upon cancellation

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Restore Prehabilitation & Wellness Ltd with accurate and complete billing information including full name, address, region, postal code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Restore Prehabilitation & Wellness Ltd to charge all Subscription fees incurred through your account to any such payment instruments, until you instruct otherwise

You are solely responsible in ensuring your valid payment method is up to date and accurate.

Should automatic billing fail to occur for any reason, your access to the Service will be automatically suspended until such times an alternative payment method can be established.

Restore Prehabilitation & Wellness Ltd will not provide a reduced rate for any duration of a subscription period missed due to automatic billing failure.

Subscription Cancelations & Refunds

You can cancel your subscription at any time during the current billing cycle.

This can be done through your online account management page at any time.

You will continue to gain access to the content until the end of the current billing cycle with no restrictions.

For example; If you billing cycle is monthly, starting on the first of the month and you cancel on the 10th of the month, you will still be able to gain access until the last day of the current month. At the beginning of the new billing month cycle, providing you have correctly cancelled your subscription, your access will be revoked, until such time you re-enter your billing details and re-commence the subscription.

No refunds will be provided for the remainder of any billing cycle once you have cancelled through your online account management page as you are able to continue to access the content until the billing cycle ends.

Privacy Policy

By completing the subscription form you are providing personal information about yourself. You agree that we may collect and use that information for the purposes of credit reference checking, account administration, marketing and recovery of outstanding debts. You have a right to see and ask for correction of any personal information.

Free Trial

Restore Prehabilitation & Wellness Ltd may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Restore Prehabilitation & Wellness Ltd until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Restore Prehabilitation & Wellness Ltd reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Restore Prehabilitation & Wellness Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Restore Prehabilitation & Wellness Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Pay per view and Bundel Rental Refunds

Certain content is available on a pay per view or bundel rental basis for a specific duration of time.

Refunds for pay per view content will be considered on a case-by-case basis by Restore Prehabilitation & Wellness Ltd in-line with the Consumers Guarantee Act, depending on the reason and nature of the refund request and if the content has already been consumed.

Refund requests for bundel rentals i.e. 8 week fundamental core series may be considered by Restore Prehabilitation & Wellness Ltd on a case-by-case basis and granted in sole discretion of Restore Prehabilitation & Wellness Ltd, in-line with the Consumers Guarantee Act, depending on the reason and nature of the refund request and if the content has already been consumed.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@restoreprehab.co.nz, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad faith claims on the infringement of any Content found on and/or through the Service on your copyright.

Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Copyright Act by providing us with the following information in writing:

  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

You can contact us via email at info@restoreprehab.co.nz

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Restore Prehabilitation & Wellness Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both New Zealand and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Restore Prehabilitation & Wellness Ltd.

Use of screen recorders is strictly prohibited. Any detection in the use of screen recorders, storage of screen recorded material and/or re-distribution of such content from this service and its original content, features and functionality can and will be addressed under the appropriate IP and Copyright infringement laws or both New Zealand and foriegn countries.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Restore Prehabilitation & Wellness Ltd

Restore Prehabilitation & Wellness Ltd has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Restore Prehabilitation & Wellness Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Restore Prehabilitation & Wellness Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

It is your responsibility to use the Service safely, to take care of your own health and to take care of your own property.  You are solely responsible for loss or damage which is caused by your use of the content of the Service and your use of any of the Service is entirely at your own risk.

This indemnity survives the termination of this agreement.

Limitation Of Liability

In no event shall Restore Prehabilitation & Wellness Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

To the extent permitted by law, neither we (nor any of our employees, contractors, agents or representatives) nor you will be liable for any consequential, indirect or special losses or damage or injury of any kind suffered by you.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Restore Prehabilitation & Wellness Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

General

These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.