PREKURE Terms and Conditions
Last updated: 21 December 2022
Please read this information carefully.
Acceptance of Terms and General Provisions
Education, Programs, and Limitations of Professional/Medical Advice
PREKURE’s programs are of a general nature and should not replace any current medical care you may be receiving. Whilst PREKURE shares and embraces your enthusiasm for Lifestyle Medicine, if you require more personalised advice, please consult your preferred health professional.
Additionally, PREKURE Certified Health Coaches are not medical professionals. PREKURE does not provide or offer professional medical evaluation, advice, diagnosis or treatment (“Medical Advice”), nor is it a replacement for such Medical Advice. Our Services are provided for information only. We will provide you with access to general health education and information, nutritional and fitness advice, and references to other resources, according to the information you supply to or request from us. While we believe that the information we provide is current, reliable, and accurate, PREKURE makes no such guarantee or warranty.
Before you make use of any PREKURE Service or information, you hereby agree that you will consult a suitably qualified physician or other healthcare professional for any Medical Advice, particularly if changes in your diet or lifestyle may pose any risk to your health. Our Services are not intended for use by Minors, or by individuals whose pre-existing health conditions, whether diagnosed or not, make changes to diet or lifestyle unsafe or otherwise inappropriate.
Furthermore, PREKURE shall have no obligation or responsibility to monitor Users’ health statuses or conditions, nor to contact or alert any medical or emergency professional. Your reliance on any information obtained through our Sites or Services is entirely at your own discretion, and PREKURE disclaims all liability to you or any other parties in connection with such information.
Code of Health and Disability Services Consumers’ Rights
PREKURE abides by The Code of Health and Disability Services Consumers’ Rights (“the Code”), which establishes your rights as a consumer, and the obligations and duties of PREKURE to comply with the Code. Please follow the link to read the Code in full.
You agree to pay all applicable fees and taxes in relation to your purchase of PREKURE’s Services, and further, you authorize PREKURE to charge you for such Services using your preferred payment method. All fees are chargeable in New Zealand Dollars and are non-refundable, except as required by law, or as detailed below under “Refund Policy”. Credit card and/or bank charges and foreign exchange rates are beyond PREKURE’s control and we are in no way responsible for these. You are responsible for providing us with complete and accurate billing and contact information, and we may suspend or terminate Services if fees become 30 days past due.
In the unlikely event that you are dissatisfied with the purchase of a PREKURE product or service please contact us, we’re here to help. We offer full refunds for all Short Courses and Certificates within 30 days of your purchase and partial refunds as detailed below:
PREKURE Certificates Refund Policy:
- Within 30 days of your purchase receive a full refund, no questions asked.
- Within 90 days of your purchase, if you’re not satisfied or life has got in the way, receive a 50% refund, or ask us about deferring to a later start date.
- 10% deposits are non-refundable.
PREKURE Short Courses Refund Policy:
- Within 30 days of your purchase receive a full refund, no questions asked.
Network Product membership Refund Policy:
- No refunds for annual Network membership paid in advance.
If you are dissatisfied with the service you’ve received from PREKURE, we’d like to hear about it. We have a dedicated process for addressing your concerns, resolving any outstanding issues, and to enable us to continually improve.
Please use our resolution process for matters relating to:
- our services, whether in person, via email, by phone, or on our website;
- our website generally;
- an enquiry you’ve made;
- a product or service you have purchased from us;
- how we have carried out a process, including those on our website or in the Standards and Accreditation Act 2015;
- a situation where you feel we didn’t communicate with you clearly;
- a situation where you believe you weren’t treated with courtesy or respect.
If you are dissatisfied in any way please write to us either via email or letter to [email protected] or to Complaints Officer, PREKURE, B:Hive, Smales Farm, 74 Taharoto Road, Takapuna, Auckland 0622.
- your name and email address,
- your company name, if applicable,
- account details, if applicable.
Timeframes for resolving complaints
We aim to:
- acknowledge receipt of a complaint within 2 working days, and
- Respond to complaints within 15 working days.
If you have more than one complaint, or your complaint is about more than one issue, we may need more time. If this happens, we’ll let you know.
When we assess complaints, we aim to:
- keep an open mind and take a fresh look at the issues raised;
- acknowledge any mistakes and put them right if we can;
- have our response checked for quality, completeness, and accuracy;
- be fair;
- see things from your point of view;
- understand the reasons for you having lodged a complaint, and address those reasons;
- escalate your complaint to the correct people, as necessary;
- keep in mind the context of our scope and role;
- operate within legal boundaries and business policies.
What we need from you
It makes it easier for us to resolve your complaint if you:
- clearly identify the grounds for your complaint;
- provide any extra information we ask for;
- act honestly and treat us with courtesy and respect—we will do the same for you.
We will use the personal information you give us to correspond with you in relation to your complaint. We will not share your personal information unless it’s necessary (for example, to fully and fairly investigate your complaint). We will not use it for any other purpose, or disclose it, except, in exceptional situations, for reasons permitted under the Privacy Act 1993 or—in rare instances—if we are required to do so by law (for example, to investigate a criminal offence).
Unauthorized use of any material contained on the Sites or learning platforms may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes of communications. PREKURE monitors the use of its intellectual property and may seek legal action against any infringing parties.
All PREKURE content provided or otherwise made available through the Sites, learning platforms, and Services, including, but not limited to, text, graphics, images, music, software, audio, video, learning and other concepts, methods of operation, works of authorship of any kind, design and general appearance, and any other material or information (the “Content”) is the property of, or controlled and/or licensed by, PREKURE and is protected by relevant intellectual property laws of New Zealand and other countries.
Trademarks and Trade Names
All trademarks and service marks, trade names, logos and graphics (the “Marks”) displayed or otherwise used in our Services, Sites or Content, are the registered or common law trademarks of PREKURE. You may not make any use of such Marks for any purpose without PREKURE’s prior written consent.
General Prohibitions and Acceptable Usage
In order to ensure a positive and welcoming environment when using PREKURE’s Services, the following rules of usage will apply. You agree that you will not:
- Allow your account to be used for any purpose by any other person (other than an appointed representative subject to your direct supervision);
- Attempt to access any other individual’s account, including, but not limited to, attempts to create an account for our Services using another person’s credentials, unless you are their appointed representative, subject to a written agreement detailing such permission;
- Create multiple accounts under different names or email addresses, or attempt to re-register an account that has been terminated by PREKURE;
- Post, upload, publish, submit or transmit through our Sites or Services any content that:
- is an infringement or misappropriation of any third party’s intellectual property, trade secret, moral right, or right to publicity or privacy;
- violates, or encourages conduct that might violate, any applicable law or regulation, or that might give rise to civil liability;
- is fraudulent, misleading or false;
- is defamatory, obscene, pornographic, or might reasonably be held as vulgar or offensive;
- promotes and/or encourages discrimination, bigotry, racism, hatred, harassment, or harm towards any individual or group;
- is violent or threatening, or promotes violent or threatening actions towards any person or entity;
- promotes and/or encourages illegal or harmful activities or substances.
- Post, upload, publish, submit, transmit, or communicate in any medium or forum, by any means, content directly to and/or about PREKURE employees that:
- is defamatory, obscene, pornographic, or might reasonably be held as vulgar or offensive;
- promotes and/or encourages discrimination, bigotry, racism, hatred, harassment, or harm;
- is violent or threatening, or promotes violent or threatening actions, or actions that might reasonably be perceived as threatening.
- Use PREKURE’s name, trademarks, logos, or other proprietary material, or the layout and design of any page or form within the Sites or Services, without PREKURE’s express written consent;
- Display, mirror, or frame the Services, or any individual element within the Services, without PREKURE’s express written consent;
- Access, use, or otherwise manipulate or interfere with non-public areas of the Services and the Sites, PREKURE’s computer systems, or the delivery systems of PREKURE’s providers;
- Probe, scan, or otherwise test the vulnerability, or attempt to do so, of any PREKURE system or network, or to attempt to breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any system or measure implemented by PREKURE, or any of our providers or any other third party (including another User) to protect the Services, Sites, or Content;
- Interfere with, or attempt to interfere with, the access of any User, host or network, including, but not limited to, intentionally posting or transmitting any file containing a virus, bug, worm, Trojan horse, disabling device or any other contaminating or destructive code or feature;
- Use any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, and data mining tools) to access or search the Sites, Services, or Content, other than such software provided by PREKURE, or other generally available third-party web browsers;
- Post, upload, publish, submit or transmit through our Sites or Services any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or other forms of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Sites, or Content to send altered, deceptive or falsely-identified information;
- Use any metatags or other hidden text or metadata that make use of PREKURE trademarks, logos, URLs, product names, or other proprietary material, without PREKURE’s express written consent;
- Collect or store any other Users’ personally identifiable information without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Encourage or enable any other individual to do any of the foregoing.
The content and information contained in all communications sent through PREKURE’s Sites and Services, including, but not limited to, accuracy, veracity, and completeness, are the sole responsibility of the sender of such communications. Whilst PREKURE reserves the right to monitor and record, remove, or edit all content within our Sites and Services, we are not obligated to do so. Furthermore, PREKURE is in no way responsible or liable for the performance or otherwise of such monitoring and removal/editorial activities.
Limitation of Liability
Neither PREKURE, nor any other party involved in the creation, production, or delivery of Services and/or Content shall be, under any circumstances, liable:
- to you for any punitive, special, incidental, consequential or other indirect damages (including, but not limited to: damages for loss of data or goodwill; loss of programs and/or software; loss of profits; costs associated with the procurement of substitute services, or costs of service interruptions) arising from, or related to the use of, or the inability to use, the Services or Sites, and any and all equipment or devices received by you as part of your use of in the Services, even if PREKURE or its agents or representatives know, or have been advised of, the possibility of such damages arising;
- to any other person or entity for any damages whatsoever.
Additionally, PREKURE disclaims all liability, regardless of the form of action, associated with the acts or omissions of other Users, or unauthorized users (e.g., “hackers”), of the Services, except where such liability is a consequence of PREKURE’s gross negligence or willful misconduct.
Under no circumstances shall PREKURE be liable to you, or any other party, for any amount in excess of the amounts paid by you (or by a third party on your behalf, and then only to the extent that any such amount is directly attributable to you) to us for access to the Services and/or Sites.
These limitations or exclusions may not apply in certain jurisdictions. Any other rights may vary by jurisdiction.
You may cancel your account at any time by emailing us at [email protected]. In such circumstances, PREKURE shall not be required to provide you with a refund or any other compensation.
Dispute Resolution and Governing Law
Regardless of any statute or law to the contrary, any claim or cause of action against PREKURE arising from or related to your use of our Services or Sites must be filed within one (1) year of such claim or cause of action arising or it be forever barred.
If you have a dispute with one or more of our Users, you hereby release PREKURE from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising from, or in any way connected with, such disputes.
Internet Service Provider Charges and Other Charges
PREKURE assumes no responsibility or liability for any mobile, cable, or other internet service provider (ISP) charges, including, but not limited to, data charges, long-distance charges, per-minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Services or the Sites. ISP and related disputes are strictly between you and your service provider.
In the course of your usage of PREKURE Services, you may receive text messages in connection with such use. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for the texts you receive, and PREKURE assumes no responsibility or liability for any such charges.
Our Communication with You
Voluntary data collection & use of data
PREKURE collects information that you provide to us, including, but not limited to, when you complete a form, enrol in a course, join a community group, enter a promotion, join our community, or otherwise communicate with us via any platform. This information may include your name, address, email address, telephone number, gender, age, payment information, and any other relevant information you may provide. This information helps us to better understand your needs and enhance your experience. PREKURE uses information about you for various legitimate interests, including: helping PREKURE to detect and prevent fraud; improving network security; providing, maintaining and improving the Sites and learning platforms; processing transactions; personally communicating with you; improving your user and learning experience; improving our advertising and marketing efforts; facilitating promotions; contacting Users about programs or courses for which they have expressed interest; and for other legitimate interests. PREKURE stores this information securely on our customer relationship management (CRM) system. We will collect personally identifiable information from you only if you voluntarily submit such information to us. You can refuse to supply personal identification information, but doing so may prevent them from engaging in certain PREKURE-related activities. We store your information only as long as necessary to serve these legitimate interests. If, at any time, you wish to update or correct your information, or would like us to restrict or discontinue using your information, you can contact us at [email protected]. Please note that removing your information from our database will preclude you from receiving any updates from PREKURE including but not limited to: free resources, new courses, and information and discounts for upcoming events and products.
Lifestyle education programs & 21-day programs
When you enroll in our 21-day online programs or Lifestyle Education Programs (LEPs) we will request that you (voluntarily) provide us with information about yourself. We understand that sharing your private, personal information can be daunting and would like to assure you that the security of your information is very important to us. Our data management procedures are compliant with relevant legislative requirements. Below we have outlined what information we will ask you for, why we are asking you to provide us with this information, what we do with it, and how you can access this information should you wish to make any changes.
We will ask you some general questions about who you are including your age, gender, and ethnicity as well as some more personal questions about your health and wellbeing. In the post program questionnaire we will also ask you about your experience with the program. We collect this information to check that our programs are working effectively and helping people live a happy, healthier life. Your involvement in this process is invaluable and allows us to improve our programs to better meet the needs of our customers. Providing us with your personal information is voluntary and it is not compulsory in any way. If anyone from PREKURE contacts you stating otherwise please email [email protected] immediately. You can continue through our online programs and will not be penalised in any way if you do not provide us with your information. Your experience will in no way be affected by your choice to withhold your information.
Your information will be added together with information provided by other participants into a database. In this database your information is de-identified, that means that you are not personally identifiable. We use this de-identified information to perform statistical and qualitative analyses to understand how effective the program was and where we can improve. PREKURE’S research and development staff have access to your identifiable information. Any other staff members within PREKURE have access to the de-identified database only.
We keep your health information for 10-years from the date it was last accessed. We keep your information for this amount of time because it is health information and the Retention of Health Information Regulations 1996 requires us to keep your information for this amount of time. If you have signed up to our programs through your insurance company we will provide them with an anonymous database. This means they will receive an overview of the outcomes from the program. You will in no way be identifiable and will not be penalised or exposed to any bias based on your program results or feedback provided to PREKURE. PREKURE may from time to time share our de-identified database with AUT researchers. This sharing is governed by a data sharing agreement that outlines the way in which these researchers are allowed to use the information provided to them by PREKURE. This includes handling the data safely and securely and refraining from attempting to re-identify the data. You are welcome to retract your information at any time and can email us at [email protected] to inform us that you would like your information to be retracted and deleted from our database. As per our retention and disposal policy we can only guarantee that your original identifiable data will be deleted. Any aggregated data that has been published in academic journals or PREKURE reports cannot practicably be removed.
If we have not accessed your information for 10-years it will be permanently deleted from all sources including the original Google Forms, from our database and from any locations where it has been backed up. PREKURE cannot guarantee that your aggregated data will be deleted as this is not practicable. Aggregated data refers to when we add your information with those of other participants to identify general trends. This data is published in reports and academic journal articles and cannot feasibly be deleted. You will be emailed a copy of each of your questionnaires directly after submitting them to us. However if you want to access your information at any time you can email us at [email protected] to make a request. Please be mindful that we can only release your information directly to you and may ask you to prove your identity when making requests.
If you are enrolled in our mental wellbeing program and your answers indicate to us that you are at risk then you will be contacted by a member of our customer success team. If we believe you are able to safely continue with the program we will monitor you on a regular basis by checking in via email or phone. If we believe you are at risk we will allow you to continue with the program but will suggest you contact your GP or a relevant mental health provider immediately. It is likely a member of our team will remain on the phone with you until we believe you have taken the required steps to ensure your wellbeing.
If you have any questions or concerns you can contact us at any time and request to view our data management policies.
Data collected by PREKURE Health Coaches
Students who graduate from PREKURE’s Courses and continue on to provide coaching services do so entirely separate from PREKURE unless otherwise clearly communicated. These independent coaches may offer third-party health coaching, fitness, nutrition and general health information for their clients. PREKURE Health Coaches and their clients have separate contractual arrangements between them for coaching services, this pertains to the collection and storage of personal data among other contractual terms.
Automatic data collection
PREKURE collects information when you visit any of our Sites or learning platforms. This may include information about your device, operating system and browser type, your IP address (and the general physical location derived from it), the nature of your phone service, referring URLs, link clicks and page visits, interactions with video players, tools, and widgets, and other activity.
PREKURE employs appropriate technical and organizational safeguards to protect your information, including encrypted and certified web sockets, best practices for user management and security policy, and constant updates, via patches, for known security issues.
When Users submit sensitive information via the Sites, all information is protected both online and offline. However, due to the nature of the internet, PREKURE cannot guarantee or warrant the security of any information transmitted to us or through our Sites or learning platforms. Users submit information at their own risk. If a breach is discovered, PREKURE will notify you within a reasonable period of time and detail how the breach has been resolved.
1st party cookies
If you do not wish to have cookies placed on your computer, you should disable cookies in your web browser settings. Disabling cookies may impair your experience on PREKURE’s Sites and learning platforms and certain features of the Sites may not function properly without the aid of cookies.
3rd party cookies
You may choose to opt out of, or disable, third-party cookies. Advertisers may allow users to opt out of ads by visiting their websites and customizing the User’s ad-control settings.
Assignment of rights
In the event of an assignment, sale, joint venture, or other transfer of some or all of PREKURE’s assets, you agree that PREKURE may assign, sell, license or transfer any information that you have provided to us.
Sharing your personal information & disclosure of data
We do not sell, trade, or rent Users’ personally identifiable information, nor do we otherwise disclose any personal information to any third party for their marketing purposes.
From time to time, PREKURE may share some of your information with our business partners, to operate and improve the Sites and learning platforms; to process payments; to transmit emails; to conduct promotions; to host and protect data; to manage advertising; to offer technical and customer support; and for other legitimate interests. For example, if you choose to receive PREKURE marketing materials or other promotional items, PREKURE may provide your information to third parties entrusted with fulfilling those requests. You may opt out of receiving these and other emails from PREKURE at any time through the “unsubscribe” or “manage preferences” link included in such emails.
We also disclose information when required to do so by law, or when we believe that such action is necessary to protect the property or rights of PREKURE, relevant third parties, or the public at large.
Third party websites
Whilst our Services and Sites may contain links to third-party websites, social media platforms, or other resources, such links do not form part of our Services or Sites. For example, within our courses we often embed video and written content from other websites.These links are provided only as a convenience to you and PREKURE are not responsible for the content, products, or services such links may refer to. PREKURE does not endorse or control any information provided by any third party and assumes no responsibility for any materials which may be accessed through such links. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. It is further your responsibility to review applicable agreements and policies when visiting any third-party websites, including policies associated with the use, collection and disclosure of your Personal Information.
- No Warranties. Information on the Sites and learning platforms is provided “as is”, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- No Liability. In no event shall PREKURE be liable for damages of any kind relating to use of the Sites and learning platforms, including, without limitation, any special, indirect, incidental, or consequential damages, even if PREKURE has been advised of the possibility of such damages.
- Accuracy. Although every effort is made to ensure the accuracy of published information on PREKURE’s Sites, they may inadvertently contain technical inaccuracies or typographical errors. This information may be changed or updated without notice. PREKURE assumes no responsibility for errors or omissions on the Sites or in documents referenced by, or linked to, the Sites.
PREKURE welcomes your feedback, and we encourage your comments and suggestions for improving our Services, Sites and User experience. You can contact us at [email protected] and by submitting your feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon, and otherwise use, your feedback for any purpose.