PREKURE Terms and Conditions

Last updated: 28 August 2024

PREKURE (hereafter referred to as “PREKURE”, “we”, “us”, or “our”) provides health educational services and related programs, products and services (“Services”) online, via the PREKURE website(s) (the “Sites”) to individuals who use our Sites and/or register or purchase our Services (hereafter referred to as “Clients”, “Users”, “you”, or “your”). The following Terms of Use and Privacy Policy, as amended or modified periodically (the “Terms of Use”), govern your use of our Services and Sites.

By clicking “I accept”, or by using our Sites or Services, you acknowledge that you are 18 years of age or older (or of your jurisdiction’s required legal age to form a legally-binding contract) and that you have read, understood and agree to be bound by these Terms of Use and Privacy Policy. If you do not wish to be bound by, and comply with, these Terms of Use, you should not access or otherwise use our Sites or Services.

PREKURE may modify these Terms of Use at any time, at our sole discretion, and such modifications shall be effective immediately and supersede all previous Terms of Use on our Sites or your notification of such amendments. You agree to review these Terms of Use periodically, and your continued use of our Sites or Services shall be deemed as conclusive and full acceptance of any modified Terms of Use.

General Terms

Acceptance of Terms and General Provisions

By accessing PREKURE’s family of websites, including www.prekure.com and other PREKURE-owned websites, including, but not limited to, learn.prekure.com (collectively, “the Sites”), you agree to be bound by the terms and conditions described herein (“Terms of Use”) and any subsequent changes and updates as may be applied from time to time. Except as specifically stated otherwise, these Terms of Use set forth the entire understanding of the subject matter.

These Terms of Use, including all policies, terms and conditions, or other documents and agreements incorporated by reference, which you accept by using the Services or Sites, constitute the entire agreement between you and PREKURE regarding the use of our Services and Sites. Any and all other written or oral agreements or understandings regarding your use of our Services and Sites, including any previously existing, are hereby superseded and cancelled.

If any provision of these Terms of Use is found to be unlawful, void or unenforceable, then such provision shall be deemed severable from the rest of the Terms of Use, and shall not affect the validity and enforceability of any remaining provisions.

Modifications

PREKURE reserves the right to change the Sites, these Terms of Use, and any other policies or conditions, without prior notice. Please review this page periodically for any updates or changes. These Terms apply to all visits to the Sites, both now and in the future. Your continued access of the Sites shall be deemed your notification and acceptance of these changes.

Questions regarding these Terms of Use should be directed to [email protected] or to PREKURE, B:Hive, Smales Farm, 74 Taharoto Road, Takapuna, Auckland 0622.

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.

Payment

You agree to pay all applicable fees and taxes in relation to your purchase of PREKURE’s Services, and further, you authorise 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.

Refund Policy

We have a strict no refund policy. We don’t provide refunds if ‘life gets in the way’. If you don’t show up or choose not to attend sessions, login to our online platform, join the private online community – that’s your choice, however it does not affect the obligations we both have under this agreement, namely that we deliver on our promise to you (Agreement 2) and you pay your fees on time (Agreement 8). A refund of your fees (your non-refundable deposit) will be considered if we aren’t reasonably delivering the program as agreed. For clarity as to what non-delivery looks like:

If the average experience score (Net Promoter Score) for the program classes drops below a 7.
If we are in breach of any of these terms.
If you are entitled to a refund by law.

Complaints Procedure

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.

Please include:

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.

Assessing complaints

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.

Personal Information

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).

Intellectual Property

Unauthorised 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.

Subject to your agreement with these Terms of Use, PREKURE grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, and display the Content solely in connection with your permitted use of our Services and Sites.

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;
Use the Services, Sites or Content for any commercial purpose, or for the benefit of any third party, or in any manner not permitted by these Terms of Use;
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.

Violation of the Terms of Use

PREKURE reserves the right, in addition to other rights and remedies that may be available to us, to terminate or suspend any User’s access or use of the Services or the Sites, without notice, if we believe, at our sole discretion, that such User has violated these Terms of Use.

Termination

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.

If you violate these Terms of Use, we reserve the right to terminate or suspend your account or use of the Services at any time, without the requirement to provide a refund or any other compensation.

Upon termination, discontinuation or cancellation of your account, or the provision of our Services to you, all provisions of these Terms of Use which should survive will survive, including, but not limited to: content rights and intellectual property ownership, warranty and professional/medical services disclaimers, assumption of risk and indemnity, limitations of liability, and dispute resolution provisions.

Dispute Resolution and Governing Law

These Terms of Use shall be governed and construed in accordance with New Zealand law, and the laws of New Zealand are applicable therein, without giving effect to any principles of conflicts of law. You agree that any claim or cause of action arising out of, or related to, your use of the Services, Sites, and/or Content shall be brought exclusively in the appropriate courts of New Zealand. The language of any proceedings arising from these Terms of Use shall be English.

It is your responsibility to comply with applicable local laws if you access our Services or Sites from other jurisdictions. Acceptance of these Terms of Use shall in no way affect your statutory or other consumer rights which cannot be, or have not been, altered, limited or waived by these Terms of Use. You are advised to consult with a legal professional in your own jurisdiction for the exact implications of these Terms of Use.

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

Subject to providing your express consent as evidenced by your checking the option box during registration for our Services or Sites, you consent to receive (via email, or through the Services or Sites) communications from us regarding your use of the Services and Sites. Furthermore, you additionally authorize us to send you other communications, newsletters, or offers regarding third-party products and services. If you do not opt-in to receive such communications, the remainder of the Terms of Use shall continue to apply for your use of our Services and Sites.

Disclaimer

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.

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.

Feedback

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.

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