Website Terms and Conditions of use

1. Background

  • 1. You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. We are The Beauty Well NZ Limited (Company number 5030920) and we are the owner of this website and trade as thebeautywellnz.com.
  • 2. These terms and conditions regulate the business relationship between you and us and are intended to help keep The Beauty Well NZ a safe place to access information from local businesses and other customers. You acknowledge that by accessing and using this Website you agree to be bound by our terms and conditions.
  • 3. We collect personal information about you through your use of The Beauty Well NZ, including your registration details and information relating to your use of the website and the content you access. We do not sell or rent your personal information to third parties.

2. Definitions

1. In these Terms, the following words mean:

  • • ‘Content’ means any software, data, information, pictures, graphics and other materials published or made available on the Website, including content generated by users and any third parties.
  • ‘Member’ means a user that has completed our subscription process and agreed to receive emails from us.
  • • ‘Merchant’ means any participating seller, vendor, trader or dealer that has agreed to display information’s about Services available to Members on this Website.
  • ‘Offer’ means Services being offered by a Merchant through the Website.
  • • “Promotions” means the publicizing of a product, organization, or venture so as to increase sales or public awareness through this website.
  • • "Liability" means liability in or for breach of contract, Breach of Duty, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any clause of this Agreement; and
  • • "Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or regarding the quality of the goods or services supplied or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).

3. Becoming a User

  • 1. Becoming a User is free. To create a User account, you must accurately provide all the details we request in our User application form. You must not register multiple accounts, or register under multiple identities or personas (whether false or not).
  • 2. You warrant that you have provided complete, accurate and current personal information when registering as a User. You must maintain and update your personal information held by us to ensure that it is kept current at all times. We may contact you to verify these details.
  • 3. We reserve the right to decline to register, suspend or terminate your account without contacting you. Without limiting the foregoing, we may terminate your membership if you breach these terms and conditions, you breach your obligations to a Supplier, or if we deem your behaviour to be inappropriate. In the event of termination, you also agree that you will not open or attempt to open any new Beauty Well NZ™ accounts.
  • 5. You are responsible for keeping your account information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
    • 1. not to permit any other person to use your user name or account; and
    • 2. not to disclose, or provide to any other person, your password, email address or any other information in connection with your account that may allow them to gain access to your account.
  • 6. You agree to receive email and push notifications from us. We will provide you with clear instructions on how you can unsubscribe from our daily emails.

4. Website Content and security

  • 1. We provide a directory service. This service consists of us identifying Merchants who are willing to offer health and beauty services.
  • 2. The Merchant is the seller of the Services promoted on the Website and is solely responsible for the Services you purchase. We act as an advertiser for the Merchant in the sale and purchase of Services.
  • 3.You will ensure that:
    • 1. Any use you make of the Website is in good faith.
  • 4. You will not post or transmit (either directly or indirectly) any Content on the Website that
    • 1. is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable or unsuitable;
    • 2. is or is reasonably likely to be unsuitable for users under the age of 18 years;
    • 3. infringes the intellectual property rights of any person;
    • 4. You know or suspect is false or misleading;
    • 5. contains any virus or other destructive component;
    • 6. is prohibited by or violates any applicable law or regulation;
    • 7. defames, abuses, harasses, stalks, threatens, breaches the confidence of or otherwise violates the legal rights (including, without limitation, privacy rights) of others; or
    • 8. otherwise breaches the Terms
  • 5. We may at any time edit or remove content that we determine that the content breaches any of the above terms or we deem inappropriate.
  • 6. We reserve the right to suspend or terminate your use of the website if you breach the terms of this agreement.

5. Limitation of Liability:

  • 1. The New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms must in all cases be read subject to those statutory provisions.:
  • 2. We warrant that:
    • 1.We will exercise reasonable care and skill in performing any obligation under this Agreement, and
    • 2.We have the right to market and advertise Merchants’ services.
  • 3. This Clause prevails over all other Clauses of this Agreement and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
    • 1. The performance, non-performance, purported performance or delay in performance by us of this Agreement (including in relation to the Website or Service supplied by us); or
    • 2. Otherwise in relation to this Agreement or the entering into or performance of this Agreement.
  • 4. Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) subject to clauses 3.4 and 10.11, any breach of the statutory consumer guarantees relating to the supply of goods and/or services in the Consumer Guarantees Act 1993; or (iv) any other Liability which cannot be excluded or limited by applicable law (including, without limitation liability pursuant to Clause 1.4).
  • 5. We do not warrant and we exclude all Liability in respect of:
    • 1. The accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website or otherwise; and
    • 2. The transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
    • 3. Your use of any information or materials on the Website (which is entirely at your own risk and it is your responsibility); and
    • 4. Goods and services that may be redeemed and in respect of the quality, safety, usability or any other aspect of the goods or ser in respect of which is Voucher may be redeemed by a Merchant).
  • 6. We do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our Breach of Duty.
  • 7. We shall have no Liability for:
    • 1. Loss of revenue;
    • 2. Loss of actual or anticipated profits;
    • 3. Loss of contracts;
    • 4. Loss of the use of money;
    • 5. Loss of anticipated savings;
    • 6. Loss of business;
    • 7. Loss of opportunity;
    • 8. Loss of goodwill;
    • 9. Loss of reputation;
    • 10. loss of, damage to or corruption of data; or
    • 11. any indirect or consequential loss;
    • 12. and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise.
  • 8. The limitation of Liability under Clause 10.9 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any clause of this Agreement.
  • 9. If, the Website, Service or any Purchase is used for commercial or business purposes, we exclude all liability that may arise under the Consumer Guarantees Act 1993.

6. Third Party Content

  • 1. We are a distributor of information of Third Party Content.
    • 1. We do not endorse, warrant or make any representation about any Third Party Content and you acknowledge that we have not independently verified any of the information contained in the Third Party Content;
    • 2. We take no responsibility for any Third Party Content (including any inaccuracy or omission).
  • 2. We are not responsible for any communication between you and any user (including Merchants), whether such communication has occurred as a result of use of the Website.
  • 3. You acknowledge that:
    • 1. you use and rely on Third Party Content at your own risk;
    • 2. we do not warrant or make any representation about any Content we have provided for informational purposes;
    • 3. any Content downloaded or otherwise obtained through the Website is done at your own risk and you will be solely responsible for any and all damage (including to your computer system or loss of data); and
    • 4. we make no warranties that the Website will meet your requirements or that the Website will operate uninterrupted, be secure or be error-free.

7. Links

  • 1. The Website may include links to other websites not owned by us. If you visit a linked website you will be subject to the terms of that website and any dealing will be solely between you and that other website. These links do not imply our endorsement of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website.

8. Severability

  • 1. If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

9. Updates to our information practices

  • 1. From time to time, we make changes to our information practices or alter the functionality of our website. We always update this statement accordingly, so we encourage you to periodically review this page for the latest information on our privacy practices.
  • 2. Please refer to our Privacy Policy for further information relating to your personal information.

10. Access and Interference

  • Much of the information on the Beauty Well NZ Site is updated on a real time basis and is proprietary or licensed to The Beauty Well NZ by its Establishments or third parties. By using The Beauty Well NZ Site, you agree not to:
    • 1. Use any robot, spider, scraper or other automatic device, process or means to access the Beauty Well NZ Site for any purpose without The Beauty Well NZ ’s express written permission.
    • 2. Take any action that imposes or may impose (in The Beauty Well NZ ’s sole discretion) an unreasonable or disproportionately large load on our infrastructure.
    • 3. Implement any manual processes to monitor or copy The Beauty Well NZ Content from the Beauty Well NZ Site without express written permission.
    • 4. Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Beauty Well NZ Site.

11. Intellectual Property

  • 1. We own all proprietary rights and intellectual property rights in TheBeautyWellNZ™, the Website, our products and services, including text, graphics, logos, icons and sound recordings and copyright. We own or are licensed to use any trademarks associated with the Website and such trademarks are protected by New Zealand law. You must not alter or remove any copyright notice, trademark or other proprietary notice that appears on this Website or on our content.
  • 2. You may not without our prior written permission, in any form or by any means:
    • 1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
    • 2. Commercialise, copy, or on-sell any information, or content obtained from any part of this Website.
  • 3. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners and may not be used by you without obtaining the owners’ express permission.

12. Miscellaneous

  • 1. Resolution of disputes: As we are not a party to any sale or transaction between you and any Supplier, you agree not to involve, or attempt to involve, us in any dispute or in the resolution of disputes that arise between you and Suppliers as a result of the Website and the services we provide. However, we reserve the right to intervene in any dispute between you and a Supplier if we (in our sole discretion) deem it necessary.
  • 2. If you have any questions about our terms and conditions or any other matter, please contact us at admin@thebeautywellnz.com
  • 2. You may not without our prior written permission, in any form or by any means:
    • 1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
    • 2. Commercialise, copy, or on-sell any information, or content obtained from any part of this Website.
    • 3. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners and may not be used by you without obtaining the owners’ express permission.

13. EFFECTIVE DATE

  • March 15, 2016