NUTRITION CONSULTANTS WEBSITE:

1. The purpose of this website is to provide:

   1. Information on the Nutrition Consultants services.

   2. A service to enable Registered Users to subscribe to the online weight loss programme (as and when it is available).

   3. A members only area for Registered Users to be updated with weight loss information and that allows some contribution to discussions.

INTELLECTUAL PROPERTY RIGHTS:

1. You acknowledge that:

   1. the information displayed or available on our website is of significant commercial value to us and our licensors;

   2. all copyright, trade marks, database rights and other intellectual property rights in the website are owned by us or our licensors; and

   3. except as expressly stated in these Website Terms and Conditions of Use, and (if you are a Registered User) in the Registered User Terms and Conditions (see below), no right or licence is granted to you in relation to the information on the website or the intellectual property rights in the information on the website

2. You may use the information on the website for your own personal health, weight loss and well-being purposes, provided that you do not:

   1. copy any of the website Information, unless you are a Registered User and are permitted to do so under the Registered User Terms and Conditions;

   2. deface or remove any copyright notices or trade marks in any website information downloaded or copied by you from our website;

   3. compile or extract website information from this website for the purpose of making such information available to others (whether as a directory or otherwise) with a view to a profit or for a fee or other consideration; or

   4. use any trade mark in a manner that is reasonably considered by us, or our licensors, to be a misuse or appropriation of that trade mark.

PRIVACY POLICY:

1. We may collect personal information when you use our website. Our collection and use of personal information is governed by our Privacy Policy (see below). By accessing and browsing this website, you acknowledge acceptance of the terms of our Privacy Policy.

WEBSITE INTEGRITY:

1. The purpose of this website is to provide:

   1. damage, interfere with or harm our website, or any network or system underlying or connected to our website, in any way whatsoever;

   2. amend any information contained on our website, unless you are expressly permitted by us to do so; or

   3. reverse engineer or decompile our website or any software comprising or underlying our website.

AMENDMENTS:

1. We may amend these Website Terms and Conditions of Use from time to time. Notice of any such amendments will be announced on this website and will be effective immediately, unless we state otherwise. You are responsible for reviewing our website regularly to obtain timely notice of any such amendments.

2. Your continued use of our website shall constitute and be deemed to be your acceptance of any amendments or revisions to these Website Terms and Conditions of Use.

WARRANTIES AND LIABILITIES:

1. You understand and agree that your use of our website and/or any services provided on our website or by us, is at your sole risk. Our website, the website information and the services provided by us are provided by us on an "as is" and "as available" basis. We disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of merchantability, quality and fitness for a particular purpose).

2. Without limiting the above, we do not warrant or represent that our website or any services provided by us will be available at all times, secure or error-free, or that any website information is error-free or reliable.

3. In no event will we, or our employees, agents, directors and other personnel, have any liability to you (whether in contract, tort including negligence, or otherwise) in relation to your use of our website or any services provided by us or any website information, whether or not such liability is direct, indirect, consequential or of a special nature, including without limitation, any liability for loss of revenue, profit, anticipated savings, goodwill or opportunity, production or loss or corruption of data as well as any physical or mental impairment.

4. None of the exclusions or limitations set out in these Website Terms and Conditions of Use will have the effect of limiting or excluding any form of liability to the extent such liability cannot be so limited or excluded under applicable law.

NON COMPLIANCE:

1. If you do not comply with these Website Terms and Conditions of Use we may suspend or block your access to our website and pursue any other legal actions or remedies available to us against you.

WAIVER:

1. Our failure or delay in the exercise of any right or remedy we may have under these Website Terms of Use will not be construed or operate as a waiver such right of remedy, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.

GOVERNING LAW:

1. These Website Terms and Conditions of Use will be governed by the laws of New Zealand. You agree to submit to the jurisdiction of the courts of New Zealand. You may only bring a claim or action against us in the courts of New Zealand.

2. PRIVACY POLICY

In the course of operating our website and providing weight loss programmes and other services, Nutrition Consultants Ltd, (“we” or “our” or “us”) may collect, use, disclose and hold information about an identifiable individual (“Personal Information”).

This Privacy Policy describes the Personal Information collected by us or our website and describes the purposes for which we may use, disclose or hold such Personal Information.

In this Privacy Policy, the following terms will have the following meanings:

“Direct Marketing Information” means marketing or promotional information about our services or products, or the services or products of other companies carefully selected by us that relate to weight-loss, health or well-being;

“Registered User” means a person who has registered as a user of our website; and

“Visitor” means a person who uses or browses our website and who is not a Registered User.

VISITING OUR WEBSITE:

1. If you are a Visitor or Registered User, during your visit to our website we may collect statistical data about your visit, such as the date, time and length of your visit, the URLs or addresses of the website pages you visit, the operating system, browser, each engine and IP address used by the computer you are using to connect to the internet and the domain name from which you are accessing the internet. This information may be collected by third party software operating on our website.

2. We may use and disclose such statistical data for the following purposes:

   1. to measure the effectiveness of any advertising on our website;

   2. to identify user behaviour and user trends on our website; and

   3. to maintain and optimise the technical performance, operation and security of our website.

3. We may disclose such statistical data to others, including Registered Users, but only on an aggregated basis and in a way that ensures that no individual is able to be identified from such data.

4. We will not use Personal Information collected by us or our website to send or email Direct Marketing Information to you, unless you have expressly asked us to send Direct Marketing Information to you. If you have asked us to send to you Direct Marketing Information, and you later decide that you do not want us to send you any further Direct Marketing Information, you can contact us at any time to request that we stop sending you such information.

REGISTERED USERS:

1. If you are a Registered User, during the process of entering into an agreement with us to provide programmes and services you will provide us with Personal Information, for example, your name, address, email address, phone numbers, credit card details, and information about your health and well-being. We may also collect other Personal Information about you during the course of your relationship with us.

2. If you do not provide the information requested by us or our website, we may be unable to provide services or programmes to you.

3. If you are a Registered User, or apply to be a Registered User, we will use, disclose and hold such Personal Information for the purposes of:

   1. establishing and maintaining your account with us;

   2. preparing custom-made weight loss or other health-related programmes for you;

   3. monitoring your performance under any custom-made programmes;

   4. providing you with newsletters, health materials and other associated services;

   5. contacting you about your registration, your account or the services we provide to you;

   6. arranging billing, payment, credit checks and verifying your identity;

   7. gauging customer satisfaction and providing customer services;

   8. providing technical support and administration;

   9. maintaining our records;

   10. addressing feedback or complaints and resolving disputes;

   11. providing data to Visitors and Registered Users about the performance of programme members (but without using any Personal Information in a way that would identify such members); and

   12. sending you Direct Marketing Information, if you have expressly asked us to:

   13. marketing our products globally (using non-identifiable testimonials and any other supporting comments from registered users);

   14. scientific research (using non-identifiable information only);

   15. sharing non-identifiable user inputs with other Registered Users, to provide them with ideas, tips and other strategies; and

   16. any other purpose specified in the Registered User Agreement accepted by you.

4. We may also publish Personal Information contained in any submission to any on-line member forum on our website. You should not submit to our on-line member forums any Personal Information that you do not want published.

DISCLOSING PERSONAL INFORMATION TO THIRD PARTIES:

1. We will not sell your Personal Information to direct marketers.

2. We will not use your Personal Information, or disclose your Personal Information to third parties, except:

   1. to the extent reasonably necessary to achieve any of the purposes described in clauses 1 to 8; or

   2. where we reasonably believe that such use or disclosure is required or expressly permitted under any applicable law.

3. We will not hold your Personal Information for longer than is reasonably required for the purposes for which we may lawfully use that Personal Information.

YOUR RIGHTS TO ACCESS AND CORRECT PERSONAL INFORMATION:

1. Where we hold Personal Information about you, you have a right to access and correct that Personal Information in accordance with the Privacy Act 1993. If you want to access or correct your Personal Information, please contact us.

SECURITY:

1. We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard the Personal Information we hold from loss or unauthorised access, use, modification or disclosure. However, as the internet is an open network, we do not warrant or guarantee that your Personal Information is safe from loss or unauthorised access, use, modification or disclosure, either during transmission to or from our website, or when held by us.

WEBSITE TERMS AND CONDITIONS OF USE:

1. Your use of our website is also governed by our Website Terms and Conditions of Use. By accessing and browsing our website, you also agree to comply with the terms of our Website Terms and Conditions of Use.

AMENDMENTS:

1. We may amend this Privacy Policy from time to time. Notice of any such amendments will be announced on this website and will be effective immediately, unless we state otherwise. You are responsible for reviewing our website regularly to obtain timely notice of any such amendments.

2. Your continued use of our website will constitute your acceptance of any amendments or revisions to this Privacy Policy.

CONTACTING US:

1. If you:

   1. have any questions about this Privacy Policy or our privacy and data protection practices;

   2. want to access or correct any Personal Information we hold about you at fitbutnotfancy@gmail.com