Terms & Conditions
SHAPESHIFTERS NUTRITION LIMITED – WWW.SHAPESHIFTERS.CO.NZ
TERM AND CONDITIONS OF MEMBERSHIP
Welcome to Shapeshifters. This Site is provided to you subject to the following Terms and Conditions of Membership. These terms may be updated without notice to you and are deemed to be binding once displayed on the Site. The Terms and Conditions of Membership set out the legally binding terms for your use of Shapeshifters. By using Shapeshifters and/or the Site, you agree to be bound by these terms whether you are a visitor or a member of Shapeshifters.
Definitions
“Homepage” means your individual member’s Homepage as provided to you by Shapeshifters upon registration of your membership.
“Membership” means your subscription to Shapeshifters until such time as it is terminated either by you or Shapeshifters.
“Shapeshifters” means Shapeshifters Nutrition Limited and includes, where the context requires it, the Site, the Homepage, the Site Forum and all correspondence by Shapeshifters, its officers, directors, employees and agents to members outside of the Site.
“Site” means the website of Shapeshifters Nutrition Limited at www.shapeshifters.co.nz and includes, where the context requires it, the Homepage and the Site Forum and all correspondence by Shapeshifters, its officers, directors, employees and agents.
“Site Forum” means the discussion forum(s) as provided by Shapeshifters on the Site for the use of members.
“We” includes the words “us”, “we” and “ours” and means Shapeshifters.
“You” includes the words “you” and “yours” and means you as a member of Shapeshifters.
Terms and Conditions
Eligibility
Membership
Membership is restricted to persons 18 years of age or older and to New Zealand residents only. By registering with Shapeshifters and using this Site, you represent and warrant that you are 18 years or age or older and a New Zealand resident. Any registration by, use or access of this Site by anyone who is under 18 years of age and/or is resident overseas is void, unauthorised, unlicensed and in violation of these Terms and Conditions of Membership. Shapeshifters at its sole discretion reserves the right to accept or decline applications for membership.
Competitions
Shapeshifters may provide competitions on the Site. The terms and conditions, rules, regulations and procedures relating to the competitions will be accessible on the Site. By entering or participating in any competition, you agree to be subject to those terms and conditions, rules, regulations and procedures in addition to these Terms and Conditions of Membership. Competitions are only available to persons aged 18 years and over and New Zealand residents.
Member responsibilities
2.1 Information about you
You agree to provide accurate, current and complete information about you at all times either voluntarily or as prompted by Shapeshifters in the Confidential Application Form and Health Questionnaire or as otherwise may from time to time be prompted by Shapeshifters during your Membership. If there is any change to your personal or health circumstances or medical history whilst on the Programme, you agree to immediately provide details of these to Shapeshifters by email or by updating on a regular basis the Health History on your Homepage to ensure that Shapeshifters at all times holds accurate, current and complete information about you. Shapeshifters reserves the right to restrict, suspend or terminate your Membership if any information you have provided is untrue, inaccurate or incomplete, or you withhold information from Shapeshifters or we have reasonable grounds to suspect that any of the above is the case.
2.2 Membership fees and online payments
Shapeshifters is not required to provide you with a refund if you change your mind about a particular programme. Shapeshifters may upon request and at its sole discretion provide you with a refund or a credit note.
Shapeshifters or an authorised third party will ask you to provide certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide any required information to Shapeshifters or such third party and that any information provided by you is accurate, current and complete. When making any purchase, you also warrant that you are at least 18 years of age and enter into the terms and conditions applying to the purchase. You also warrant that you are purchasing on your own behalf and for your own personal, non-commercial use. If you use a credit card to process a transaction, you warrant that the credit card is issued in your own name and that you will pay for all charges incurred while using online transactions.
Shapeshifters uses DPS WIPS+ hosted solution to securely process and manage credit card transactions. DPS WIPS+ is certified to Visa and MasterCard’s global industry standards. For more information, see DPS’ Privacy Policy at www.paymentexpress.com.
You acknowledge and agree that internet transmissions are never entirely secure or private and Shapeshifters shall have no liability for the interception or ‘hacking’ of any data by unauthorised third parties.
All prices are in New Zealand dollars (NZ$) and include GST (12.5% goods and services tax). All prices are correct at time of publication however Shapeshifters reserves the right to alter prices for any reason.
2.3 Membership Account
As per of registering as a member of Shapeshifters, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. You are also entirely responsible for any and all activities and conduct, whether by you or anyone else, that are conducted through your account. You agree to notify Shapeshifters immediately of any unauthorised use of your account or any other breach of security. Shapeshifters will not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Shapeshifters or another party due to someone else using your account or password.
2.4 Membership term and termination
Membership terms are determined by the type of programme you purchase from Shapeshifters. Shapeshifters reserves the right to restrict, suspend or terminate your Membership before the end of its term at its sole discretion at any time and with or without notice to you. If your Membership becomes inactive, Shapeshifters will generally, but are not obligated to, keep your Homepage active for a period of time as determined by Shapeshifters. You may also terminate your membership by emailing Shapeshifters at info@shapeshifters.co.nz.
2.5 Use of Site
You understand that except for advertisements offered by us or commercial businesses on the site, the Site is available for your personal, non-research and non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your Membership or Homepage or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You agree not to access the Site by any other means other than through Shapeshifters-provided interfaces.
In addition, you agree not to use the Site to:
harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
use automated scripts to collect information from or otherwise interact with the Site;
copy, reverse engineer, reverse assemble, or otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site;
upload, post, transmit, share, store or otherwise make available any content that Shapeshifters deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
register for more than one Membership, register for a Membership on behalf of an individual other than yourself, or register for a Membership on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, and credit card numbers;
solicit personal information from anyone under 18 or any other member or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another member;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another member’s account, service or system or create a false identity on the Site;
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Shapeshifters, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Shapeshifters or its users and members to any harm or liability of any type.
2.6 Member’s Homepage and Site Forum
You are solely responsible for the profiles (including your name, image, and likeness), messages, notes, text, information, and other content that you upload, publish or display (hereinafter, “post”) on or through the Site or your Homepage or the Site Forum, or transmit to or share with other members. You may not post, transmit, or share with other members contents on the Site or your Homepage or the Site Forum that you did not create or that you do not have permission to post.
You understand and agree that Shapeshifters may, but is not obligated to, review the Site or your Homepage or the Site Forum and may delete or remove (without notice) any content in its sole discretion, for any reason or no reason, including content that in the sole judgment of Shapeshifters violates these Terms and Conditions of Membership, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of members or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Site or the Homepage or the Site Forum or provide to Shapeshifters.
When you post content to the Site or your Homepage or the Site Forum, you authorise and direct Shapeshifters to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site or your Homepage or the Site Forum. By posting content to any part of the Site or your Homepage or the Site Forum, you automatically grant, and you represent and warrant that you have the right to grant, to Shapeshifters an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorise sublicenses of the foregoing.
You may remove your content from the Site or your Homepage at any time. If you choose to remove your content, the license granted above will automatically expire, however you acknowledge that Shapeshifters may retain archived copies of your content. Shapeshifters does not assert any ownership over your content; rather, as between us and you, subject to the rights granted to us in these Terms and Conditions of Membership, you retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated with your content.
Disclaimer
3.1 Linked sites
Any links to third-party sites provided by Shapeshifters on the Site (“Linked Sites”) are as a convenience and are neither controlled nor endorsed by Shapeshifters. Shapeshifters has no obligation to review or approve the content on the Linked Sites and Shapeshifters is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Site. You acknowledge and agree that Shapeshifters 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 the use of any of the links, content, goods or services available on or though any Linked Site.
3.2 Site Forum
You acknowledge and agree that any information and content posted on the Site Forum may be provided by Shapeshifters, Shapeshifters’ outside contributors or users not connected with Shapeshifters. Shapeshifters expressly disclaims all responsibility and endorsement and makes no representations as to the validity of any opinion, advice, information or statement made or displayed in the Site Forum by third parties, nor is Shapeshifters responsible for any errors or omissions in such posting or for hyperlinks embedded in any messages. Under no circumstances will Shapeshifters, or its affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through the Site Forum. The opinions expressed in the Site Forum are solely the opinions of the participants and do not reflect the opinions of Shapeshifters or any of its subsidiaries or affiliates.
3.3 Warranties
You expressly understand and agree that your use of Shapeshifters is at your sole risk. The Site is provided on an “as is” and “as available” basis. Shapeshifters and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Shapeshifters and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that the Site will meet your requirements; that access to the Site will be uninterrupted, timely, secure, error-free or virus-free; that the results that may be obtained from use of the Site will be accurate or reliable; and that any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice, whether oral or written, obtained by you from Shapeshifters or through or from the Site shall create any warranty not expressly stated in these Terms and Conditions of Membership.
3.4 Professional advice disclaimer
Shapeshifters is not a licensed medical provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. Nothing stated or posted by Shapeshifters or on the Site are intended to be, and must not be taken to be, the practice of medical or counselling care. For the purposes of this agreement, the practice of medicine and counselling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice. Shapeshifters makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
3.5 Content and Nutrition Disclaimer
The information presented by Shapeshifters or contained on the Site (collectively, the “Content”) is presented for the purpose of educating individuals on fitness, general health, and related training issues and topics. Nothing presented by Shapeshifters or contained on the Site or the Content is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of the consultation or the advice of your physician or other trained or qualified health care provider. Information obtained from the Site is not exhaustive and does not cover diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read or obtained from Shapeshifters. Information from Shapeshifters is for informational use only.
The Content and other information contained in Shapeshifters are compiled from a variety of sources (“Information Providers”). Neither Shapeshifters nor any Information Providers directly or indirectly practice medicine or dispense medical services as part of Shapeshifters. Shapeshifters recommends that you consult a physician before beginning any diet program. Adults should not commence any short or long-termed diet program without seeking competent medical advice.
Shapeshifters expressly disclaims any responsibility or liability for any adverse consequences or damages resulting from your reliance on Shapeshifters or the Site, the content or any information provided from Shapeshifters or the Site
3.6 Fitness Disclaimer
Shapeshifters recommends that you consult a physician before beginning any exercise program. You should understand that when you are participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Shapeshifters from any and all claims or causes of action, known or unknown, whether or not arising out of Shapeshifters’ negligence.
Indemnity
You agree to indemnify, defend and hold harmless Shapeshifters, its officers, directors, employees, agents, information providers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from your use of the Site, any violation of these Terms and Conditions of Membership or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing Shapeshifters using your account.
Privacy
Your privacy is important to us. By accepting these Terms and Conditions of Membership you also accept the terms of our Privacy Policy.
Copyright and Intellectual property
You agree that all content appearing on the Site and available through Shapeshifters, including but not limited to text, graphics, pictures, videos, information, applications, software and other files are the proprietary property of Shapeshifters or its licensors with all rights reserved. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning Shapeshifters or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. No content on the Site may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Shapeshifters’ prior written approval. Shapeshifters reserve the right to reclaim members’ Homepages for its own use.
Termination
Your acceptance of these Terms and Conditions of Membership shall remain effective until terminated in accordance with these terms and conditions. You agree that Shapeshifters, in its sole discretion, may terminate your Membership (in whole or in part) or use of the Site and remove and discard any content within the Site at any time and for any reason.
Limitation on liability
The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us which can by law (or which can to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on us, our liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
You agree that neither Shapeshifters nor its officers, directors, employees, agents, information providers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of Shapeshifters, the Site or its contents. You hereby release and forever waive any and all claims you may have against Shapeshifters, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of Shapeshifters, its officers, directors, employees, agents, information providers or suppliers) for losses or damages you sustain in connection with your use of Shapeshifters, the Site or its content.
Your use of the Site is solely at your own risk. You expressly acknowledge and agree that Shapeshifters shall not be responsible for any damage, loss or injury to persons or property caused, or alleged to have been caused, directly or indirectly, by any instruction, information, product, or ideas provided, suggested or referenced on Shapeshifters, the Site or its content. No advice or information whether oral or written obtained by you from Shapeshifters or the Site shall create any warranty not expressly made herein.
Notwithstanding the foregoing paragraph, the total liability of Shapeshifters, its officers, directors, employees, agents, information providers or suppliers, if any, for losses or damages shall not exceed the fees paid by the member for the particular information or service provided. In no event shall Shapeshifters, its officers, directors, employees, agents, information providers or suppliers be liable to you for any losses or damages other than the amount referred to above.
Jurisdiction
Shapeshifters makes no representation or warranty that the content and materials on the Site are appropriate or available for use in locations outside of New Zealand. Those who choose to access or use the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if an to the extent applicable. Shapeshifters reserves the right, at any time in our its discretion, to limit the availability and accessibility of the Site to any person, geographic area, or jurisdiction as it desires and to limit the quantities of any service that it provides.
These Terms and Conditions of Membership shall be governed by and construed in accordance with the laws of New Zealand and subject to the non exclusive jurisdiction of the New Zealand Courts at the court of competent authority closest to our registered office.
Severability
If any provision or part of a provision of these Terms and Conditions of Membership is held invalid, unenforceable or illegal for any reason, this contract and any remainder of the provision shall remain otherwise in full force apart from that part of the provision which shall be deemed deleted.
Changes to terms and conditions
These terms and conditions constitute the entire agreement between you and us. We may alter these terms and conditions at any time at our sole discretion. You will be notified of any changes to these terms and conditions via a notice on our Website. If you continue to use our Website and our services after such notice has been given, you will be deemed to have accepted the changed terms and conditions.
