DR STACY SIMS Client Terms and Conditions
By signing up as a Client or otherwise accessing on the Website our Products and Services that require acceptance of these Client Terms and Conditions, you confirm that you have read, and that you agree with, our:
- Client Terms and Conditions;
- General Terms and Conditions of Use; and
(together, Client Terms and Conditions). We provide our Products and Services subject to the Client Terms and Conditions.
If you have not read, or if you do not accept, our Client Terms and Conditions, you are not authorised to be a client of DR STACY SIMS or to use the facilities on the Website that we offer to Clients, including our Products and Services.
The Client Terms and Conditions may be amended from time to time and it is your responsibility to regularly check this section on the Website to ensure you are aware of our current Client Terms and Conditions.
- Operation of the Products and Services
- DR STACY SIMS provides the Products and Services with the aim to help you with training, nutrition and health, based in good faith on research conducted or otherwise available to DR STACY SIMS. The Products and Services are provided for information and education purposes only. Use of the Products and Services is at your own risk.
- The success of our Products and Services ultimately depends on your individual circumstances and engagement. Either way, we are not ultimately responsible for the success of your training, nutrition, health and your reliance on our Products and Services, which you ultimately control.
- Account and Accessibility of Products and Services
- Some of our Products and Services are readily available on our Website. You must agree to our General Terms and Conditions when accessing our Products and Services.
- For most of our Products and Services you must:
- agree to our Client Terms and Conditions before accessing the Products and Services; or
- register as a Client and agree to our Client Terms and Conditions as part of this process and before accessing the Products and Services.
- An account may be set up in the name of a corporation, company or business name but an individual person must be responsible for that account and only that person (you) may use our Products and Services and access and use the DR STACY SIMS Content. Your account is non-transferable.
- You confirm and warrant that the information you provide to us (during the registration process, process of accessing or Products and Services and at any other time) is current, complete and accurate at the time you provide it, and you agree to maintain and update the data as required to keep it so.
- You are fully responsible for all use of your account and your access to our Products and Services, including the access or use of your account by others and you will be liable for all use of your account if that use breaches the Client Terms and Conditions. Any instruction issued or Client Content provided using your email, account or password will be deemed to be an instruction or posting by you and may be acted upon accordingly until you notify us otherwise. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
- Pricing and Payment
- Our prices are listed on the Website or otherwise as we may communicate to you from time-to-time. We reserve the right to amend our prices from time to time.
- At the time of selecting a particular Product or Service, you agree to make payments in advance by credit card or debit card (if available), as detailed on the Website.
- Third Party fees may be applicable to your use of the Services. You agree to pay, and indemnify us for, any Third Party fees that may be applicable.
- All prices are exclusive of bank fees, credit card fees, currency fees and taxes, unless otherwise indicated by us. You agree to pay, and indemnify us for, any such fee that may be payable on our prices that we charge you.
- Change in Products and Services and Cancellation
- We may change or tweak our Products and Services from time-to-time as we see fit.
- We may also stop providing our Products and Services from time-to-time as we see fit. For Training or Coaching where you have paid to have access to Training or Coaching for a period of time, if we cease to provide something that is fundamental to the particular Training or Coaching (as we determine), we will refund on a pro-rata basis the fee you paid for that particular Training or Coaching. No refunds will otherwise be available (subject to clauses 9.3 and 9.4 of these Client Terms and Conditions).
- We may cancel, suspend or restrict your account or access to Products and Services at any time should you fail to follow our Client Terms and Conditions, or otherwise at our sole discretion. Where we cancel, suspend or restrict your account or access to Products and Services due to you failing to follow our Client Terms and Conditions, you agree we are not obliged to refund you any money you have paid for our Products and Services.
- You may cancel your account at any time. On termination of your account for any reason, you will no longer be able to use or access our Products and Services and you will not be entitled to any refund (subject to clause 8.3 of these Client Terms and Conditions).
- Shipping, exchange and refund policy for Products
- Please inspect your Product upon receipt and contact us immediately if the Product is defective, damaged or if you receive the wrong Product, so that we can evaluate the issue and make it right. You will need to provide all the information we ask for so that we can assess your claim. We will otherwise not be able to process your claim.
- If we accept your claim or if we need to inspect the Product to better assess your claim, we will provide you with instructions on how and where to send your package.
- We will notify you once we have received and inspected your returned Product. If we agree with your claim, we will:
- exchange the Product for a new, equivalent Product; or
- provide you with a refund.
- The election of whether to exchange the Product or provide you with a refund will be at our discretion. This is unless the New Zealand Consumer Guarantees Act 1993 applies and the Product has a major fault (in which case it is your choice whether you opt for a replacement or a refund) or if there are other applicable laws that provide you with this choice and that are not excluded under these Member Terms and Conditions. If we approve a refund, you will be refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
- Client Content
- You warrant that all Client Content provided to us is true, complete and accurate and is not in breach of our General Terms and Conditions or any Third Party rights and is otherwise not objectionable, defamatory, obscene, harassing, threatening, incorrect, misleading or unlawful in any way.
- You agree to promptly update any changes to your Member Content, including your email address, postal address and credit card details, so that we can complete your transactions and contact you as needed.
- You acknowledge that we cannot complete your transactions and provide you with our Products and Services if we do not have the correct information about you, including your email address, postal address and credit card details.
- We acknowledge that you are the owner, or an authorised licensee, of all IP Rights vesting in your Client Content. You grant to us a royalty-free, non-exclusive, worldwide licence to use the Client Content to provide Products and Services to you. We will not reproduce or replicate any part of the Client Content, except as is necessary to provide the Products and Services to you.
- DR STACY SIMS Content and IP Rights
- You may download and view or otherwise use DR STACY SIMS Content, provided:
- you do not share it with anyone else;\
- you only use it for the purpose for which it was provided to you, i.e. for your own educational purposes; and
- you otherwise only use it in compliance with these Client Terms and Conditions.
- You acknowledge that we are the owner, or an authorised licensee, of all IP Rights vesting in the DR STACY SIMS Content. You may not reproduce or replicate any part of the DR STACY SIMS Content (including improvements made to the DR STACY SIMS Content during the process of us providing Products or Services to you).
- Your use of the Website or the Products and Services does not provide you with any IP Rights in relation to the Website or the DR STACY SIMS Content (including improvements made to the DR STACY SIMS Content during the process of us providing Products and Services to you).
- You may download and view or otherwise use DR STACY SIMS Content, provided:
- Confidential Information
- We may exchange Confidential Information necessary to provide the Products and Services. The recipient of any Confidential Information (being you or us) must hold the Confidential Information in strict confidence and not directly or indirectly cause, permit or enable its disclosure, publication, transfer, misappropriation or revelation to any person or entity without the authorisation of the disclosing party.
- Any such Confidential Information must only be used in relation to the Products and Services, and must be returned or destroyed once we are no longer providing the Products and Services (but the obligations of confidentiality will survive termination or expiry of this agreement).
- Although DR STACY SIMS Content and Confidential Information is presented in good faith, we make no warranty or representation about the accuracy or completeness of DR STACY SIMS Content or Confidential Information or the content of any website linked to or from the Website. To the fullest extent permitted by law, you agree we will not be liable for any damage, loss, claim or expense suffered as a result of reliance on the DR STACY SIMS Content of Confidential Information we provide or any linked site provides.
- To the fullest extent permitted by law, we exclude all liability and responsibility we may have to you or to any other person under or in connection with these Client Terms and Conditions, the Products and Services or provision of DR STACY SIMS Content. This exclusion applies regardless of whether such liability arises in contract (including breach of implied warranty), tort (including negligence), equity, breach of statutory duty or otherwise, and includes liability for any incidental, consequential, exemplary, special, or indirect damages (including loss of profits, revenues, data and/or use).
- Clauses 9.1 and 9.2 do not limit rights you may have under the New Zealand Consumer Guarantees Act 1993 relating to the quality of the Products and Services we provide. However, if you are a business or if you are located outside of New Zealand, you agree that the Consumer Guarantees Act 1993 does not apply to you.
- Clauses 9.1 and 9.2 do not limit rights you may have under other applicable laws outside of New Zealand relating to the quality of the Products and Services we provide. However, if you such laws can be contracted out of, you agree that such laws do not apply to you with respect to our Products and Services.
- Our inclusion of links to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, operations, products or operators of those sites. We take no responsibility for any damage or harm arising out of the inclusion of such links.
- As with any use of online services to provide, upload, store or transmit information, there is a risk of unauthorised access or use of that information by others. You agree you bear the risk that any Confidential Information included in Client Content, including personal information, could be improperly used or disclosed by any other person and you agree that we are not liable for this.
- We take no responsibility for any system unavailability, or for any loss that is incurred as a result of Third Party software or services being unavailable. Further, you agree we assume no responsibility or liability for the corruption of any Client Content or any Third Party content, including such content held by a Third Party.
- You must take your own steps to ensure that the process which you employ for accessing our Products and Services does not expose you to the risk of viruses or other forms of interference which may damage your computer system or expose you to credit card fraud, which you are responsible and liable for.
- We make no representation or warranty that the DR STACY SIMS Content is appropriate for use in all countries or that such content satisfies the laws of any country (including New Zealand). If you choose to use DR STACY SIMS Content, you do so of your own initiative. You agree you are responsible for ensuring that your plans and documents are suitable for your own compliance with applicable local laws.
- You must take reasonable steps to mitigate any loss, damage, cost or expense you may suffer or incur arising out of anything done or not done in connection with these Client Terms and Conditions. We will not be liable for any liability caused by your failure to mitigate any loss, damage, cost or expense.
- Where we are unable to limit liability under these Client Terms and Conditions due to an applicable law, you agree that our liability will be limited to the amount of fees you have paid to us in the preceding 3 months.
You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs), expenses or losses arising (directly or indirectly) out of:
- your breach of any of the Client Terms and Conditions;
- any transactions with any Third Parties, including Third Party Sites;
- any Client Content you upload or provide to us;
- your use of the Products and Services;
- any reliance by you on DR STACY SIMS Content;
- any technical errors or corruption of data on the Website or other software required to use the Services; or
- reliance by us or any Third Party upon any acts carried out, requests made, or information provided through the use of your account.
- Dispute Resolution
- If you are unhappy with us or our Products and Services for any reason, we would like to be the first to know. You may do so using the contact us form on our Website.
- Where any dispute arises between us, we (you and us) agree to in good faith use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action.
- No Waiver
No failure or delay by us to exercise any right or remedy provided for under the Client Terms and Conditions, or by law, will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that, or any other, right or remedy.
We may, at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under these Client Terms and Conditions to any person or party. You may not assign or transfer any of your rights or obligations under these Client Terms and Conditions to any other person without obtaining our prior written consent.
If any portion of these Client Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.
- Third Parties
These Client Terms and Conditions do not confer a benefit on any person who is not a party to the agreement.
- Entire Agreement
These Client Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether verbal or written and constitutes the entire agreement between you and us relating to the subject matter of these Client Terms and Conditions. Where there is any inconsistency between the Client Terms and Conditions and General Terms and Conditions, the Client Terms and Conditions will prevail.
- Applicable Law
- These Client Terms and Conditions are governed by and will be construed in accordance with the laws of New Zealand.
- You submit to the non-exclusive jurisdiction of the courts of New Zealand.
No variation of these Client Terms and Conditions will be effective unless it is in writing.
- Further Information
If you require any further information, or if you have an issue or complaint, please contact us using the contact us form on our Website.
- STSims Consultants Ltd, trading as DR STACY SIMS (DR STACY SIMS) is the owner of the Website, business and related IP Rights, and provider of the Products and Services. DR STACY SIMS may also be referred to as “Stacy”, “Stacy Sims”, "we", "our", "us" or "it" in any correspondence with you and throughout any page of the Website, including the Client Terms and Conditions.
- You, as a User of our Website and Products and Services, may be referred to as "you", "User", “Member” or "Client".
- Client means a User who is required to agree to the Client Terms and Conditions.
- In the Client Terms and Conditions, the following words have the meanings set out below:
Client Content means any text, graphics, user interfaces, visual interfaces, photographs, videos, trade marks, logos, sounds, music, artwork, computer code and other material independently developed, used, or provided by you as a Client.
Confidential Information means any Client Content or DR STACY SIMS Content that is not in the public domain and is marked confidential or the recipient (being you or us) knows or ought to know is confidential.
DR STACY SIMS Content means any text, graphics, user interfaces, visual interfaces, photographs, videos, trade marks, logos, sounds, music, artwork, computer code and other material or data on the Website or provided to you as part of our Products and Services, including course materials, guides, workbooks, worksheets, brochures, emails, quizzes, articles, blog posts, e-books and podcasts.
IP Rights means any trade marks, copyright and all other intellectual property rights.
Products and Services means the products and services advertised or provided on the Website, including:
-online training courses and related DR STACY SIMS Content or one-on-one training (Training or Coaching);
-DR STACY SIMS Content; and
-Related Products and Services.
Related Products and Services means additional products and services that we may offer or provide from time to time, including books, clothing and other merchandising items.
Third Party means any party that is not a party to these Client Terms and Conditions (i.e. is not you or us).
Third Party Sites means any Third Party website, site or page (including social media sites and pages).
User means any user of the Website.