General Terms of Use
Website General Terms & Conditions of Use
By accessing and using https://www.drstacysims.com and any related website (the Website) you agree to be bound by these General Terms and Conditions of Use outlined below and our Privacy Policy (together, General Terms and Conditions).
You confirm that you have read, and that you agree with, our General Terms and Conditions. If you have not read, or if you do not accept, our General Terms and Conditions, you are not authorised to use our Website or our Products and Services.
These General 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 General Terms and Conditions.
- Operation of the Website and our Products and Services
- The Website is a venue where we advertise and provide our 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.
- 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 C as part of this process and before accessing the Products and Services.
- You must be over 18 years of age to access our Products and Services and to register as a Client and you agree you can form a legally binding contract that is enforceable against you under applicable law.
- Use of the Website and DR STACY SIMS Content
- When using the Website or DR STACY SIMS Content, you agree you will not use the Website or DR STACY SIMS Content in any manner that is unlawful or prohibited by the General Terms and Conditions.
- Without limiting clause 3.1, you agree you will not (directly or indirectly):
- hack into any part of the Website or DR STACY SIMS Content through password mining or other means;
- commit or encourage a criminal offence;
- defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy) of others;
- disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other Users;
- impersonate any other person, or forge any material in order to disguise the origin of any DR STACY SIMS Content or communications sent through the Website;
- transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us, or harvest information about other Users in order to transmit or facilitate the transmitting of such materials;
- attempt to modify, reverse engineer or reverse-assemble any part of the Website or DR STACY SIMS Content;
- breach any applicable laws or regulations; or
- engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the General Terms and Conditions or Client Terms and Conditions or is otherwise inappropriate for the Website.
- Without limiting clauses 3.1 and 3.2, you agree you will not provide to us or post or transmit any content on the Website or any website linked to the Website or related social media page that:
- 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;
- is or is reasonably likely to be unsuitable for persons under the age of 18 years;
- infringes the IP Rights of any person;
- infringes any confidentiality or privacy obligations or other contractual or legal obligations owed to any third party;
- is incorrect or inaccurate;
- is false or misleading or deceptive;
- contains any virus (including malware or spyware) or other destructive component;
- is prohibited by or violates any applicable laws or regulations; or
- otherwise breaches the General Terms and Conditions or Client Terms and Conditions.
- We reserve the right to remove or delete any content which we reasonably believe breaches the requirements set out in clause 3.3.
- DR STACY SIMS Content and IP Rights
- You acknowledge that we are the owner, or an authorised licensee, of all IP Rights vesting in the DR STACY SIMS Content. No DR STACY SIMS Content may be copied, modified, reproduced, published or transmitted without our prior written consent.
- You may 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 General Terms and Conditions.
- 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.
- Links to Third Party Sites
- The Website or our Products and Services may include links to Third Party Sites. If you visit a Third Party Site, you will be subject to the terms and conditions of that website and any dealing will be solely between you and that Third Party Site. These links do not imply our endorsement of that Third Party Site or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website.
- The Website or our Products and Services may be linked to various social networking sites. You acknowledge and agree that:
- any comments or content that you post on such social networking sites though a link provided on the Website are subject to the terms and conditions of the social network site that you post the comments or content on; and
- we are not responsible or liable for any comments or content you or others post on social networking sites.
- Liability
- We do not warrant or guarantee:
- the accuracy or correctness of the DR STACY SIMS Content on the Website or provided through our Products and Services;
- that the DR STACY SIMS Content will be free from viruses (including malware or spyware) or other destructive properties; or
- that the operation of the Website will be uninterrupted or error free,
- We do not warrant or guarantee:
and to the fullest extent permitted by law we will not be liable for any loss or damage arising directly or indirectly from the above. You acknowledge that the risk as to the operation and performance of the Website and the accuracy and adequacy of the DR STACY SIMS Content lies with you.
- The Website may contain content that is developed and/or provided by third parties. We:
- do not endorse or warrant any third party content used, displayed or available on the Website; and
- take no responsibility for the third party content and any representations made.
- Indemnity
- 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:
- any transactions with any Third Parties, including Third Party Sites;
- your breach of any of the General Terms and Conditions;
- any reliance by you on DR STACY SIMS Content or any other content on the Website or any link to a third party website or social media page; or
- any technical errors or corruption of data on the Website.
- 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:
- Changes to Website
- We may at any time without notice remove, amend and/or vary any of the DR STACY SIMS Content on the Website or cease operating the Website in whole or in part.
- No Waiver
- No failure or delay by us to exercise any right or remedy provided for under the General 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.
- Assignment
- 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 General Terms and Conditions to any person or party. You may not assign or transfer any of your rights or obligations under these General Terms and Conditions to any other person without obtaining our prior written consent.
- Severability
- If any portion of these General Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.
- Third Parties
- These General Terms and Conditions do not confer a benefit on any person who is not a party to the agreement.
- 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.
- Variation
- No variation of these General 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.
- Definitions
- 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 General 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 General Terms and Conditions, the following words have the meanings set out below:
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:
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- 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.