Terms of Use

1. Acceptance of Terms

By accessing or using the website located at refreshactive.world ("Website") or engaging with any services offered by Refreshactive ("Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree with any part of these Terms, you must discontinue use of the Website and Services immediately.

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and Refreshactive ("Company", "we", "us", or "our"). We reserve the right to modify these Terms at any time, and your continued use of the Website following any changes constitutes acceptance of the revised Terms.

2. Description of Services

Refreshactive provides educational food balance consultation services. Our Services include one-on-one consultations, group workshops, personalised educational meal plans, and related informational content delivered through our Website.

All content and Services provided by Refreshactive are for general informational and educational purposes only. Our Services do not constitute medical advice, clinical nutrition therapy, dietary treatment for medical conditions, or any form of healthcare service. We are not a licensed medical facility, and our consultants are not medical practitioners unless individually stated otherwise.

You acknowledge that any dietary changes you make based on our educational guidance are undertaken at your own discretion. We strongly recommend consulting a qualified healthcare professional before making significant changes to your diet, particularly if you have existing health conditions, food allergies, or are taking medications.

3. Eligibility

To use our Website and Services, you must be at least 16 years of age. If you are under 18, you may use our Services only with the involvement and consent of a parent or legal guardian. By using our Services, you represent and warrant that you meet these eligibility requirements.

Our Services are available to residents of New Zealand and international clients. Certain Services may be subject to local regulations in your jurisdiction. It is your responsibility to ensure that your use of our Services complies with applicable local laws.

4. User Accounts and Registration

Certain features of our Services may require you to provide personal information through our contact form or during the consultation booking process. You agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy.

You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You must notify us immediately at hello@refreshactive.world if you become aware of any unauthorised use of your account or any other security breach.

5. Acceptable Use

When using our Website and Services, you agree not to:

• Use the Website for any unlawful purpose or in violation of any applicable local, national, or international law
• Attempt to gain unauthorised access to any portion of the Website, other accounts, or computer systems connected to the Website
• Transmit any viruses, malware, or other harmful code through the Website
• Interfere with or disrupt the integrity or performance of the Website or Services
• Collect or harvest personal information of other users without their consent
• Reproduce, duplicate, copy, sell, or exploit any portion of the Website or Services without our express written permission
• Misrepresent your identity or affiliation with any person or entity
• Use automated systems including bots, scrapers, or crawlers to access the Website without our prior written consent
• Submit false, misleading, or fraudulent information through our contact form or during consultations

We reserve the right to suspend or terminate your access to the Website and Services if we determine, in our sole discretion, that you have violated these acceptable use provisions.

6. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Refreshactive or its content suppliers and is protected by New Zealand and international copyright, trademark, and intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use the Website content for personal, non-commercial purposes. This licence does not include the right to modify, reproduce, distribute, create derivative works from, publicly display, or commercially exploit any Website content without our prior written consent.

Educational materials provided during consultations, including personalised meal plans and guidance documents, are licensed to you for personal use only. You may not redistribute, publish, or sell these materials without our express written permission.

7. Payment and Pricing

Fees for consultation Services are communicated to you before booking. All prices are quoted in New Zealand Dollars (NZD) unless otherwise stated. Payment is required at the time of booking unless alternative arrangements have been agreed in writing.

We reserve the right to change our pricing at any time. Price changes do not affect bookings that have already been confirmed and paid. Applicable taxes, including GST where required, are included in or added to the stated price as indicated at the time of purchase.

For details on cancellations and refunds, please refer to our Refund Policy.

8. Consultation Sessions

Consultation sessions are scheduled by mutual agreement between you and our team. You are expected to arrive on time for in-person sessions or connect promptly for online sessions. Late arrivals may result in a shortened session without adjustment to the fee.

Cancellations made at least 48 hours before a scheduled session may be rescheduled without penalty. Cancellations made within 48 hours of the scheduled session may be subject to a cancellation fee as outlined in our Refund Policy.

We reserve the right to cancel or reschedule sessions due to unforeseen circumstances, including consultant illness or technical difficulties. In such cases, we will offer an alternative session time or a full refund at your discretion.

9. Disclaimer of Warranties

The Website and Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, Refreshactive disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that the educational information provided through our Services will produce any specific outcome or result for any individual user.

General nutritional information shared during consultations is based on widely accepted dietary principles and our consultants' professional experience in food education. Individual responses to dietary changes vary, and we make no representations about specific outcomes.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Refreshactive, its directors, employees, consultants, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Website or Services, including but not limited to loss of profits, data, goodwill, or other intangible losses.

Our total aggregate liability for any claims arising under these Terms shall not exceed the amount you paid to us for Services in the twelve months preceding the claim. This limitation applies regardless of the theory of liability, whether based on contract, tort, negligence, strict liability, or otherwise.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

11. Indemnification

You agree to indemnify, defend, and hold harmless Refreshactive and its officers, directors, employees, consultants, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from your use of the Website or Services, your violation of these Terms, or your violation of any rights of a third party.

12. Privacy

Your use of the Website and Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our Website, you consent to the data practices described in the Privacy Policy.

Our use of cookies and tracking technologies is described in our Cookie Policy.

13. Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by Refreshactive. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You access third-party links at your own risk.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles. Any disputes arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of New Zealand.

Before initiating formal legal proceedings, you agree to contact us at hello@refreshactive.world to attempt to resolve the dispute informally. We will make reasonable efforts to address your concerns within 30 days of receiving your written complaint.

If you are a consumer in the European Union, you may also be entitled to use the European Commission's Online Dispute Resolution platform. Nothing in these Terms affects your statutory rights as a consumer under applicable law.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and Refund Policy, constitute the entire agreement between you and Refreshactive regarding your use of the Website and Services. They supersede all prior agreements, understandings, and communications, whether written or oral.

17. Contact Information

For questions or concerns regarding these Terms of Use, please contact us:

Refreshactive
233A Riverside Drive, Waterloo, Lower Hutt 5011, New Zealand
Email: hello@refreshactive.world
Phone: +64 22 037 1344