1.1 When you:
- access and continue to access this website (including all pages and information on this website) (this “Website”); and/or
- obtain services or purchase products from us, you are deemed to have accepted, and agree to be bound by, these terms and conditions (the “Legal Disclaimer”) effective on and from the date that you access our Website or submit an order form to obtain our services or purchase our products.
1.2 You must read the following terms and conditions
(“Legal Disclaimer”)carefully before indicating your acceptance at the end by clicking on the “I Accept” button. If you do not agree to the terms and conditions of this Legal Disclaimer, click the “I Do Not Accept” button at the end and you will not be permitted to access and use the Website and our Services and Products.
2. GENERAL LIMITATION
2.1 Medical Consultation
As with any lifestyle change program where changes are made to nutrition and physical activity, it is important to consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you.
The information contained on the My Menopause Transformation (referred to as “MyMT™”, “us”, “we” or “ours”) Website is not intended to provide medical advice or to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purpose. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. If you believe you may be suffering from any medical condition you should immediately seek medical attention. You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our Website.
3. NUTRITIONAL INFORMATION
Nutritional information provided on the Website is taken from sources provided by third parties. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this nutritional information for your purposes, and if necessary consider the need to obtain appropriate expert nutritional advice relevant to your circumstances.
4. EXERCISE INFORMATION AND ACTIVITIES
Before relying on the information on our Website, we strongly recommend that you carefully evaluate the accuracy and relevance of that information to you. We use the approved Physical Activity Readiness Questionnaire (Par-Q) recommended by the New Zealand Register of Exercise Professionals (REPs). These documents have been medically approved and verified by the Exercise Association of New Zealand. You will be required to complete this documentation when registering for our program.
All exercise programs may have some degree of risk for any participant. If you have a pre-existing medical condition, are in poor health, or have any concerns as to commencement of a new exercise regime you should consult with an appropriate healthcare professional before beginning any of exercise programs.
4.3 Excluded Participants
a) Our exercise programs are not intended for any other category of special populations including:
- pregnant women and women who are breastfeeding or who are trying to conceive a child;
- persons suffering from cancer or other long term illness;
- persons with late-stage liver disease, kidney disease, or renal failure;
- persons with diagnosed eating disorders;
- elderly persons who are over the age of 70 years;
- persons with a body mass index under 15; or
- persons with a history of cardiac complications.
b) If you do not meet the requirements of the REPs Pre-exercise Screening Criteria you must have medical clearance to participate in our program. If you:
- have type 1 or 2 diabetes;
- have any medical or musculo-skeletal complications arising from obesity (BMI greater than 25);
- stage 2 and 3 hypertension; or
- have been diagnosed with epilepsy or medically diagnosed respiratory problems (e.g. asthma, bronchiectasis and emphysema), then you are unlikely to be suitable to participate in a program.
4.4 Exercise Program
The exercise program we provide is an information service only, and you are responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide. We do not supervise or monitor your exercise activities, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime.
4.5 Acknowledgement of Risk
You acknowledge that your participation may involve risks. Prior to your participation, you must assess all the risks involved and you assume all risks in connection with your participation in the exercise activities that we may suggest.
5. NO WARRANTY AND LIMITATION OF LIABILITY
5.1 No Warranty
- The information provided on our Website is provided on an “as is” basis and is for general purposes only, and is always subject to the medical or dietary advice obtained from your doctor or dietitian. In particular, the information we provide is not intended for individuals with health issues requiring professional medical treatment or therapy.
- To the fullest extent permitted by law, we do not make any representation or warranty of any kind, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, satisfactory quality or fitness for a particular purpose.
- While we endeavour to keep the information on our Website current, we make no representations or warranties of any kind (whether express or implied):
- that the information on our Website:
- will be complete, accurate, reliable, timely, or non-infringing to third parties; or
- will be uninterrupted or error-free; or
- will be secure; and
- that any advice or opinion obtained from us through our Website or otherwise will be accurate or able to be relied upon.
5.2 Limitation of Liability
- We (including our affiliates, officers, directors, employees, shareholders or agents) will not have any liability to you for damages or loss of any kind, including without limitation any special or punitive, incidental, indirect or direct, or consequential damages including loss of profit or loss of opportunity, costs, losses or liabilities, however, arising for or out of:
- your access to, inability to use or change in the content of our Website or arising from any other web site you access through a link on our Website; or
- any actions we take or fail to take as a result of any communication with us, whether or not advised of the possibility of such losses or damages.
- Our overall limitation of liability for losses or damages arising out of your use of access of our Website or information or advice obtained on or through our Website is limited to the amount paid by you to us.
5.3 Website Content
We (and any other party involved in creating, producing or delivering the Website or the program) will have no responsibility to maintain the information on the Website or to supply any corrections, updates, or releases in connection the Website. Any material on the Website is subject to change without notice or otherwise in accordance with the terms and conditions (if any) applicable to the material.
5.4 Computer Damage
We will not be liable or responsible for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any information on our Website or third party links.
To the maximum extent permitted by law, you expressly waive all claims against us and our affiliates (including the respective officers, directors, employees, suppliers and programmers) that may arise from your use or access of the Website.
5.6 Third Parties
You also agree not to provide the information on our Website to a third party, as that third party may not have read this disclaimer. If you do provide that information to a third party, you agree that you will indemnify us and defend us against any claims for damages by that or any other third party receiving that information.
This Website is governed by, and is to be interpreted in accordance with, New Zealand law and any disputes between relating to this Website will be resolved by the New Zealand courts. To the fullest extent permitted by law, we exclude any responsibility for any failure of this Website to comply with the laws of any other country.