TERMS & CONDITIONS
These terms and conditions (Terms) form the
contract between and you (as a member of our
membership platform and/or user of our services).
1. Terms & Conditions
1.1 These terms and conditions (Terms) govern:
(a) use of the She is Not Your Rehab Limited
(us, our or we) website innerboy.nz and/or
sheisnotyourrehab.com and any other app or
service designed for access by mobile phones
or fixed devices and includes all web pages
controlled by us (Site);
(b) services such as our online courses and
membership services as well as our in-person
services (Services); and
(c) written, video or sound content that is made
available to you from us, either in-person, from
our Site or from third-parties (Content).
1.2 By using our Site, and/or paying for any
Content or Services, you agree to be bound by,
and to abide by these Terms with effect from
the first use of our Site, Content or Services or
the date of payment being received from you by
us (whichever is earlier).
1.3 If you breach these Terms we reserve the right
to terminate your membership and/or licence to
use any Content and cease provision of any
Services and/or access to the Site. Only those
products or services listed in the confirmation e-
mail sent at the time of dispatch will be included
in the contract formed. Any additional order for
Services or Content we offer will be subject to
another contract and these Terms will apply.
1.4 These Terms also incorporate and include the
Privacy Policy available at
www.innerboy.nz/privacy [or sheisnotyour
rehab – no privacy policy there?]
2. Your rights and obligations
2.1 Subject to these Terms, we agree to provide to
you the Content and/or Services as agreed with
you.
2.2 We grant you a licence (which is limited,
revocable, non-exclusive and non-transferable)
to use any Content provided to you for:
(a) for non-commercial purposes;
(b) for your personal use or as part of a
community program approved by us; and
(c) subject to the terms and conditions of any
applicable third party platform used to host
our Site if relevant.
2.3 You agree that you will not copy, reproduce,
distribute, amend in any way or use the Content
other than as set out in these Terms and that
you must not sell, transfer, lease, modify,
distribute or publicly perform the Content
provided to you by us.
2.4 If we give you free access to a Service or
feature on our Site which is normally a paid
Membership only feature, and that Service or
feature is usually subject to additional
contractual terms, you agree that you will abide
by those additional terms in order to gain
access to that feature.
2.5 Any passwords or user IDs used for access to
our Site are for your personal use only and
must not be shared with anyone else. You will
be responsible for the security of your password
and user ID and will notify us immediately if you
become aware of any unauthorised use or other
breach of security.
2.6 You are prohibited from using our Site and/or
Content, in any way that competes with our
business. If you breach this term, we will hold
you responsible for any loss, damage or
expense, howsoever arising, whether direct or
indirect and/ or whether present, unascertained,
future or contingent liability we suffer, and hold
you accountable for any profits that you may
make from non-permitted use.
2.7 You will only use our Services and Content in
accordance with our instructions.
2.8 You will reframe from uploading onto the Site
any material which infringes the intellectual
property rights of any person, or is unlawful.
3. Our rights and obligations
3.1 Unless otherwise indicated, we own or licence
all rights, title and interest (including intellectual
property rights) in our Site, Services and
Content. Your use of our Site to participate in
our online course and/or digital products, and
your use of and access to any Content does not
grant or transfer to you any rights, title or
interest in relation to our Site or Content.
3.2 We may, at any time and without notice to you,
discontinue our Site or provision of our Services
in whole or in part. We may also exclude any
person from using our Site, Services and/our
Content, at any time at our sole discretion. We
are not responsible for any liability you may
suffer arising from or in connection with any
such discontinuance or exclusion.
3.3 If you are in breach of any term of this
agreement, we may:
(a) publish all information relating to the
claimed breach, including your name and
email address and all correspondence
between us and our respective advisers,
and you now irrevocably give your consent
to such publication;
(b) terminate your account and refuse access
to our Site;
(c) remove or edit Content, or cancel any
order at our discretion;
(d) issue a claim in any court.
4. Pricing and Payment
4.1 The Price of our Content and Services is listed
on our Site at the time of purchase or as
otherwise provided to you in writing. We try and
ensure that all details, descriptions and prices
that appear on our Site are accurate, but please
note that errors may occur. Where we become
aware of any such error we will endeavour to
correct it as soon as we are reasonably able.
4.2 Payment must be made by the method you
choose from our Site (Payment). Payment may
be subject to additional fees, terms and
conditions imposed by the third party payment
processor we use (if applicable). Where a third
party payment processor is used for Payment,
please review the relevant fees and terms of
that processer before choosing your payment
method. You will be charged in New Zealand
dollars unless advised otherwise and where
applicable, Goods and Services Tax (GST) will
be added to the price.
4.3 Refunds are not available for Content or
courses that are accessed or downloaded from
us.
4.4 If you have subscribed to our membership site
or program all subscription plans will
automatically renew each month unless
cancelled by email to us with one months’
notice in advance.
5. Use and Delivery of Content to you
5.1 In order to subscribe to use the Content, you
will need to register as a user and create an
account (Account).
5.2 Creating an Account is limited to those over the
age of sixteen (16) years. If you are under the
age of sixteen years, you can only create an
account with the permission of your parent or
legal guardian which must be emailed to us.
5.3 All electronic Content will be provided to you by
email or other form of digital download,
including but not limited to streaming them from
a third party platform. You acknowledge and
agree that any use of a third party platform
means you will be subject to the terms and
conditions of that platform as well as these
online purchase terms and conditions.
5.4 Online Content will only be available to you for
from the date of purchase until such time as
specified by us. Where there is a downloadable
document that comes with a course that
includes the basic information which can serve
as a reminder of the Content. Please ensure
that you download the document before access
expires or is no longer available. For the
avoidance of doubt, where lifetime access is
provided to Online Content, this access is only
available while we continue to trade.
5.5 We will ship any physical products purchased
from us via a third party carrier to the address
you nominate at checkout using a third-party
courier. If you provide an incorrect delivery
address or you are not present to accept
delivery of your Order after a number of
attempts have been made to deliver your Order,
we may cancel your Order and provide you with
a refund.
5.6 While we do everything we can to ensure any
physical products are delivered in a timely
manner, we will not be liable for any loss or
damage incurred by any person as a result of
delay caused by our carrier that we have no
control over or by any event which is out of our
reasonable control or foresight including but not
limited to any delay caused by an incorrect
delivery address being provided to us. For non-
delivery of physical products, please notify us
by email as soon as possible.
6. Limitation on claims
6.1 We have no liability to the extent that a failure
of the Content or other product or Services you
purchase from us caused by any act or
omission on your part.
6.2 Our liability for failure to comply with a
consumer guarantee under the New Zealand
Consumer Guarantees Act is limited to:
(a) in the case of goods supplied by us, the
replacement of the goods or the supply of
equivalent goods (or the payment of the
cost of the replacement or supply), or the
repair of the goods (or the payment of the
cost of the repair); and
(b) in the case of services supplied by us, the
supply of the services again.
6.3 Subject to the preceding paragraphs, no
attempt is made to exclude or limit liability
arising under the New Zealand Consumer
Guarantees Act to the extent that there is a
statutory restriction on such exclusion or
limitation. In all other respects, our total liability
for loss or damage of every kind, whether
arising pursuant to the Contract or these terms
of service or arising in any other way out of or in
relation to the supply of the goods, their sale,
delivery or the way they behave, and whether in
tort or contract or in any other cause of action,
is limited to an amount equivalent to the sum
paid by you to us for the goods.
6.4 Our total liability to you, for any one event or
series of related events, and whether in
contract, tort, negligence, breach of statutory
duty or otherwise, shall be limited to the amount
of your monthly Membership fee or payment for
the relevant Content.
6.5 Neither party shall be liable to the other in any
possible way, for any loss or expense which is:
(a) indirect or consequential loss; or
(b) economic loss or other loss of turnover,
profits, business or goodwill.
6.6 This clause (and any other clause which
excludes or restricts our liability) applies to our
directors, officers, employees, subcontractors,
agents and affiliated companies as well as to
us.
6.7 You agree to indemnify us against any loss,
damage or liability, suffered by us at any time
and arising out of:
(a) any act, neglect or default of yours in
connection with this agreement or your use
of the Services;
(b) your breach of this agreement;
(c) your failure to comply with any law;
(d) a contractual claim arising from your use of
the Services.
7. No guarantee
7.1 While every effort has been made to accurately
represent the courses we offer and the likely
outcome, there is no guarantee that you will
achieve the results that you may expect. In this
regard, your level of success in completing any
course offered by us will depend on the time
you devote to the program and other external
factors.
7.2 Since these factors differ according to different
individuals we cannot guarantee your success
or any particular outcome or other external
outcomes.
7.3 You enter into any course or program of study
we offer on this basis.
8. Disclaimer
8.1 You acknowledge and agree to proceed on the
basis that:
(a) the information provided on our Site, in our
courses and in our Content is compiled
from our experience and is provided in
good faith; and
(b) we make no guarantees as to the likely
outcomes or otherwise of participating in
any course or using any Content offered by
us.
8.2 You warrant that you have not relied on any
testimonials published by us as a reliance to
purchase any course of Content, Services or
otherwise purchase anything we offer and
undertake that you will use our Content and/or
enter into any course on that basis and hold us
harmless if you do not achieve the results you
desire.
8.3 The law differs from one country to another.
This paragraph applies so far as the applicable
law allows.
8.4 All implied conditions, warranties and terms are
excluded from this agreement. If in any
jurisdiction an implied condition, warrant or term
cannot be excluded, then this sub paragraph
shall be deemed to be reduced in effect, only to
the extent necessary to release that specific
condition, warranty or term.
8.5 The Site, Content and our Membership and
Services are provided “as is”. We make no
representation or warranty that the Site,
Content, Membership or Services will be:
(a) useful to you;
(b) of satisfactory quality;
(c) fit for a particular purpose;
(d) available or accessible, without
interruption, or without error;
(e) your use of the Content, Membership
Services and/or the Site, or the exercise of
any right granted under this agreement will
infringe any other intellectual property or
other rights of any other person.
8.6 Our Site may contain links to other third party
Internet websites (Third Party Sites). We do
not have power or control over any Third Party
Sites and you acknowledge and agree that we
shall not be liable in any way for the Content of
any such linked website, nor for any loss or
damage arising from your use of any such
website.
8.7 In using our Site or Content you will be
responsible for your internet security and
passwords and we shall not be liable for any
loss or damage arising from your failure to keep
this information confidential and secure.
9. Miscellaneous Matters
9.1 The above terms set out these Terms constitute
the entire agreement of the parties and
supersede any and all preceding and
contemporaneous agreements between you
and us.
9.2 We may modify these Terms from time to time
by posting the amended Terms on our Site. By
continuing to use the Site and any associated
third-party platform hosting our Content after
such modification, you agree to the amended
terms. If you do not agree to the modifications,
you must terminate your account with our Site
and any other associated third-party platform
hosting our Content.
9.3 If any term or provision of this agreement is at
any time held by any jurisdiction to be void,
invalid or unenforceable, then it shall be treated
as changed or reduced, only to the extent
minimally necessary to bring it within the laws
of that jurisdiction and to prevent it from being
void and it shall be binding in that changed or
reduced form. Subject to that, each provision
shall be interpreted as severable and shall not
in any way affect any other of these terms.
9.4 The rights and obligations of the parties set out
in this agreement shall pass to any permitted
successor in title.
9.5 Any obligation in this agreement intended to
continue to have effect after termination or
completion shall so continue.
9.6 No failure or delay by any party to exercise any
right, power or remedy will operate as a waiver
of it nor indicate any intention to reduce that or
any other right in the future.
9.7 Any communication to be served on either of
the parties by the other shall be delivered by
hand or sent by express post or recorded
delivery or by e-mail. It shall be deemed to have
been delivered:
(a) if delivered by hand: on the day of delivery;
(b) if sent by post to the correct address:
within 24 hours of recorded delivery;
(c) if sent by e-mail to the address from which
the receiving party has last sent e-mail:
within 24 hours if the sender has received
no notice of non-receipt.
9.8 In the event of a dispute between the parties to
this agreement, then they undertake to attempt
to settle the dispute by engaging in good faith
with the other in a process of mediation before
commencing arbitration or litigation.
9.9 So far as the law permits, and unless otherwise
stated, this agreement does not give any right
to any third party.
9.10 Neither party shall be liable for any failure or
delay in performance of this agreement that is
caused by circumstances beyond its
reasonable control.
9.11 The laws in force in New Zealand govern these
Terms. You agree to submit to and be bound by
the exclusive jurisdiction of the New Zealand
courts.