1. Parties and acceptance
These Terms of Use (“Terms”) form a binding agreement between you and Lovelyneckalive (“we”, “us”, “our”). You accept these Terms by browsing our website if you are only viewing public pages, and additionally by creating an account (if offered), purchasing services, submitting forms, or attending consultations.
If you use our services on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case “you” includes the entity.
2. Services description
We provide nutrition education, coaching-style consulting, and related informational resources. Unless expressly stated in a separate clinical agreement, we are not a medical clinic, hospital, or diagnostic service. Program descriptions on our website or in proposals are summaries only; specific deliverables are defined in the order confirmation or statement of work you accept.
We may modify, retire, or add features over time to reflect best practices, regulatory guidance, or operational constraints. Where a change materially affects an active paid engagement, we will provide reasonable notice and remediation options.
3. Eligibility
You must be at least 18 years old to purchase services or submit personal data through our site. If you are between 16 and 18, you may only participate with verifiable parental or guardian consent where local law allows. We may request proof of age or authority.
4. No medical advice; emergency disclaimer
Important: Content on this website, in emails, in downloadable materials, or discussed during consultations is for general educational purposes only. It is not medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional regarding symptoms, medications, supplements, or before making significant dietary changes—especially if you are pregnant, nursing, have an eating disorder history, diabetes, renal disease, food allergies, or other medical conditions.
If you experience a possible medical emergency, call your local emergency number immediately.
5. Your account and security
If we give you credentials for a client portal or resource library, you must keep passwords confidential, not share access with unauthorised persons, and notify us of suspected compromise. You are responsible for activity under your account until you inform us and we have reasonable time to suspend access.
6. Acceptable use
You agree not to:
- Use our website or sessions to harass, defraud, or harm anyone.
- Upload malware, attempt unauthorised access, probe vulnerabilities, or overload our infrastructure.
- Scrape, mirror, or systematically harvest data except with our prior written consent or as permitted by law.
- Misrepresent your identity or affiliation.
- Record video or audio sessions without all participants’ consent where recordings are not offered by us as part of the service.
- Use our brand, logos, or trade dress in a way that implies endorsement without permission.
We may suspend access—temporarily or permanently—if we reasonably suspect violations.
7. Intellectual property
Except for content you supply, all materials on or delivered through our services—including text, visuals, templates, curriculum, trademarks, and compilations—are owned by us or our licensors. Subject to these Terms and any licence in your order, we grant you a limited, non-exclusive, non-transferable licence to use materials for your personal or internal business learning without redistribution, resale, or public performance (except within your household or team as expressly permitted).
You may not remove proprietary notices, register our marks, or create confusingly similar branding.
8. User content and feedback
If you upload documents, comments, or other content (“User Content”), you warrant that you have the rights to do so and that it does not infringe third-party rights or contain unlawful material. You grant us a licence to host, process, and display User Content solely to deliver the services. Anonymous, aggregated learnings derived from User Content may be used to improve our programmes provided individuals are not identifiable.
If you provide suggestions or feedback, we may use it without obligation to compensate you.
9. Fees, taxes, and payment
Fees are stated in NZD unless another currency is explicitly agreed. You are responsible for any applicable taxes, duties, or banking fees. Late payments may incur interest or suspension of services as stated on your invoice.
Refund rights are governed by our Refund & Returns Policy and mandatory consumer laws.
10. Confidentiality
We treat non-public business information you share in consulting contexts as confidential, except where disclosure is required by law or professional reporting obligations, or where information is already public through no fault of ours. You agree not to disclose our proprietary methodologies, pricing lists marked confidential, or other participants’ personal stories shared in group settings.
11. Third-party links and tools
Reference links (for example to government dietary guidance) are for convenience. We are not responsible for third-party accuracy or policies.
12. Disclaimer of warranties
To the maximum extent permitted by law, our website and services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. We do not guarantee specific health outcomes.
13. Limitation of liability
To the fullest extent permitted by New Zealand law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or business interruption arising from these Terms or the services.
Our aggregate liability for any claim relating to services purchased in the 12 months before the event giving rise to liability shall not exceed the greater of (a) the fees you paid for those specific services, or (b) NZD $100, except where liability cannot be limited (e.g. death or personal injury caused by negligence, fraud, or other non-excludable liability).
14. Indemnity
You will defend and indemnify us against third-party claims, losses, and costs (including reasonable legal fees) arising from your User Content, misuse of the services, breach of these Terms, or violation of law.
15. Force majeure
Neither party is liable for delays or failures caused by events beyond reasonable control—including natural disasters, war, strikes, internet outages, or pandemic-related restrictions—provided the affected party uses commercially reasonable efforts to mitigate.
16. Term and termination
These Terms commence when you first use the site and continue until terminated. We may terminate or suspend access immediately for serious breaches. You may stop using the site at any time; specific paid engagements terminate according to their schedules. Sections intended to survive—such as intellectual property, disclaimers, limitations, indemnity, and governing law—remain in effect.
17. Assignment
You may not assign or transfer these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets with notice where required.
18. Entire agreement; severability
These Terms and referenced policies constitute the entire agreement regarding the subject matter and supersede prior oral or written understandings on the same topic for consumers and small businesses, subject to non-waivable statutory rights. If a provision is unenforceable, the remainder stays in effect with a valid substitute closest to the original intent.
19. Waiver
Our failure to enforce a provision is not a waiver of future enforcement.
20. Dispute resolution and governing law
These Terms are governed by the laws of New Zealand, without regard to conflict-of-law rules. Courts in New Zealand have non-exclusive jurisdiction, except that consumers may also have rights to sue in their home courts where mandated.
Before filing a claim, you agree to contact us to attempt good-faith resolution within 30 days.
21. Electronic communications
You consent to receive notices electronically (email, on-site messages). It is your responsibility to maintain accurate contact details.
22. Changes to these Terms
We may update these Terms to reflect new features or legal requirements. The Last updated line shows today’s date when this page is displayed in your browser; continued use after changes are posted constitutes acceptance unless we are required to obtain separate consent under law.
23. Contact
Lovelyneckalive
Address: 35 Queen Street, Upper Hutt Central, Upper Hutt 5018, New Zealand
Phone: +64 4 528 5858
Email: service@lovelyneckalive.world