Annabelle

These terms and conditions, as amended from time to time (Terms and Conditions) are intended to govern the relationship between A M Health Limited, trading as Annabelle Matson (Annabelle Matson, we, us, our) and you, the client (you, your), (together, the Parties) in respect of holistic health coaching (Services). 

By clicking on the link below, you acknowledge that you have read, understand and agree to be bound by the Terms and Conditions.

• DEFINITIONS

“Bill Rate” means in respect of any rate of interest to be calculated pursuant to these Terms and Conditions the mid or “FRA” rate for 90 day bank accepted bills (expressed as a percentage) as quoted on Reuters page BKBM (or any successor page) at or about 10.45am on the first Business Day of the period in respect of which such rate of interest is to be calculated, and thereafter at intervals of 90 days from that Business Day.

“Business Day” means any day other than a Saturday, Sunday, or a statutory public holiday in Christchurch, New Zealand.

“Intellectual Property” means all intellectual and industrial property rights and interests (including common law rights and interests) owned or held by us, or lawfully used by us, including, without limitation:

(a) patents, trade marks, service marks, copyright, registered designs, trade names, symbols, and logos;

(b) patent applications and applications to register trade marks, service marks and designs;

(c) materials and information provided to you as part of the provision of the Services; and

(c) formulae, methods, plans, data, drawings, specifications, characteristics, equipment, designs, inventions, discoveries, improvements, know-how, experience, software products, trade secrets, price lists, costings, brochures and other information used by us.

• PRICE AND PAYMENT
  • GST: All prices in respect of the Services are inclusive of GST where stated
  • Payment: You must pay for all Services provided by us at the time those Services are provided (or such other date as agreed by us in writing) (Due Date).
  • Default interest: If you do not pay any amount payable by you by the Due Date (Overdue Amount), then you shall pay default interest on the Overdue Amount at the Bill Rate plus 2%, calculated on a daily basis from and including the Due Date until the Overdue Amount is paid in full. For the avoidance of doubt, our right to require payment of default interest under this clause does not limit any of our other rights or remedies.
• CANCELLATION POLICY
  • Cancellation: You must provide at least 24 hours’ notice to us if you are unable to attend an appointment (whether such appointment is face-to-face, over the internet or otherwise) (Appointment). In the event that you fail to provide such notice, you will be liable to pay all amounts due by you in respect of that Appointment, irrespective of your non-attendance.
• INTELLECTUAL PROPERTY
  • Ownership: All Intellectual Property provided to you pursuant to the provision of the Services shall be our sole and exclusive property.
  • No rights: Nothing in these Terms and Conditions confers on you any right or interest in, or licence to use, or permit to be used, any of the Intellectual Property except to the extent expressly authorised by us. Without limiting the generality of the foregoing, you may not reproduce, distribute, or sell to any third party, otherwise use the Intellectual Property without our prior written consent.
• CONFIDENTIALITY
  • Confidentiality obligation: Subject to clause 5.2, the Parties shall keep confidential, and make no disclosure of all information obtained from the other party under this agreement or in the course of negotiations in respect of this agreement (Information).
  • Permitted disclosure: Information may be disclosed by a party if:
    • disclosure is required by law; or
    • disclosure is necessary to obtain the benefits of, and fulfil obligations under, these Terms and Conditions; or
    • that Information already is, or becomes, public knowledge other than as a result of a breach of clause 5.1 by that party; or
    • disclosure is made to a bona fide financier or potential financier of that party, or to a bona fide purchaser or potential purchaser of all or part of the business of, or the shares in, that party, so long as:
      • that party has notified the other party of the proposed disclosure; and
      • the person to which disclosure is to be made has entered into a confidentiality agreement in a form reasonably acceptable to the other party; or
    • disclosure is made to a lawyer or accountant for that party.
• PRIVACY
  • Privacy Act: The collection, use, storage and disclosure by us of any personal information about you is subject to the Privacy Act 1993.
  • Use and correction of personal information: Any personal information that we collect about you will only be used for the purposes of providing the Services to you and will be held at our registered office. You have the right under the Privacy Act 1993 to obtain access to, and to request correction of any personal information concerning you held by us.
• LIMITATION OF LIABILITY
  • Monetary limit: Our total liability to you in respect of all claims arising under or in connection with these Terms and Conditions, the Services provided to you or otherwise (including directly or indirectly from any breach by us of these Terms and Conditions or from our negligence or other act or omission), shall be limited to the amount (in aggregate) paid by you to us in respect of the Services provided to you.
  • No consequential loss: At no time shall we, or our directors, officers and employees (Related Parties) be liable to you for any loss of profits, or any consequential, indirect or special loss or damages you suffer, arising directly or indirectly from any breach by us of these Terms and Conditions, the performance of the Services or from our negligence or other act or omission by us.
• INDEMNITY
  • Indemnity: You will at all times indemnify us and our Related Parties, and keep us and our Related Parties indemnified against all costs, loss, liabilities, actions, suits, proceedings, penalties, charges, claims, expenses and demands of any nature whatsoever (including all legal costs on a solicitor client basis) which may be claimed, taken or made against, or incurred by us or our Related Parties arising out of or in connection with these Terms and Conditions or the Services provided by us to you.
• DISCLAIMER
  • Disclaimer: You acknowledge and agree that:
    • We are an educator and holistic health coaching business and are not a licensed medical doctor or primary care provider.
    • Our sole intention is to offer you the general educational information you request. If you choose to use this information to work on yourself then you affirm that the responsibility for that use is solely yours.
    • We will never use information in any way that contradicts, conflicts or opposes a course of treatment recommended by a primary healthcare provider, such as a licensed medical doctor. In the event that you consider that any advice provided by us contradicts or opposes a medical doctor’s treatment or recommendations (Medical Advice), we strongly advise you to follow the Medical Advice.
    • You accept all risk to your health and of injury or death that may result from the provision of the Services.
• TERMINATION
  • Termination by Notice: Either party may terminate these Terms and Conditions and the provision of the Services to you at any time upon written notice to the other. Termination of the Services and these Terms and Conditions does not affect any obligation of you to pay any money owing to us.
• DISPUTES
  • Good faith discussions: Both Parties shall meet to discuss in good faith any disputes between them arising out of or in connection with the Services provided to you, or these Terms and Conditions (including any dispute as to its existence or validity), or relating to any matter which these Terms and Conditions require to be decided by us (Dispute).
  • Mediation: In the event that the Dispute is not resolved by good faith discussions in accordance with clause 11.1, within 20 Business Days of the Dispute arising, then either party may, by written notice to the other, refer the Dispute to mediation by a single mediator nominated by the chairperson, or any other office holder for the time being, of the New Zealand chapter of LEADR. In the event of any such submission to mediation:
    • unless the Parties otherwise agree, the mediation shall take place in Christchurch, New Zealand;
    • the mediator will be deemed to be not acting as an expert or an arbitrator;
    • the mediator will determine the procedure and timetable for the mediation; and
    • the cost of the mediation will be shared equally between the Parties (unless otherwise agreed).
• GENERAL
  • Governing law: These Terms and Conditions and the provision of the Services are governed by the laws of New Zealand and the Parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
  • Amendments: We may amend these Terms and Conditions at any time by written notice to you.
  • Waiver: No failure or forbearance by a party to exercise, or delay in exercising (in whole or in part), any right, power or remedy under, or in connection with, these Terms and Conditions shall operate as a waiver of that right, power or remedy. A waiver of any breach of any provision of these Terms and Conditions shall not be effective unless that waiver is in writing and is signed by the party against whom that waiver is claimed. A waiver of any breach shall not be, or be deemed to be, a waiver of any other or subsequent breach.
  • Severance: If any provision of these Terms and Conditions is or becomes unenforceable, illegal or invalid for any reason it shall be deemed to be severed from these Terms and Conditions without affecting the validity of the remainder of these Terms and Conditions and shall not affect the enforceability, legality, validity or application of any other provision of these Terms and Conditions.