Terms and conditions

Limitation of Liability and Warranties

1.Warranties

Please note the following disclaimers of warranties:

Subject to the rights you may have under the New Zealand Consumer Guarantees Act 1993, if any, the products and services (the products) on this website are provided “as is” and without warranties of any kind, either express or implied. Subject to the rights you may have under the New Zealand Consumer Guarantees Act 1993, if any, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility security, accuracy or non-infringement.

Pure Lifestyle Ltd nor any of their licensees, service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the other servers that make this website available are free of viruses or other harmful components.

Subject to the rights you may have under the New Zealand Consumer Guarantees Act 1993, if any, any product downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product.

Subject to the rights you may have under the New Zealand Consumer Guarantees Act 1993, if any, Pure Lifestyle Ltd nor any of our licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products in this website in terms of their correctness, accuracy, reliability or otherwise.

Subject to the rights you may have under the New Zealand Consumer Guarantees Act 1993, if any, no advice or information, obtained by you from our personnel or through this website shall create any warranty not expressly provided for in this agreement.

2.Limitation of Liability

Subject to the rights you may have under the New Zealand Consumer Guarantees Act 1993, if any, you expressly understand and agree that we and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, or for any other damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from: (A) The use or the inability to use this website (including, without limitation, the products); (B) The use of any content or other material on this website or any website or websites linked to this website; (C) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website; (D) Unauthorised access to or alteration of your transmissions or data: (E) Statements or conduct of any third party on our website; or (F) Any other matter relating to our website. Where your loss is not or cannot by law be excluded by this agreement then (subject to the rights you may have under the New Zealand Consumer Guarantees Act 1993, if any):

a. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing our website and our products: and

b. Our liability in relation to any loss or damage directly or indirectly related to any warranty or condition which is note excluded by this agreement is limited to, at our election:

1. In the case of goods, any one or more of the following: (A) The replacement of the goods or the supply of equivalent goods; (B) The repair of the goods; (C) The payment of the cost of replacing the goods or of acquiring equivalent goods; or (D) The payment of the cost of having the goods repaired; or

2. In the case of services: (A) The supplying of the services again; or (B) The payment of the cost of having the services supplied again.

If you are dissatisfied with any portion of our website or any of our products, or with any of the terms of this agreement, your sole and exclusive remedy (subject to the rights you may have under the New Zealand Consumer Guarantees Act 1993, if any) is the discontinuation of your use of this website and our products. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.

3.Indemnification

You agree to indemnify, hold harmless and, at our opinion, defend us and our Affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our products, your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

4.Health Disclaimer

This Website and our Products provide weight loss management and information applications and content published over the Internet and are intended only to assist users in their personal weight loss efforts. Pure Lifestyle Ltd. is not a medical organisation and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute or medical consultation, evaluation, or treatment by a qualified doctor.

You are urged and advised to seek the advice of a medical doctor before beginning any weight loss effort or regime. The Website is not intended for use by children, or pregnant women. Individuals needing medical advice are warned to seek medical advice prior to initiating any firm of weight loss effort or regimen.

4.Business trading Name

For any products or services purchased the name that will appear on your statement will be Purelifestyle Ltd.

5.Refund Policy

If you are not 100% satisfied with your purchase, you can either return your order for a full refund or exchange it for something else. You can return or exchange your purchase for up to 7 days from the purchase date. Returned or exchanged products must be in the condition you received them and in the original box and/or packaging.

If you wish to make a complaint, you should contact us by mail, email, or telephone at the contact details. We will take such steps as are reasonable to investigate complaints, within a reasonable time of such complaint being received by us. We will give you a written notice of the investigations, which have been carried out, and the outcome of your complaint.

3. Currency

All prices stated on the current website are denominated in New Zealand Dollars (NZDD) and all orders are processed in New Zealand Dollars (NZD). Your bank may charge you a fee to transact in NZD, please refer to your bank terms and conditions for more information.