1. By agreeing to subscribe to Recal you are deemed to have entered into an agreement with Recal Limited. That agreement consists of the terms and conditions below (“Terms”) and the following (together the “Agreement”):
a. Your health acknowledgement
b. Our Website Terms and Conditions
2. Definitions: In these Terms:
“Recal” means the metabolic health system
“Loss” includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
“Services” means services we provide to you as part of your Recal subscription
“Terms” means these terms and conditions titled Recal Subscription Terms and Conditions
References to “you” are to the person named in the Recal subscription application
References to “we”, “us” or “our” means Recal Limited
3. Interpretation: In these Terms
“including” and similar words do not imply any limit references to dollars or $ are to New Zealand currency
In the event of a conflict or inconsistency between these Terms and the Website Terms and Conditions, these Terms will prevail to the extent necessary to address the conflict or inconsistency.
4. Health Considerations
We provide assistance to help you to improve your metabolic health and general well being. We and our personnel are not healthcare professionals so we do not provide diagnosis or treatment for medical conditions. It is important that before you commence any health programme, including Recal, that you consult your doctor or other healthcare professional to ensure that the programme is appropriate for you, after taking into account your health and circumstances.
5. We strongly recommend that you seek that advice before starting any of our programmes, including if you:
are pregnant, breastfeeding or are trying to conceive;
have any medical or physical condition such as:
cancer or other long term illness;
liver disease, kidney disease, or renal failure,
persons with diabetes, blood pressure or cholesterol issues;
do not have a moderate level of existing fitness
have recently recovered from illness or injury; or
6. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by us.
Your Warranties and Acknowledgement
7. You warrant and represent that:
You have consulted with, or will consult with, your doctor or other healthcare professional before using Recal;
The information you have provided to us is true, current and complete in respect of all matters we ask you about, including about your health status and concerns;
You will advise us immediately if any information you provided has changed or if there is any new information we should know about; and
You will stop using Recal and immediately consult your doctor or other healthcare professional if there are any changes to your medical or physical condition at any time.
8. You agree and acknowledge that:
our Services do not include any supervision or monitoring of your activities except where we expressly state otherwise;
your participation in the recreational services and activities is voluntary and may involve risks, including personal injury and death;
we are not responsible for any injuries that you may suffer as a result of following any exercise or nutrition programme or regime we provide or suggest;
prior to participating in the recreational services and activities, you will assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, other people and the physical environment;
you assume all risks in connection with your participation in any recreational services and activities that we may provide; and
access to any specific trainer mentioned in the Website, including Jay Harrison, in person, or online is not guaranteed.
Our Products and Services
9. All information provided by us on the Website is from sources that we believe to be correct and up to date as at the date of publication. However, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete.
10. While we use our reasonable endeavours to provide appropriate Services we cannot guarantee that any particular outcome can be achieved, reflecting that a number of factors will affect the outcome including those over which we have little or no control.
11. Certain products or Services may be available exclusively online through the Website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
12. We reserve the right, but are not obliged, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or Services that we offer.
13. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on the Website is void where prohibited.
14. Our Website and Services may provide recommendations and test results based on the information that you provide. These recommendations and test results generated by the Website are generic automated responses that are pre-programmed, and they do not take into account any other factors that may be relevant to you. They are provided for your general information purposes only, and are not medical or professional opinion or advice.
15. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Fees and Payment
16. The fees, prices and charges for our Services and products are those set out in the Agreement and on our Website.
17. You must pay the fees, prices and charges for the Services and products to us in advance and pay all overdue amounts immediately on demand. You must pay for all products before they are purchased.
18. Without limiting any of our other rights or remedies, we may suspend provision of the Services and/or supply of products if any amount due from you to us is overdue.
19. Except where expressly stated otherwise by us, you are responsible for all costs and charges you incur in connection with accessing and using the Services, including the costs of food, equipment and advice.
20. We may vary our fees, prices and charges for the Services and products from time to time by notice on the Website. You may terminate this Agreement without penalty if you do not wish to pay any increased fees or charges.
21. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
22. If you have chosen to pay the subscription fee in installments, you acknowledge that your account will continue to be debited until the end of the subscribed term.
23. Our fees, prices and other charges are GST inclusive.
24. Subject to our obligations under the Consumer Guarantees Act, all fees for the Services are non-refundable provided that we may refund fees at our discretion where you are not able to access the Services for more than 7 days despite making reasonable efforts to do so and because of reasons outside of your reasonable control. If you would like a refund in those circumstances a pro rata refund may be granted upon written request by email at email@example.com. To the extent permitted by law, you must bear any expenses that you may incur in connection with your request for such a refund.
25. Upon receipt of a refund your agreement with us will terminate and we will cancel your account. You agree that a refund is your sole remedy in these circumstances, other than any rights that may be available to you under the Consumers Guarantees Act.
26. You may terminate this Agreement at any time but you will not be entitled to a refund of any fees paid prior to termination except to the extent expressly provided in this Agreement.
27. We may in our sole and absolute discretion (but subject to our obligations at law) refuse subscription, or suspend or terminate subscription at any time and for any reason.
28. The Consumer Guarantees Act applies to this Agreement and no provision in this Agreement is intended to have the effect of contracting out of our obligations under that Act, except to the extent we are permitted to do so by law. The Agreement is deemed to be amended to the extent necessary to comply with our obligations under the Act.
29. Without limiting clause 33, to the extent permitted by law (and without limiting our obligations under the Consumer Guarantees Act):
a. Our total aggregate liability to you for all Loss you suffer or incur in connection with the Services or products will be limited to the fees, price and/or charges you have paid;
b. We will not be liable for any indirect, consequential or incidental Loss arising under or in connection with the Agreement; and
c. We will not be liable for any delay in performing, or failing to perform, any of our obligations under this Agreement to the extent caused by an event that is beyond our reasonable control, or for any failure by you to comply with your obligations.
30. To the extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for:
Physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
The contraction, aggravation or acceleration of a disease; and
The coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
that is or may be harmful or disadvantageous to you or the community; or
that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities,
Third Party Content
31. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or Services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
32. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Program Administrator at firstname.lastname@example.org. We may investigate the claim and take appropriate action, in our sole discretion.
33. Members, customers and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, or its associated forums, without written consent from us. If, in our opinion, members, customers or third parties are engaged in advertising, promotion or providing advice to other participants of the Website, then we reserve the right to suspend or terminate the Agreement with that person or to ban any third party from participating on the Website.
34. The Website may allow you to post information, photos, content, user submissions and/or upload materials to the Website (including features such as live chat and forums), whether through external websites or otherwise (“User Content”) and may also allow you to see User Content submitted by other persons.
35. The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your User Content (“Access Controls”). We will use our best endeavours to ensure that the Website properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose).
36. Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any User Content. In particular, you should be aware that, if your User Content is downloaded by any other person (including other users of the Website) (whether authorised or not), then neither we nor you may be able to control the further disclosure and publication of that User Content.
37. By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website:
You warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website;
You grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);
You must ensure, and warrant, that your User Content, and the licence that you grant to us do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us (to the extent permitted by law) against any third party claims arising from your use of the Website in breach of this paragraph; and
To the full extent permitted by law (and subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.
38. We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all).
39. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.
40. You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your User Content will be displayed on the Website, and other users may use, view and download your User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.
41. Some User Content may refer to events or activities that are organised by other users of the Website. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.
42. If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not comply with these terms, please contact our administrator at email@example.com.
43. We prohibit the use of the Website and any of its functionalities, features and content in any manner other than as expressly allowed by us in the Agreement. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:
You are legally responsible for all User Content you submit;
Under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
We may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
You will not:
Post or transmit any illegal, false, misleading, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind or encourage any other person to do so;
Exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, promotional materials, "spam" or any other materials that are contrary to our commercial or lawful interests);
Provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or
At our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.
44. This Agreement is personal to you and may not be transferred to another person.
45. If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.
46. In the event that any provision of the Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement and such determination shall not affect the validity and enforceability of any other remaining provisions.
47. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination or expiry of the Agreement for all purposes.
48. The failure of us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
49. The Agreement and any policies or operating rules posted by us on the Website in relation to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and purchase of products, superseding any prior o agreements, communications and proposals, whether oral or written, between you and us.
50. Clauses which, by their nature, are intended to survive termination or expiry of the Agreement, continue in force.
51. The Agreement is governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
I have put my heart and soul into this service, and above all it's about integrity. So please respect these terms and conditions and remember that these programmes are for your personal use only.
Wishing you amazing health!
Jay Harrison – Founder