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Jouney To Wellness Terms of Use

 

  1. These Terms of Use

 

(a) The Journey to Wellness website provides its users (each individually a “User” or “Member” and collectively, “Users” or “Members”) with access to self paced online courses, online masterclasses, online group coaching, zoom meetings, library of resources, online somatic classes, workshops,  newsletters, members only Facebook online resources, and other  content regarding a wide spectrum of mental health and wellness, self-care, and other tools to support  your journey to wellness (“Available Content”).

 

(b) The terms “Journey to Wellness”, “the Site”, “we”, “us”, and “our” refer to the Journey to Wellness resource.  The terms “you” and “your” refer to any person becoming a member of the Site, accessing and/or using the Site.

 

(c) We provide you access to the Site expressly subject to these Terms of Use, together with our Privacy Policy.

 

(d) “Terms” means these Terms of Use. If you do not or are unable to agree to these Terms, do not use the Site.

 

(e) The Available Content on this Site is for informational purposes only. As described further in Section 15 below, Journey to Wellness is not engaged in rendering therapy services by providing the Site, and your use of the Site does not create any therapist-patient or other treatment relationship between you and Journey to Wellness or any of its representatives. The Site is not a substitute for medical or psychological treatment and before embarking on your Journey to Wellness with us, we recommend you take advice from your GP or medical professional.

 

(f) You expressly acknowledge that Journey to Wellness is not liable for any physical, emotional, or financial loss of any kind that you may incur as a result of using the Site.

 

(g) Journey to Wellness is primarily designed for use by those living within New Zealand and is subject to the jurisdiction of the New Zealand court system.  If you live outside of New Zealand, then you should be aware that any claims or disputes will be handled by the exclusive jurisdiction of the New Zealand courts.

 

(h) We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page.We will notify you by email when we make material changes to these Terms of Use. By continuing to use the Site after any changes come into effect, you agree to the revised Terms.  If you do not agree with any of the revised Terms, do not use the Site.

2. Your Account

 

(a) The Site may be accessed and used only by individuals are at least 18 years old. By using this Site, you represent that you meet this eligibility requirement.

 

(b) In order to access and use all of the Available Content, materials and services offered on and through the Site, you must register for an account and become a paid monthly member. When you register for an account, you must provide us with some basic information, including your first name and last name, an email address, payment information, user ID and a password. You will also have the ability to provide additional optional information in response to questions in connection with onboarding. Please keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password. You are solely responsible for anything that happens if you fail to maintain the security and confidentiality of your account. If someone is using your password or accessing your account without your permission, email us at hello@journeytowellness.online.

 

3. Your Privacy

 

(a) Journey to Wellness collects registration and other information about you through the Site. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information.

 

4. Prohibited Activities

 

(a) You agree that you will not (directly or indirectly) use the Site to advertise or disseminate advertisements regarding any offered products or services, or the need for any products or services, regardless of whether you are doing so on a professional or personal basis.

 

(b) For the avoidance of doubt, this prohibition includes (but is no way limited to) advertisements and disseminations of advertisements regarding the offer, purchase, sale, sharing, and/or availability any products or services. Additionally, you agree that you will not (directly or indirectly) use the Site:

 

i. To advertise or disseminate advertisements regarding any other types of promotional materials, ‘pyramid schemes’, ‘junk mail’, and ‘chain letters’;

 

​ii. To advertise or disseminate advertisements of a political nature, including, but not limited to, disseminating information on political rallies, marches, protests, and/or other political events;

 

​iii. For any unlawful purpose or for any purpose that would give rise to civil liability;

​iv. To solicit others to perform or participate in any unlawful acts;

 

​v. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

 

​vi. To submit false or misleading information, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content transmitted to or via the Site;

 

​vii. To upload or transmit viruses or any other type of malicious code that may be used in any way to affect the functionality or operation of the Site;

 

​viii. Other than for your use of the Site as expressly permitted in these Terms, to access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way;

 

​ix. To spam, phish, pharm, pretext, spider, crawl, data-mine, or scrape;

 

x. To interfere with or circumvent the security features of the Site;

 

​xi. To damage, disable, overburden, or impair Journey to Wellness’ servers or networks;

 

​xii. To defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

 

​xiii. To use language, images, or other content that Journey to Wellness in its sole discretion deems insensitive, offensive, obscene, sexually explicit, or otherwise inappropriate or inconsistent with Journey to Wellness’ brand; or its community guidelines; or

 

​xiv. To post anything that exploits children or that depicts cruelty to animals. For additional information on acceptable and unacceptable Site activities, please see our Community Guidelines.

 

​5. User Content, Live Events, and Conduct of Others

 

(a) At Journey to Wellness, we value community. Within any community two things are true: Disagreements are natural and respect is required. By using our Site or purchasing and attending, or participating in, live event workshops or Support Sessions (as defined in Section 6), or any other Journey to Wellness events (each an “Event” and collectively, “Events”), you agree to conduct yourself in a productive and respectful manner and otherwise in accordance with these Terms.

 

(b) If we become aware of User Content (as defined in Section 7 below) that is inappropriate or does not otherwise comply with these Terms, on the Site or conduct at one of our live events, we reserve the right to investigate and take appropriate action, which may include temporary or permanent suspension from our Site or, in the case of an Event, removal of any participant whose comments or behaviour are deemed to be inappropriate or disruptive.

 

(c) Notwithstanding any of the foregoing, Journey to Wellness does not control the User Content or conduct of other Users. We are not required to monitor, police, or remove any User Content or conduct, and we assume no liability for any such User Content or conduct. Additionally, we are not a party to any communications or arrangements made among Users through the Site. We do not conduct or require background checks on Users, and we do not attempt to verify the truth or accuracy of statements made by Users. We make no representations or warranties concerning the conduct or User Content of any Users or their interactions with you.

 

5. YOUR PARTICIPATION SUPPORT SESSIONS

 

(a) Journey to Wellness support sessions (“Support Sessions”) are groups designed to bring Users together around a topic of shared interest to learn, grow, and support each other. Support Sessions are led by Journey to Wellness staff members, who in their coaching capacity, facilitate and moderate discussions between Users. Notwithstanding the foregoing, and in accordance with Section 5, Journey to Wellness does not control any User Content that is shared during Support Session meetings.

 

(b) By participating in a Club or Support Session or other Event, you acknowledge and agree to the following:

 

i. Support Sessions are designed to allow you to participate in sessions with other Users that address topics of shared interest;

 

ii. Support Sessions are not healthcare, mental health, or therapy services and do not involve diagnosis, assessment, mitigation, or treatment of any health condition, and you will not use a Support Session in place of your medical treatment;

 

iii. You are fully responsible for your physical and mental wellbeing while you are participating in a Support Session, including for all of your choices and decisions that may arise from or otherwise relate to your participation in a Support Session, and you expressly assume the risks of your participation in a Support Session;

 

iv. You are responsible for any information you share while participating in a Support Session, including any health or other sensitive information, you provide such information voluntarily and understand that such information may not be protected under any law, and you have obtained all necessary consents if such information relates to any other person or individual;

 

v. You will maintain the confidentiality of any information shared by any other User during your participation in a Support Session meeting;

 

vi. You will act in a courteous and respectful manner towards all Users participating in the Support Sessions; and

 

vii. Notwithstanding anything in these Terms to the contrary, you waive and release Journey to Wellness, and its employees, directors, and officers, from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, you ever had, now have, or will have, arising from your past, present, or future participation in an Event, or Support Session, or otherwise with respect to an Event or Support Session. If you do not agree to the foregoing terms, you will not participate in Events  or Support Sessions. Journey to Wellness may terminate your participation in the Support Session, at any time, in its sole discretion, for any reason, including, if you violate these Terms of Use.

 

7. Your User Consent

 

(a) You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site or at an Event (“User Content”) and through the services available in connection with this Site.

 

(b) You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you make. You have full responsibility for any and all User Content you make, including its legality, reliability and appropriateness.

 

(c) Subject to obligations are set forth in Journey to Wellness’ Privacy Policy, yYou agree that any User Content provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to Journey to Wellness a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the User Content. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media.

 

8. Site Use Restrictions and Intellectual Property

 

(a) As used in these Terms, “Site” means:

i. The website www.journeytowellness.online and any future affiliated website(s), including all webpages on such websites; and

ii. The workshops, lessons, podcast episodes, videos, audio files, scripts, newsletters, articles, documents, photos, and other content made available to you, on a paid or non-paid basis, for your informational and instructional use (collectively, the “Available Content”); and

iii. Any current or future public forum(s) hosted on, or as part of, the Site.

 

(b) All Available Content and other aspects of the Site are protected by copyright and owned, controlled, or licensed by Journey to Wellness. You may not:

i. Sell, rent, lease, copy, reproduce, hyperlink, frame, republish, upload, post, modify, transmit, translate, encode, publicly display, or distribute in any way via any medium any Available Content or any other part of the Site without Journey to Wellness’ express prior written consent;

ii. Remove any proprietary notices or labels on the Available Content;

iii. Attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used on or as part of the Site; or

iv. Use the Site for any commercial or illegal purpose.

 

(c) Most Available Content is in “streaming” format, which means that it is made available to you as a contemporaneous digital transmission via the Internet from the Site to your device for personal viewing in real-time. Except as expressly set forth below, you may not download any Available Content or any other part of the Site without Journey to Wellness’ express prior written consent: Certain Available Content may specifically indicate that downloading is permitted. In such cases, you may download one copy of such Available Content on any single device for your personal, non-commercial use only, so long as you keep intact all copyright and other proprietary notices.

 

(d) The Available Content and all other aspects of the Site, including any and all trademarks, logos, text, images, graphics, music, data, software, source code, and other information available through or as a part of the Site, and including the design, structure, selection, coordination, expression, “look and feel”, and arrangement of the Site, are the sole property of Journey to Wellness and/or its licensors, are protected by copyright, trademark, and other intellectual property laws, and may not be used except in accordance with these Terms or with Journey to Wellness’ express written consent. Subject to your compliance with these Terms, Journey to Wellness grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Site in order to access and use Available Content, in every case solely for your personal, non-commercial purposes. Other than as necessary for your use of the Site in accordance with these Terms, Journey to Wellness grants you no other privileges, licenses, or rights in and/or to the Site, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Site.

 

(e) You acknowledge and agree that any breach of any provision of this Section 8 would result in irreparable harm to Journey to Wellness, for which money damages alone would be an inadequate remedy, and, therefore, you agree that Journey to Wellness is entitled to injunctive relief to prevent or restrain any breach or threatened breach of this Section 8, in addition to any other remedies available at law or in equity.

 

9. Availability and Streaming Quality of Available Content

 

(a) Journey to Wellness regularly updates the Available Content on the Site. Additionally, Journey to Wellness may test certain Available Content or Site features by making them available to you for limited periods of time. In all cases, Journey to Wellness reserves the right to make changes to, or remove from the Site, any or all Available Content at any time without notice and without liability to you or third parties. The playback resolution and quality of the Available Content depends on a number of factors. Journey to Wellness makes no guarantee as to the resolution or quality of the Available Content you will receive when streaming, even if you have paid for access to such Available Content.

 

10. Paid Content and Subscription Services

 

(a) Journey to Wellness offers subscription access to fee-based Available Content for a fee payable in advance monthly, bi-monthy, or annually depending upon your selection. In addition, Members may have the ability to purchase additional sessions or services for additional fees and such additional sessions or services may be subject to additional terms that must be agreed upon in order to access the additional session or services.

 

(b) Except as expressly agreed otherwise, all fees are non-refundable once paid.  All fees are in New Zealand dollars which will be converted to your currency.

 

(c) Any promotional or “trial basis” discounts offered are temporary and will terminate at the end of the applicable promotional period, but may be terminated earlier in Journey to Wellness’ sole discretion.

(d) You agree to pay the applicable monthly, bi-monthly, or annual subscription fee in exchange for access to the relevant Available Content.

 

(e) The fee we will initially charge you for your subscription will be the price posted on the Site on the date that you register as a Member. You may pay for your subscription fee only with credit and debit card payments, or PayPal. We will charge your credit or debit card, or PayPal account for your first subscription fee on the date that we process your order for your subscription (or if you sign-up for a subscription using a Gift Card or for a subscription that includes a free-trial period, we will charge your credit or debit card, or PayPal account for your first subscription fee upon the expiration date of the applicable Gift Card period or free-trial period). Once your credit or debit card, or PayPal account is charged the first subscription fee (or if you sign-up for a subscription using a Gift Card or a subscription that includes a free-trial period, once we have processed your order for your subscription), you will receive a confirmation e-mail notifying you of your ability to access those subscription- or Member-only portions of, and fee-based Available Content on, the Site.

 

(f) You may cancel your subscription at any time and your access to the Site will continue for the balance of the paid-up period.  No whole or partial refunds will be given for access to the Site that has been paid for but not used by you.

 

(g) Unless expressly cancelled by you prior to the end of your paid up period, your subscription will automatically renew each monthyl, bi-monthly, or annual period and your credit or debit card, or PayPal account will be charged for the ensuing two months at the start of each two month period.

 

(h) If your subscription includes a free trial period, then unless expressly cancelled by you prior to the end of your free trial period, your subscription will automatically renew each two month period and your credit or debit card, or PayPal account will be charged for the ensuing two months at the start of each two month period.

 

 

(i) AUTOMATIC RENEWAL TERMS: To facilitate continuity of service to you, each Gift Card membership or free-trial membership that becomes a paid membership subscription, and each paid membership subscription, contains automatic renewal terms. You agree that you will be charged the fee you agreed to (depending on your particular subscription agreement) for the length of time you agreed to, and that your subscription will automatically renew on those same terms until you cancel at any time by emailing hello@journeytowellness.online, or through your Account Settings page, and you have read and agree to our Terms of Use and Privacy Policy. You represent and warrant that you are authorised to use the payment method designated, and you authorise Journey to Wellness and our designated third-party payment processors to charge your designated payment option now and upon each renewal for the total amount of any fees you owe to Journey to Wellness, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your access to the Available Content may be terminated. For subscription services, unless you notify  the Site prior to the end of the then-current subscription term, your subscription will automatically renew. Applicable fees for such renewals will be at Journey to Wellness’ then-current rates. If your subscription is not renewed, a cancellation will be effective on the next renewal date of your subscription following your notice of cancellation and your access to the fee-based Available Content will terminate at the end of your then current subscription term. Journey to Wellness reserves the right, in its sole and absolute discretion, to change its subscription plans or adjust its access fees or subscription fees at any time (but not the price in effect for your then-current subscription term). Any such changes will take effect following notice to you.

 

 

(j) REFUNDS: Journey to Wellness is confident that a Journey to Wellness membership subscription will provide you with helpful resources and community. However, if you do not find the tools and support you need, email us at hello@journeytowellness.online and let us know. If you email us within the first 14 days of initiation of your subscription stating that you want to discontinue your membership and we are unable to resolve your concern, we will offer you a full refund. Please allow approximately 3-5 business days for your refund to be processed and the refund will be applied to the payment option used to purchase the subscription. Your membership benefits will expire upon the processing of your refund.

 

11. Gift Cards

 

(a) By purchasing, accepting or using a Journey to Wellness gift card in physical or digital form (“Gift Card”), and in consideration for your right to use such Gift Card, you agree to be bound by these Terms of Use. All Journey to Wellness Gift Cards expire on the date that is 1 years after issuance of such Gift Card. Gift Cards are not redeemable or refundable for cash or credit, unless required by law. You must have a Journey to Wellness online account to redeem a Gift Card, and for automatic subscription renewal purposes, you will be required to enter credit card or debit card information to open a Journey to Wellness account. Journey to Wellness Gift Card memberships are subject to automatic renewal in accordance with the terms set forth in Section 10 above.

 

12. Third-Party Links

 

(a) The Site contains links to websites, tools, and resources operated by parties other than Journey to Wellness. While such links are provided as a convenience to you, many of the websites we link to are operated by third parties that may pay Journey to Wellness fees when you purchase their products after clicking on a link from our Site.

 

(b) Participating in affiliate advertising makes it possible for Journey to Wellness to continue providing you with relevant and valuable Available Content. Notwithstanding the foregoing, Journey to Wellness does not control such third-party websites, tools, or resources, and we are not responsible for the content, products, services, or information offered by any such third parties. Neither the inclusion on the Site of links to such third-party websites nor our participation in affiliate marketing programs with such third parties shall be construed as

 

(c) Journey to Wellness’ endorsement of any such third-party content, products, or services. if you access or use any third-party resources, you do so entirely at your own risk, and we shall have no liability whatsoever arising from or relating to your access or use of such third-party resources. Additionally, note that you will be subject to the terms and conditions and the privacy policies imposed by such third parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

13. Unsolicited Information

 

(a) From time to time, you may send us unsolicited information or materials, including, without limitation, ideas or suggestions related to new or improved services, enhancements, names, technologies, advertising and marketing campaigns, plans, or promotions (collectively, “Unsolicited Information”).

 

(b) Notwithstanding the foregoing, Journey to Wellness does not want to receive confidential or proprietary information from you, and you agree never to send to Journey to Wellness any User Content that would violate or infringe any copyrights, trademarks, or any other intellectual property rights or their rights of third parties, including, without limitation, the rights of publicity or privacy.  By sending Journey to Wellness any Unsolicited Information you grant to Journey to Wellness, its affiliates and subsidiaries, an unrestricted, irrevocable, perpetual, worldwide license to use, reproduce, display, perform, modify, transmit and distribute such Unsolicited Information, and you also agree that Journey to Wellness is free to use any ideas, concepts, know-how or techniques that you send to it for any purpose, without attribution or compensation to you of any kind. Journey to Wellness has no obligation to review any Unsolicited Information. These provisions do not govern Journey to Wellness’ obligations with respect to your personal information, which obligations are set forth in Journey to Wellness’ Privacy Policy.

 

14. Intellectual Property Infringement

 

(a) Journey to Wellness respects the intellectual property rights of others, and we ask you to do the same. Journey to Wellness may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Journey to Wellness’ designated agent the following information:

 

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

ii. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

 

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Journey to Wellness to locate the material.

 

iv. Information reasonably sufficient to permit Journey to Wellness to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

 

v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

 

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

vii. Journey to Wellness’ agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

 

Attn: The Manager

 

Email: hello@journeytowellness.online

 

15. Not Professional Advice; No Professional Relationship Created

 

(a) Although this Site may provide information related to mental health, psychology/psychoeducational, and other medical issues, such information is not intended to constitute or be a substitute for advice from a qualified healthcare provider.

 

(b) Journey to Wellness is not engaged in rendering mental health advice, clinical psychology advice, therapy or other medical advice or services by providing the Site, and your use of the Site does not create any therapist patient or other treatment relationship between you and Journey to Wellness or any of its representatives.

 

(c) Journey to Wellness assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Available Content or other information or material on this Site. Reliance on any information provided by Journey to Wellness, Journey to Wellness representatives or others contributing to the Site at the invitation of Journey to Wellness, or subscribers to the Site, is solely at your own risk. Always seek the advice of your qualified healthcare professionals with any questions you may have regarding a medical condition. Never disregard professional advice or delay in seeking it because of something you have read on this Site.

 

16. Limitation of Liability and Disclaimer of Warranties

 

(a) To the maximum extent permitted by applicable law, the Site, services, and any information or material contained or presented on the site is provided to you ‘as is’ and ‘as available’, without any representations, guarantees or warranties of any kind, either express, statutory or implied, including any implied warranties of quality, fitness for a particular purpose, and/or non-infringement, or relating to the quality, meeting with description, suitability, operability, condition, truth, accuracy, absence of defects, whether latent or patent, or completeness of any information or material contained or presented on the site. to the maximum extent permitted by applicable law, in no case shall Journey to Wellness be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost savings, loss of data, other economic advantage or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from: (a) your use of the available content or other parts of the site; (b) the site’s security, operability, or availability; (c) any information, advice, services, or goods obtained through or advertised on the site; (d) statements, conduct, interactions, or dealings with any other site member or third party; or (e) any other claim related in any way to the site – even if advised of the possibility of such injury, loss, claim, or damages.

 

(b) Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the twelve months prior to the action that may have given rise to liability. The limitations set forth in these Terms do not limit Journey to Wellness’ liability for gross negligence, fraud, or intentional, malicious, or reckless misconduct. Further, because some jurisdictions do not allow the limitation of liability for consequential or incidental damages, in such jurisdictions Journey to Wellness’ liability shall be limited to the maximum extent permitted by law. If you are based in the EU, you may have additional legal remedies.

 

17. Indemnity

 

(c) To the full extent permitted by applicable law, you agree to indemnify, defend, and hold Journey to Wellness and its officers, directors, shareholders, employees, contractors, and agents harmless from any costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defence) suffered in relation to or arising from any claim or demand made by any third party due to or arising out of your violation of these Terms; your use, misuse, or abuse of the Site; your User Content; your violation of any law, statute, or regulation; or your violation of the rights of a third party. You agree to cooperate with Journey to Wellness in defending such claims and not to settle any claim without Journey to Wellness’ prior written consent.

 

18. Dispute Resolution

 

(a) Should a dispute arise then the parties agree that they will attempt to resolve such dispute directly between the parties.  If the dispute cannot be resolved directly between the parties, then the parties are free to follow such formal or information dispute resolution procedures as are available to them in the New Zealand court Jurisdiction.

 

 

19. Termination

 

(a) You agree that Journey to Wellness, in its sole discretion, may suspend or terminate your use of the Site and may remove any User Content or other data within the Site, for any reason, including, without limitation, if Journey to Wellness believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, if it is in the best interest of the Journey to Wellness Member community, or to protect our brand.

 

(b) Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. Journey to Wellness may also in its sole discretion and at any time discontinue providing any or all Available Content or any other part of the Site, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Journey to Wellness may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to your account or the Site.

 

(c) In the event that you have a paid subscription to the Site and Journey to Wellness terminates your access to the Site for any reason other than your breach of these Terms of Use, then Journey to Wellness will refund you the prorated portion of any subscription fees which you have paid but not yet used. Except for the foregoing limited circumstance, you agree that Journey to Wellness will not be liable to you or any third party for any termination of your access to the Site.

 

20. Notices

 

(a) Except as otherwise stated in these Terms or as expressly required by law, any notice to us shall be given by email to hello@journeytowellness.online.  Any notice to you shall be given to the most current email address in your account.

 

21. Assignment

 

(a) These Terms are not assignable, transferable, or sublicensable by you except with Journey to Wellness’ prior written consent but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, reorganisation, sale of Journey to Wellness’ assets, or similar transaction.

 

22. Additional Terms

 

(a) The Site is controlled and operated from New Zealand. Those who access or use the Site from other jurisdictions do so at their own risk and are solely responsible for compliance with all applicable New Zealand local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by New Zealand, or are a foreign person or entity blocked or denied by the New Zealand Government.

 

(b) The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms is held by any court or administrative body of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity of the remaining provisions herein, or the validity of all provisions in another jurisdiction. No joint venture, partnership, employment, or agency relationship exists between you and Journey to Wellness as a result of these Terms or your use of the Site. Journey to Wellness’ performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Journey to Wellness’ right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Journey to Wellness with respect to such use. These Terms constitute the entire agreement between you and Journey to Wellness with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Journey to Wellness with respect to the Site. The intellectual property rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

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