Terms and Conditions

Terms of Use 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  

  1. SITE OWNER 

1.1 This web site is owned and operated by A Change for Better Limited (“ACFB”,  “we”, “us”, “our”), a registered New Zealand limited liability company. 

1.2 This web site and any provision of services available throughout this web site  are governed by these terms and conditions of use (“Terms of Use”) and the  privacy policy (Privacy Policy”) of ACFB. 

  1. DESCRIPTION OF SERVICES 

2.1 This web site provides online services including, but not limited to, provision of  affordable wellness information, provision of Information about intellectual,  financial, physical, and mental health services, and counselling and coaching (together in these Terms of Use “the Services”). 

  1. ACCEPTANCE OF TERMS OF USE 

3.1 As a user (“a User”) of this website you (“you”) agree that you have read and  understood these Terms of Use and acknowledge, without limitation or  qualification, that by accessing this website these Terms of Use are binding on  you. 

3.2 If you are using this web site as a subscribing member (“a Member”) you must  register in accordance with clause 6. You agree that you have read and  understood these Terms of Use and acknowledge, without limitation or  qualification, that by accessing this website these Terms of Use are binding on  you. 

3.3 If you are using this web site as a provider of Services (“a Provider”) you must  register in accordance with clause 6. You agree that you have read and  understood these Terms of Use and acknowledge, without limitation or  qualification, that by accessing this website these Terms of Use are binding on  you. 

3.4 If you are using this web site as a client of a Provider (“an End User”) you agree  that you have read and understood these Terms of Use and acknowledge,  without limitation or qualification, that by accessing this website these Terms of  Use are binding on you. 

3.5 We reserve the right to amend and/or update these Terms of Use at any time,  without notice to you. Such changes are legitimate and effective from the  moment of their publication; and you agree to read and understand and be bound by the most recent Terms of Use that are in effect at the time you access  this web site. We encourage you to consult the Terms of Use each time you  use this web site. 

  1. LIMITATIONS ON USE 

4.1 You must be at least sixteen (16) years old to access this web site. If you are  not at least eighteen years old, you are not permitted to access this web site for  any reason. 

  1. SOFTWARE NOT PROVIDED 

5.1 You are solely responsible for ensuring that you have sufficient and compatible  hardware, software, telecommunications equipment and internet service to use  this web site and the Services. 

  1. REGISTRATION 

6.1 To register (“Subscribe”) as a Member or Provider you must provide us with  current, complete and accurate information as required, and you must pay the  fee (“Subscription Fee”) for the Subscription. 

6.2 Once you are Subscribed you will receive an email with login details to our  online portal or download page. For some of the Services, where explicitly  specified, we may offer a money back guarantee. For these the Services, if you  are not completely satisfied, and providing you have complied with our refund  terms, you can contact us within your Subscription period to receive a refund.  We must receive your request at our offices at least 14-days prior to your  Subscription expiring. Refunds may take 5-10 working days to appear back in  your account. 

  1. USERNAME AND PASSWORD 

7.1 Upon Subscription, you will be issued with a username and password  (collectively, “your account”). You agree to keep your account details  confidential and acknowledge that you are wholly responsible for maintaining  the security of your account. 

7.2 You are solely responsible for any activity that occurs on your account, whether  authorised or unauthorised. You must notify ACFB immediately of any  unauthorised use of your account. 

7.3 You may be held liable for any losses incurred by ACFB resulting from use of  your account, whether by you or an unauthorised third party. 

  1. INFORMATION YOU SUBMIT

8.1 If you are a Provider, as part of your Subscription, you may be required to submit information to this web site (“Provider Information”). You may also be  entitled, as part of your Subscription, to submit content to this web site  (“Provider Content”). 

8.2 Regardless whether you are a User, a Member, an End User, or a Provider,  you expressly accept the terms of our Privacy Policy. 

8.3 You hereby warrant that any Provider Information or Provider Content you  submit to us through this web site is owned by you and that you have the  necessary authority to submit such information. You hereby grant us a royalty free, perpetual, worldwide license to display, modify, adapt, create derivative  works from, and otherwise use any suggestions, ideas, and information that you  provide to us

8.4 Regardless whether you are a User, and End User, or a Provider, you further  agree that you shall not submit or transmit any content through this web site or  to us that: 

(a) Is obscene, vulgar, or pornographic; 

(b) Encourages the commission of a crime or violation of a law; 

(c) Violates any state or federal law in the U.S., Australia, New Zealand  and/or the jurisdiction in which you reside; 

(d) Infringes the intellectual property rights of a third party; 

(e) Is otherwise offensive or inappropriate based upon the type of content  and information provided by us and/or third parties on this web site. 

8.5 We reserve the right to remove or otherwise delete any content or submission  from you that violates these rules, or which are inappropriate in our sole  discretion, without liability or warning to you. 

8.6 We reserve the right to cooperate with law enforcement officials and court  officials in the investigation or prosecution of any crime or lawsuit. You agree to  hold us harmless from any consequences or actions taken by ACFB in  cooperation with such law enforcement investigation or court order. 

  1. PURCHASING AND LICENSES 

9.1 By purchasing, downloading or accessing any digital products, files, training  programs, Provider Content or other services or materials intended for sale or  distribution from this web site (the “Licensed Material”), the Licensed Material  and all associated ownership rights in the Licensed Material are not being  transferred to you; they are being provided to you (the licensee) under a license  from ACFB, or from the Provider as the case may be (in this agreement then called “the Licensor”), in accordance with the terms below, unless otherwise  stated: 

(a) You have a non-exclusive, non-transferable, non-sublicensable,  perpetual right to use the accompanying Licensed Material for permitted  personal or commercial purposes in accordance with these Terms of  Use, and the following: 

(i) For ongoing subscriptions or memberships: All such licenses are  valid only while you maintain an active, paid subscription and  your account remains in good standing. We reserve the right to  terminate your subscription or membership and revoke all  associated licenses without refund at any time without notice and  for any reason. 

(ii) For non-subscription products and services: All such licenses  are granted when full payment has been received by ACFB for any products or services paid upfront, or where a payment plan has been completed & paid in full. For products and services for which a Payment Plan is agreed and in progress, all such  licenses are granted once the initial payment has been received by us and are valid only while you maintain your agreed payments and your account remains in good standing. 

(b) We retain all rights, copyright and ownership of the Licensed Material. (c) You are granted a single license for each purchase, which permits only  one (1) person (user) to access and use the Licensed Materials. 

(d) You may not rent, sublicense, sell or assign Licensed Material or any  derivative works. 

(e) Your rights to use the Licensed Material are worldwide. 

9.2 Unauthorized use will result in immediate termination of this license. 

  1. SITE SECURITY 

10.1 We shall use every endeavour to ensure that the Services are provided through  a web site that is secure, however you acknowledge and agree that internet  transmissions are never entirely secure or private, and that any message or  information you send to or through the web site may be read or intercepted by  unrelated unauthorised third parties. 

10.2 We shall have no liability for the interception or ‘hacking’ of data through this  web site by unauthorised third parties and any resulting loss to you or any other  person or entity.

10.3 You accept and acknowledge that the security and protection of your computer  systems, including your use of any virus detection software, is your  responsibility. We shall not be liable to you for any loss or damage incurred as  a result of you downloading files from our web site. 

10.4 Payment of the subscription fee by credit card is processed through the web  site of a third party and by making payment in such manner, you are agreeing  to the terms and conditions of use of such third party’s web site. We shall not  be liable for any loss incurred to you through use of such third party’s web site. 

  1. NO UNLAWFUL OR PROHIBITED USE 

11.1 This web site is only to be used for its intended and lawful use to provide the  Services, and no other intended use. Any use not contemplated by these Terms  of Use is unlawful and unauthorised. The use of this web site by anyone who  does not have authorised access to it is also unlawful and contrary to these  Terms of Use. 

11.2 This web site may not be used in any way that violates any national or  international laws or regulations and this web site may not be used for unlawful,  illegal or fraudulent or harmful purposes. 

11.3 You must not use this web site to copy, store, host, transmit, send, use, publish  or distribute any material that can damage and/or disrupt this web site and/or  any other user’s use and enjoyment of this web site. 

11.4 You must not conduct any systematic or automated data collection activities  (including without limitation, scraping, data mining, data extraction and data  harvesting) on or in relation to this web site and you must not engage in any  reverse engineering utilising this web site. 

11.5 We will report all breaches of these Terms of Use to the relevant regulatory  authorities in the country or state where the breach occurs and will disclose your  identity to them. You agree that such disclosure will not be a breach of the  privacy policy or principles of the state or country concerned and in any case  your right to use this web site will cease immediately and we will not be  responsible in any way to compensate you for such termination of your access  to or use of this web site. 

11.6 You shall be liable to ACFB for all losses and liability incurred as a result,  whether directly or indirectly, of your unlawful and/or prohibited use of this web  site and you hereby indemnify and save harmless ACFB against said losses  and liability. 

  1. INTELLECTUAL PROPERTY

12.1 For the sake of clarity, reference to “this web site” in this clause 12 shall include  any materials contained or published in the Services, accessed via this web  site. 

12.2 Except for items in the public domain, this web site and all materials contained  or published on this web site (“intellectual property”) are wholly owned by ACFB and/or its Providers. Nothing contained in these Terms of Use or on this web  site shall be construed as granting by implication, estoppel or otherwise any  licence or right to use any of the intellectual property without the written  permission of ACFB or such other party that may own the intellectual property. 

12.3 All content and materials, slideshows, graphic works, videos, recordings,  webinars and photographs appearing on this web site that are the original works  of ACFB and all written information appearing on this web site which prior to its  publication on this web site comprises the original work of ACFB are in this  clause called “The Works”. ACFB is the author and owner of The Works and  claims exclusive copyright in them pursuant to the Copyright Act 1994 an Act of  the Parliament of New Zealand. The Works were made in Auckland, New  Zealand. No person or body corporate shall copy The Works or issue copies of  The Works to the public whether by sale or otherwise unless expressly  authorised by these Terms and conditions of use of the web site or expressly  authorised in writing by ACFB. No person or body corporate may show The  Works in public or communicate The Works or make any adaption of The Works  unless expressly authorised by these Terms of Use or expressly authorised in  writing by ACFB. 

12.4 Other than as is expressly authorised on this web site, you must not modify or  distribute the paper or digital copies of any materials you have acquired from  this web site. All trademarks, copyrights or any other proprietary notices must  always remain intact. You must not copy any illustrations, photographs, video  or audio sequences published on this web site and you must not copy the text  from this web site. You must not copy, reproduce, republish, download, post,  broadcast or transmit this web site or any part thereof or any materials from this  web site except for your personal use as is authorised by these Terms of Use.  Our prior written consent must be obtained for any other use of the materials. 

12.5 Your right to use this web site will cease immediately if you breach any of the  intellectual property agreements contained in these Terms of Use. 12.6 You are welcome to link to our homepage, provided you do so in a way that is  fair and legal and does not damage our reputation or take advantage of it. You  must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless we have consented to such form  of association, approval or endorsement in writing. Without notice and without  giving any reasons, we can demand the removal of a link to our homepage from  your web site or other online forum and you must remove the link on demand  being made. 

  1. THIRD PARTY REFERENCES / HYPERLINKS 

13.1 This web site may link you to other sites on the Internet. These sites may  contain information or material that some people may find inappropriate or  offensive. These other sites are not under the control of ACFB, and you  acknowledge that ACFB is not responsible for the accuracy, copyright  compliance, legality, decency, or any other aspect of the content of such sites.  The inclusion of such a link does not imply endorsement of the other site by  ACFB or any association with its operators. 

  1. OUR OBLIGATIONS 

14.1 We agree and confirm that we will use all reasonable care and skill to: (a) Keep secure from unauthorised access all User, Member or Provider information stored on our systems; 

(b) Ensure that the services provided by this web site are fit for the  reasonable purposes for which they were designed. 

(c) While every effort is made to ensure that the content of the web site is  accurate, we make no representation or warranty in relation to the  accuracy or completeness of the information found on the web site. Any  reliance you place on such information is therefore strictly at your own  risk in all things. 

(d) ACFB may change, update, and/or make improvements to this web site  and/or the Services at any time without prior notice or any liability to you. 

  1. DISCLAIMERS 

15.1 All materials, information, software, products, services, and licensed materials  included in or available through this web site (the “Content”) are provided “as  is” and “as available” for your use. The Content is provided without warranties  of any kind, either express or implied, including, but not limited to, implied  warranties of merchantability, fitness for a particular purpose, or  noninfringement. ACFB do not warrant that the content is accurate, reliable or  correct; that this web site will be available at any particular time or location; that  any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Because some jurisdictions do not permit the  exclusion of certain warranties, these exclusions may not apply to you. 15.2 ACFB makes no representation about the suitability of the Services and the  information contained in the materials of the Services for any purpose. 

15.3 You agree that you will use this web site and apply the information that you  obtain from it (including but without limitation all information obtained from the  Services) entirely at your own risk in all things. 

15.4 ACFB will not be liable to you, whether under the law of contract, the law of tort  or otherwise, for any losses and/or liability whatsoever incurred by you as a  result, directly or indirectly, of your viewing and/or applying the contents of or  your use or application of this web site and/or the contents thereof including  (but without limitation to) the information and materials contained in the  Services available via this web site. 

15.5 Nothing in these Terms of Use will exclude or limit any warranty implied by law  that it would be unlawful to exclude or limit. 

15.6 ACFB does not warrant that the servers that make this web site available will  be error free, virus free or bug free and you accept that it is your responsibility  to make reasonable and adequate provision for protection against such threats.  We recommend scanning any files before downloading. We will not be liable for  any loss or damage caused by attacks, viruses or other technologically harmful 

material that may infect your computer equipment, computer programmes,  computer data or other proprietary material due to your use of this web site or  to your downloading of any material posted on it, or any site linked to it. 

15.7 ACFB will not be liable for any interruption to this web site during any  reasonable periods of web site maintenance and/or for reasons beyond our reasonable control. 

15.8 Although ACFB will take all reasonable care to protect all your Content stored  on our systems through use of dedicated servers and off site computer storage,  we cannot guarantee that it is stored in such a fashion that it will not become  lost or corrupted and accordingly you should backup all your Content to your  own servers on a regular basis. You save harmless and indemnify ACFB from  all costs and/or losses associated with replacing any lost or corrupted Content and any damages associated therewith. 

  1. LIMITATION OF LIABILITY 

16.1 Under no circumstances shall ACFB, or its agents, affiliated companies,  officers, directors, employees, and contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use  of, or inability to use, this web site or the Content. This limitation applies whether  the alleged liability is based on contract, tort, negligence, strict liability, or any  other basis, even if ACFB has been advised of the possibility of such damage.  Except as prohibited by law, in no event shall the amount of collective liability  of ACFB and its agents, affiliated companies, officers, directors, employees,  and contractors exceed the amount actually paid by you to ACFB for products  or services. Because some jurisdictions do not allow the exclusion or limitation  of incidental or consequential damages, ACFB’s liability in such jurisdictions  shall be limited to the extent permitted by law. 

  1. MISCELLANEOUS 

17.1 If you access our website or the Services on behalf of your employer, client, or  other entity, you warrant and guarantee that you have the full right and authority  to do so. If you do not have such authority, your activity will be considered a  breach of these Terms of Use. 

  1. INDEMNIFICATION 

18.1 Upon a request by ACFB, you agree to defend, indemnify, and hold ACFB and  its other affiliated companies harmless, and their employees, contractors,  officers, and directors from all liabilities, claims, and expenses, including  attorney’s fees, that arise from your misuse of this web site or from your violation  of the Terms of Use stated herein. 

  1. SEVERABILITY AND INTEGRATION 

19.1 Unless otherwise specified herein, this agreement constitutes the entire  agreement between you and ACFB with respect to this web site and  supersedes all prior or contemporaneous communications between you and  ACFB with respect to this web site.  

19.2 If any part of these Terms of Use is held invalid or unenforceable, that portion  shall be construed in a manner consistent with applicable law to reflect, as  nearly as possible, the original intentions of the parties, and the remaining  portions shall remain in full force and effect. 

  1. GENERAL CONDITIONS 

20.1 If we change these Terms of Use at any time, such changes will be deemed to  be applicable from the first date of publication of the changes on this web site. 

20.2 Your right to use this web site will cease immediately if, in our sole and  unfettered discretion, you breach any of these Terms of Use.

20.3 If we fail to enforce any terms or exercise any rights under these Terms of Use we have not waived those rights. 

20.4 In interpreting these Terms of Use the singular shall include the plural and vice  versa. 

  1. GOVERNING LAW 

21.1 This web site and these Terms of Use shall be governed by the laws of New  Zealand without reference to principles of conflict of laws. Any claims, disputes  and proceedings between you and ACFB shall be determined through the  Courts of New Zealand, which Courts will have exclusive jurisdiction to  determine all claims, proceedings and disputes in respect of these Terms of  Use and any matter arising under them. 

  1. NOTICES 

22.1 Any notice given under these Terms of Use to you by ACFB will be deemed to  be given on transmission by email to you at the email address provided by you  to open your account, and will be deemed to be given on transmission of any  such notice from your email address and receipt of such notice at the email  address of ACFB published from time to time on this web site. 

  1. OUR CONTACT DETAILS: 

23.1 Email: info@achangeforbetter.com 

23.3 Last Updated: 03 Jan 2022

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