Terms & Conditions

Introduction

The following terms and conditions apply to all services provided by and content created by Luckystone Holdings Limited trading as Euphoria Nutrition (“Euphoria Nutrition”).
The terms ‘Service’ and ‘Services’ cover all services that are described on this Site. We have used ‘we’, ‘us’ or ‘company‘ for Euphoria Nutrition and ‘client’ or ‘you’ for the client or viewer of www.euphorianutrition.co.nz (“Site”).

Use and acceptance

By clicking the “I accept” button, signing our ‘Commitment Declaration’ or by using our Site or Services, you acknowledge that you are 18 years of age or older and that you have read, understand and agree to be bound by these Terms of Service, as amended from time-to-time. If you are not willing to be bound by and comply with these Terms of Service, you should not access or otherwise use our Site or Services. Euphoria Nutrition may modify these Terms of Service at any time, in our sole discretion, and such modifications shall be effective immediately upon the earlier of the posting of the modified Terms of Service on our Site of such amendments.
You agree to review these Terms of Service periodically and your continued use of our Site or Services shall be deemed conclusive acceptance of any modified Terms of Service.
The information provided via our Services and our Site is not intended to diagnose or treat any illness or any other medical conditions, and are not a replacement for professional medical evaluation, advice, diagnosis or treatment. Please discuss with your doctor if you have any concerns regarding embarking on a plan on overall health outcomes.
Euphoria Nutrition provides the Services for informational purposes only. Based on information that you request and/or provide to us, Euphoria Nutrition provides you:

(i) access to general health education and information;
(ii) nutritional and other fitness advice; and
(iii) references to other resources.
While Euphoria Nutrition believes that the information provided through our Services and the Site is current and reliable, Euphoria Nutrition cannot and does not make any such guarantee or warranty.
5. You hereby agree that, before using our Services, you will consult your physician or other health care provider for medical advice, particularly if you are at risk for problems arising from changes in your diet or lifestyle.
6. Our Services are not intended to be used by Minors or individuals with health conditions that makes the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.
Disclaimer

Furthermore, Euphoria Nutrition shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. Euphoria Nutrition shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and Euphoria Nutrition disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by Euphoria Nutrition's gross negligence or wilful misconduct which in amount, shall be limited in the maximum, to the fees paid by you for the Services.

No guarantee can be provided regarding the outcome of following the advice provided.
2. Any personalised plans created are not intended to be a substitute for professional medical advice, diagnosis or treatment by licensed or registered health care professionals and is not medical advice. We encourage you to make your own health care decisions based upon research and in partnership with a qualified health care professional.
Assumption of Risk and Disclaimer

Euphoria Nutrition provides, and you acknowledge and agree that Euphoria Nutrition provides, the Services, this Site and any and all materials received by you as part of your use of our Services and this Site “as is” and “without warranty” of any nature or kind. Euphoria Nutrition grants no, and Euphoria Nutrition hereby disclaims all, warranties, express, implied, statutory or otherwise, with respect to the Services and this Site provided to you, including, but not limited to, any implied warranty of non-infringement, merchantability or fitness for a particular purpose in connection with the service, this Site, or content with which it is linked.
Specific risks vary from one diet or lifestyle change to another and the risks range from minor injuries or illness to major injuries or illness.

In consideration of your use of the Services, you understand and voluntarily accept the risks and agree to indemnify, defend and hold harmless Euphoria Nutrition and its officers, directors, employees, consultants, agents, successors and assigns (“indemnified parties”), from and against any loss, liability, claim, demand, damages, costs and expenses, including all legal and other reasonable fees and expenses for investigating or defending any action or threatened action (as well as settlement costs) which any of the indemnified parties may incur in connection with any claim arising out of or resulting from:
(i) any breach by you of these terms of use;
(ii) your use of the service, your account(s);
(iii) your client content; and/or
(iv) any violation by you of any law or third party rights, including, without limitation, for personal, bodily, or mental injury, wrongful death, emotional distress, economic loss, loss of Services or other damages or harm or any damage to you, your spouse, unborn child, or other third parties resulting from your use of the Services, including, but not limited to, the negligence of Euphoria Nutrition or anyone on Euphoria Nutrition's behalf.
3. You understand and acknowledge that Euphoria Nutrition is providing informational Services only and may not be held liable for defective products.
Confidentiality

We undertake to protect the confidentiality of all your details and information and we will not disclose any details without your prior consent (eg. consulting with another health professional).
Euphoria Nutrition does maintain the right to consult, on an as required basis, with their qualified colleagues if a wider knowledge base or second opinion is deemed necessary for the very best Service to be offered, with prior consent from you as a client and within this process will not disclose anything that would lead to your identity.
Euphoria Nutrition accepts no responsibility in relation to any third parties you choose to share your consultation information with or how they choose to use that information.

Billing and late payment

Payment for one-on-one consultations and 28-day programmes are due in full on or prior to commencement. Payment for 23-week and 50-week programmes are due in full prior to commencement or by monthly payment plan utilising Euphoria Nutrition's third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your subscription to use our Services or purchase our products.

All fees are in NZ Dollars and are non-refundable except as required by law. Euphoria Nutrition is not responsible for charges or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. Late payment fees will attract a 10% penalty fee. We may suspend or terminate the Services if fees are 30 days overdue.
2. All fees are inclusive of GST. We reserve the right to change our standard fees at any time. We may correct pricing errors at any time.
3. We reserve the right to suspend or cancel your access to the Programme if you fail to pay us any instalment amount due by the due date. If we cancel a Programme due to non-payment we will not be obliged to provide you with a refund for any amounts already paid by you. If we suspend a Programme due to non-payment we will restart the Programme only when we are satisfied that any non-payment issue has been resolved, this may require payment to be paid in full and advance for the remainder of the programme.
4. Unpaid bills may be referred to a third party for collection without further notification. The expense of this will be met by the client (the debtor), in addition to the unpaid bill, plus any applicable late payment penalties and interest charges.
5. The Nutrition Programmes are non-transferrable except at the discretion of the Managing Director.
Termination

For 23-week and 50-week programs you may cancel your account at any time by emailing us at pip@euphorianutrition.co.nz. In the event that you cancel your account, Euphoria Nutrition shall not be required to provide you with a refund or other compensation.
In the event of your default under these Terms of Service, Euphoria Nutrition reserves the right to terminate or suspend your account or use of the Services at any time. In such event, Euphoria Nutrition shall not be required to provide you a refund or other compensation.
Upon termination, discontinuation or cancellation of our Services or your account, all provisions of these Terms of Service which should survive will survive, including, without limitation: content rights and ownership provisions, warranty and professional/medical Services disclaimers, assumption of risk and indemnity, limitations of liability.

Links to Third Party Websites

Our Services may contain links to third-party websites, social media platforms or other resources, but these links and Sites do not form part of our Services. We provide these links only as a convenience to you and are not responsible for the content, products or Services available from those websites or resources or links displayed on such Sites. Euphoria Nutrition does not endorse or control any information accessed on or from any third-party website and assumes no responsibility for any material which may be accessed through such links. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. Please make sure to review the applicable agreements and policies when visiting any third-party websites, including different policies with respect to the use, collection and disclosure of your personal Information.

Internet Service Provider Charges and Other Charges

You are responsible for all mobile or other internet service provider charges incurred by you for connecting to the Services or the Site, and Euphoria Nutrition assumes no responsibility or liability for any such charges, including, but not limited to, data charges, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Services or the Site. Any dispute or problem regarding telephone or internet provider Services are strictly between you and your service provider. You may receive text messages in connection with your use of our Services or the Site. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for text you receive and Euphoria Nutrition assumes no responsibility or liability for any such charges.

Our Communication with You

Subject to providing your express consent evidence by subscribing to any Services, programmes or newsletters, you consent to receive (via email or through the Services or Site) communications from us regarding the use of the Services and the Site, and authorize us to send you other communications, newsletters or offers regarding third-party products and Services. You have the ability to unsubscribe from any communications at any time.

Jurisdiction

These terms and conditions, the Site and the Services rendered by us are governed and interpreted in accordance with the laws of New Zealand.
We are required to comply with the requirements of various international privacy and confidentiality statutes, regulations and guidelines (Laws) in force from time to time including but not limited to the General Data Protection Rules. We reserve the right to store, manage,, analyse and/or use your information stored on or relating to your use of our Site as is required by such Laws (but strictly only in accordance with such Laws).

Terms of Service