Terms of Use
Please read these terms carefully before using our website and services.
1. Agreement to Terms
By accessing or using the website freshforcedetox.world ("Website") operated by Freshforcedetox ("we," "our," or "us"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Website or services.
These Terms constitute a legally binding agreement between you and Freshforcedetox regarding your use of the Website and any services offered through it.
2. About Our Services
Freshforcedetox is a lifestyle coaching business based in New Zealand. We are not a medical clinic, licensed healthcare provider, or sleep disorder treatment service. Our services include:
- Educational content about evening routines and rest practices
- Coaching programs for developing sleep-supportive lifestyle habits
- Resources and materials for personal development
2.1 Educational Nature of Services
All materials, content, and coaching services provided by Freshforcedetox are educational and informational in nature. They are designed to support general well-being and are not intended to:
- Diagnose, treat, cure, or prevent any disease or medical condition
- Replace professional medical advice, diagnosis, or treatment
- Serve as a substitute for consultation with qualified practitioners
Always consult with a physician or qualified professional before beginning any new lifestyle practice, especially if you have existing conditions.
3. Eligibility
To use our Website and services, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into binding agreements
- Not be prohibited from using our services under applicable law
By using our Website, you represent and warrant that you meet these eligibility requirements.
4. User Accounts
If we offer account features on our Website, creating an account requires you to agree to:
- Provide accurate, current, and complete information
- Maintain and update your information as needed
- Keep your login credentials confidential
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
We reserve the right to suspend or terminate accounts that violate these Terms.
5. Acceptable Use
When using our Website, you agree not to:
- Violate any applicable laws or regulations
- Infringe on the rights of others, including intellectual property rights
- Transmit harmful, offensive, or inappropriate content
- Attempt to gain unauthorized access to our systems
- Interfere with the proper functioning of the Website
- Use automated systems to access the Website without permission
- Collect or harvest user information without consent
- Impersonate any person or entity
- Use the Website for commercial purposes without authorization
6. Intellectual Property
6.1 Our Content
All content on this Website, including but not limited to text, graphics, logos, images, audio, video, software, and other materials ("Content"), is owned by or licensed to Freshforcedetox and is protected by copyright, trademark, and other intellectual property laws.
6.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use the Website and Content for personal, non-commercial purposes. This license does not include:
- Modifying or copying the Content
- Using the Content for commercial purposes
- Attempting to reverse engineer any software
- Removing any copyright or proprietary notices
- Transferring the Content to another person
6.3 Trademarks
"Freshforcedetox" and associated logos are trademarks of Freshforcedetox. You may not use these trademarks without our prior written permission.
7. User Content
If you submit content to our Website (such as testimonials, comments, or feedback), you:
- Retain ownership of your content
- Grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute your content
- Represent that you have the right to submit such content
- Agree that your content does not violate these Terms or any applicable law
We reserve the right to remove any user content at our discretion.
8. Third-Party Links
Our Website may contain links to third-party websites or services. We do not control and are not responsible for:
- The content or practices of third-party sites
- Any damage or loss caused by third-party sites
- The privacy practices of third-party sites
We encourage you to review the terms and privacy policies of any third-party sites you visit.
9. Consumer Law (New Zealand)
Nothing in these Terms limits your rights under mandatory New Zealand consumer law, including:
- Consumer Guarantees Act 1993 (CGA): If you acquire our services as a "consumer" under the CGA, our services come with guarantees that they will be carried out with reasonable care and skill, be fit for any particular purpose you told us about, and be completed within a reasonable time when no time is set. If we fail to meet a guarantee, you may be entitled to remedies such as correction of the service, refund, or compensation, depending on the circumstances and severity of the failure.
- Fair Trading Act 1986: We must not engage in misleading or deceptive conduct in trade, including in advertising and on this Website.
If you purchase coaching services from us, any voluntary cancellation or refund terms will be confirmed in writing before payment. Where those terms differ from your rights under the CGA, your statutory rights prevail.
If you believe we have breached consumer law, you may contact us or seek information from the Commerce Commission.
10. Disclaimers
10.1 No Warranties
THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 No Professional Advice
The information provided on this Website is for general educational purposes only and should not be considered professional advice. We do not provide medical, psychological, or therapeutic services.
10.3 Results May Vary
Individual experiences with our coaching services may vary. We do not guarantee any specific results or outcomes from using our services.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW (including the CGA, which does not permit liability to be excluded for guarantees that apply to consumers), FRESHFORCEDETOX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Any loss of profits, data, or goodwill
- Any damages resulting from your use or inability to use the Website
- Any damages resulting from unauthorized access to your account
Our total liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless Freshforcedetox and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Website or services
- Your violation of these Terms
- Your violation of any rights of another party
- Your user content
13. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of significant changes by:
- Posting the updated Terms on this page
- Updating the "Last updated" date
- Sending notice via email for material changes (if applicable)
Your continued use of the Website after changes constitutes acceptance of the modified Terms.
14. Termination
We may terminate or suspend your access to the Website at any time, without prior notice, for any reason, including violation of these Terms. Upon termination:
- Your right to use the Website ceases immediately
- Provisions that should survive termination will remain in effect
15. Governing Law
These Terms are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the New Zealand courts. If you are a consumer, you may also have rights to bring proceedings in other jurisdictions where consumer laws allow.
16. Dispute Resolution
Before initiating court proceedings, please contact us so we can try to resolve your concern informally within 30 days. Depending on the nature and value of your claim, you may also use:
- Disputes Tribunal: For many consumer disputes up to $30,000 (or higher by agreement), as administered under the Disputes Tribunal Act 1988
- Commerce Commission: For complaints about misleading conduct under the Fair Trading Act 1986
Nothing in this section prevents either party from seeking urgent injunctive relief where appropriate.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Freshforcedetox regarding your use of the Website and supersede any prior agreements.
19. Contact Information
For questions about these Terms, please contact us:
Freshforcedetox
7 Fifth Avenue East
Tauranga 3110, New Zealand
Email: connect@freshforcedetox.world
Phone: +64 7 578 8621