PURPOSE OF THE WEBSITE AND ONLINE SHOP
Welcome to the Proactive website and online shop. The site is owned by Proactive Rehab Ltd, and the purpose of the site is to provide you with information about us, our products, services and clinics, healthcare partners, initiatives we support and activities we undertake. In addition you can purchase products and services through the site.
PRODUCT AVAILABILITY AND SPECIFICATIONS
Prices and availability of the products and services listed on the site are subject to change without notice. All prices listed on the site are displayed and charged in New Zealand dollars (NZD) inclusive of goods and services tax.
Please check prices when ordering. If there is an error in the price shown for an item on this website we will inform you of this as soon as possible. We may cancel any orders placed for the item at the incorrect price, whether or not we have confirmed the order. If you have paid for the products before the order is cancelled, we will refund your payment. By placing an order you agree to pay the price for the products and any applicable delivery charge.
We try to depict the product colours as accurately as we can in our online shop, however because your monitor may show a slight differences to the colour and tone, we cannot guarantee that your monitor’s display will be accurate.
Our products may go out of stock or be unavailable. We reserve the right to withdraw or suspend from sale any products displayed or this website, either temporarily or permanently, at any time without notice to you. If products go out of stock or are otherwise unavailable after payment has been debited from your account, we will promptly notify you by email and either give you the option of a credit toward another purchase or cancel the item from your order and refund your account in full for that item.
By placing an order on this website you warrant to us that you are aged 18 or over and resident in New Zealand. If you place an order for someone else to receive products you must obtain their consent before providing us with their personal information and, by placing an order, you confirm to us that you have done this.
When you place an order via the website, this is deemed to be an offer by you to form a contract to purchase the products referred to in that order on these terms and conditions, at our price for those items at the time we process that order and our performance of any contract is expressly made conditional on your agreement to these terms unless otherwise specifically agreed in writing between you and us.
If you have purchased the product by Credit Card or PayPal, once that payment has processed we will send you an email confirming receipt of your order and confirm if the products are available and when they will be dispatched to you. If you have purchased by Direct Bank Transfer, we will wait until the funds have cleared in our account, before sending you an email confirmation email as above. The contract between you and us is formed when we send you the email accepting your offer to purchase the products specified in your order and confirming that those products are available and will be dispatched to you.
Each order that you place will, if accepted by us, be a separate and binding agreement between you and us with respect to the supply of the relevant products, in accordance with these terms and conditions.
We reserve the right to decline all or part of your order before the contract is formed for any reason whatsoever. If we do this we will notify you by email.
Please ensure that you enter all information carefully when placing an order. You warrant to us that all information provided by you in relation to each order is complete, true and accurate. You will have an opportunity to identify and correct any input errors you make until you press the ‘place order’ button.
Payment through online shop may be made by Direct Bank Transfer or by the third party service PayPal. Paypal uses precautions to keep your information secure. Proactive is not liable to you however for any failure of performance, system, connection failure, error in connection with your accessing any third party website and using that third party’s services.
The internet can be an unstable, and sometimes insecure, marketplace. Except to the extent otherwise required by law (including, without limitation New Zealand Consumer Guarantees Act 1993), we are not liable to you, or any other person, for any losses caused as a result of unauthorised access to payment related information you provide us when placing an order, except where this is caused by our negligence.
We dispatch online shop orders to our customers as quickly as possible, you can expect to receive your order within 2-5 business days of placing it. We stock the most popular shop items here at our Proactive HQ, others we may need to order in on your behalf and our delivery time is dependent on our suppliers. In the unlikely event our suppliers are out of stock there may be a longer delay, and we will advise you by email.
You acknowledge and agree that any times or dates given by us for delivery of the products are estimates only and we are not liable for any delay in delivery. Orders placed during a weekend or public holiday may be delivered outside of this timescale. We make every effort to dispatch our products on time, but, except to the extent required by law (including without limitation the New Zealand Consumer Guarantees Act 1993), we do not accept liability for a failure to deliver within the stated time or shortages, incorrect orders or damage to deliveries which are apparent on delivery unless you notify us in writing within 7 days’ of delivery.
If we are unable to deliver the products within 30 days’ beginning with the day after our acceptance of your order, you will be entitled to cancel the order and require any amounts paid to us in respect of that order to be refunded.
Where you place separate orders the products will be delivered separately and a separate delivery charge will apply to each order. Where you order more than one item in one order, all products for which your order is accepted at the same time will be dispatched together where practicable. However, in some cases products may be dispatched separately.
You acknowledge that risk in the products passes to you upon delivery of the products to your nominated delivery address in your order but title to the products passes to you on the date on which full payment has been received by us for all the products supplied to you.
Send any queries to: [email protected]
Delivery is free for single order transactions over $100 within New Zealand. Orders under $100 will incur a flat rate $5 shipping fee. We use CourierIt to send purchases from our online shop, and this is a non-signature service. We can send items by signature post if asked, but this may incur an extra fee.
We do not deliver internationally, we only deliver to New Zealand addresses.
RETURNS AND REFUNDS
If you have any problems with your purchase, please contact us by emailing [email protected] We accept responsibility for breakages in transit within New Zealand but we need you to keep the damaged item so the courier company can see the damage. We offer an exchange or refund for damaged items through transit or if they have an inherent product defect, but we will need you to return the product in question to us so we can follow up with our suppliers. You must notify us by phone or email within 7 days on receipt of a damaged product, otherwise we may not be able to guarantee exchange or replacement. We cannot accept responsibility of the product once delivery has been made.
Your purchase of Products will be subject to certain laws, including, without limitation, the New Zealand Consumer Guarantees Act 1993. We acknowledge that our products come with guarantees that cannot be excluded under the New Zealand Consumer Guarantees Act 1993.
Notwithstanding anything to the contrary in these terms and conditions, where, in spite of our reasonable efforts, we are unable to perform an obligation due to an act of force majeure including acts of God, civil commotion, riots, flood, drought, fire and legislation, we shall not be deemed to be in breach of our contract with you.
Passwords may be disabled by us without notice to you if we consider that to be necessary to maintain the integrity or security of this website. You must notify us immediately if you become aware of any actual or potential unauthorised use of your username or password. If we suffer any loss, damage, cost or expense as a result of any unauthorised use of your username or password which takes place before you notify us, then you must pay us the amount of that loss, damage, cost or expense, if we ask you to.
YOUR USE OF THE WEBSITE
You agree not to use this website to:
(a) upload, post or otherwise transmit or disseminate any software, material, comment or information that is unlawful, tortious, obscene, vulgar, defamatory, pornographic, indecent, lewd, harassing, threatening, hateful, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or racially, ethnically or otherwise objectionable;
(b) infringe the copyright or other intellectual property rights of any other person;
(c) undertake any purpose that is unlawful or not permitted by these terms and conditions;
(d) interfere with the operation of this website via the use of viruses, programs or technology designed to disrupt or damage software or hardware, including damaging, disabling, overburdening or impairing this website or interfering with any other party’s use and enjoyment of this website;
(e) employ a robot, spider or other process or device to harvest e-mail addresses or other information or to monitor activity on this website;
(f) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website; or
(g) impersonate another person or entity or to forge any e-mail communication or message.
You agree that your use of and reliance on information on this website is entirely at your own risk. You acknowledge that while we endeavour to ensure that the information we have provided on this website is accurate, we do not make any representation or warranty that the information we have provided is accurate or up-to-date.
LINKS TO AND FROM THIS WEBSITE
From time to time this website may include links to other websites. Those websites are not under our control. The links are provided for your convenience only. We do not endorse, and are not responsible for the content, validity, accuracy or your use of, those websites. You should check the terms and conditions of use of those websites before you use them.
You may not create a link to this website from another website (other than to the home page) without our prior written consent, which may be given or withheld at our sole discretion.
We may collect personal information with you (including name, phone number, email postal address) when you register on our online portal or place an online order, contact us with a question or concern or participate in a promotion. We receive and collect the domain and host from which you access the Internet; the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our site; and any search engine or inbound hyperlink used to reach this website. This information is used only for statistical purposes and in regards to how we may enhance your experience. We will never give, lease, sell or otherwise disclose your personal information to any third parties except where required by law. You are entitled to ask us whether or not we hold personal information about you, have access to that information and request that such information be corrected if it is inaccurate.
Our web servers may place cookies on your computer. These are only accessible by us and will only be used to track the pages of the website visited by you, in order for us to build a better site more tailored to your needs and interests. If you do not want information to be collected by cookies there is a simple procedure in most browsers, which allows you to turn off the cookie function. Certain features of this website may be unavailable to you if you turn off cookies.
We are the owners or licensed users (as applicable) of all intellectual property rights used on or in connection with this website, including (but not limited to) the copyright material, patents and trademarks used on this website.
No licence is granted to any person in respect of the intellectual property rights used on this website as a result of publication on this website. If you wish to use any intellectual property of a third party you will need to obtain the consent of that third party.
You agree and acknowledge that you will not adapt, reproduce, store, distribute, display, publish or create derivative works from any information on this website without our prior written permission.
Unless otherwise stated, you are permitted to access, view, copy, print (in limited quantities) or temporarily store textual material published by us on this website for your personal use only. Any copyright notice on that information must be retained on the copy.
Unless otherwise specified, the content of this website is directed solely at those who access the website from New Zealand. We make no representation that any goods or services referred to on the website are appropriate for use, or available, in locations outside of New Zealand. Accessing this website from any jurisdiction where its contents are illegal is prohibited.
You may not use this website, or export or re-export any products you purchase from us, in violation of import or export laws and regulations. If you access this website from a location outside of New Zealand you are responsible for compliance with all local laws.
The information provided by Proactive is not intended as a substitute for medical advice. Our products are not intended to act as a replacement for a healthy diet. Please consult a doctor or medical practitioner if you have any symptoms that concern you or have a condition requiring medical attention. None of our products are intended to prevent, diagnose, treat or cure any disease.
You acknowledge and agree that to the maximum extent permitted at law, any and all liability of Proactive to you under or in connection with these terms and conditions, this website or your use of this website is excluded. This applies regardless of whether liability arises in contract, tort (including negligence), equity or by statute or other legislation, and whether such liability is for direct, indirect, consequential or punitive losses or damages, or loss of profit, income, data, business opportunity or anticipated savings.
To the extent permitted by law, apart from the express terms of these terms and conditions and (where applicable) the Consumer Guarantees, we exclude from these terms and conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom, except any guarantee, implied term or right conferred under any legislation (including the Consumer Guarantees Act, the exclusion of which would contravene legislation or cause all or part of this clause to be void).
REVISIONS TO TERMS AND CONDITIONS
We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of these terms and conditions at any time. Changes to these terms and conditions will be effective when the revised terms are posted on this website. The terms and conditions which apply at the time you place your order are the terms and conditions which will apply to your order.
You agree to indemnify, and keep indemnified, us and our directors, officers and employees against any and all actions, claims, proceedings, losses, liabilities, damages, costs and expenses (including legal costs) suffered or incurred by any of those persons arising out of or in connection with your use of this website and any breach by you of these terms and conditions.
These terms and conditions, your use of this website, any information contained on it, and any dispute arising out of such use of this website are subject to the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to these terms and conditions, your use of this website and any dispute arising out of such use of this website.
If you have any comments or queries about our site, please contact us by email [email protected]
This site is owned by Proactive Rehab Ltd trading as Proactive. All formal notices should be sent to us Attn: Proactive, PO Box 50623, Porirua 5240 or by courier address to Proactive, L1, 20 Parumoana St, Porirua, Wellington.