terms & conditions
Terms of Use
These terms and conditions govern the use of this Service provided on behalf of your Merchant by Mitchell Weston Nutrition Limited trading as belle époque.
Mitchell Weston Nutrition Limited is a registered company in New Zealand (company number 7868319) with its registered premises at 25 Pollen Street, Grey Lynn, Auckland, 1021 (belle époque).
The following terms of use govern all use of the belle époque website (Website), and also including the Service, and all other content, services and products (if any) provided by, at or through, the Website.
By accessing the Website, and using its content, services or products (if any), you (Client) confirm and acknowledge that you have read and agree to these terms of use. It is important that you read these terms of use carefully. If you have any questions, please contact us.
Intended Users
The Website is intended to be used by you for the purpose of making bookings or managing bookings for nutrition consultations provided by Merchants.
Definitions
Content means information or other electronic data uploaded by the you to its Online Account.
Client, you, or your means the individual who accesses the Website and/or Service.
Intellectual Property Rights means any patents, copyright, database rights, design rights, registered designs, trademarks or service marks or know how (whether registered or not and including any applications or rights to apply for registration) and all rights or forms of protection of a similar nature subsisting anywhere in the world.
belle époque means Mitchell Weston Nutrition Limited, the New Zealand registered company who has its registered premises at 25 Pollen Street, Grey Lynn, Auckland, 1021.
Merchant means nutrition consultants who utilise the Service.
Online Account means your individual online domain space provided by belle époque onto which you can load Content.
Service means a cloud based scheduling system enabling Clients to make and manage bookings with Merchants.
Software means any software owned by or licensed to belle époque by third party licensors for the provision of the Service.
General Terms
belle époque on behalf of itself and any third party licensor(s) of the Software and Service retains all rights and title to the Software, the Website, the Service and, except as set out below, no Intellectual Property Rights or goodwill therein are transferred to you the Client.
In relation to the Service:
you are granted a non-exclusive, non-transferable right to use the Service;
you agree not to copy the Service or the Software or to reverse assemble or attempt to derive source code from the Software;
you must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so;
you may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose; and
you agree to comply with all governmental or other regulations relating to the use of the Service.
You may only download and only print extracts from the Website including the Service for your own personal use.
You must not remove or alter copyright and other proprietary notices contained on the Website.
You may not commercially exploit the Website (or any part of it) in any way.
You acknowledge that the Website utilises technology called “cookies” to collect information about how the Website is used. Information gathered through cookies may include the date and time of visits, the pages viewed, time spent at the Website, and websites visited just before and just after visiting the Website.
Providing Content
You warrant that you have provided complete, accurate and current personal information when registering Content. You must maintain and update the Content held by belle époque to ensure it is kept current at all times. belle époque may contact you including by phone or mail to verify these details. You must not register as a member under multiple identities or personas (whether false or not).
belle époque reserves the right to decline to register or to terminate your membership without entering into further discussions with you.
You are responsible for keeping your login information, including email address and password, secret and secure. Without limiting this clause 4.3, you agree:
not to permit any other person to use your Content or Online Account; and
not to disclose, or provide to any other person, your password or any other information that would enable that person to access your Content or Online Account.
Privacy
In addition to rights set out in clause 10 below, belle époque collects, uses and discloses personal information about you.
Information you give us: belle époque collects and records personal information which you voluntarily provide through completing forms on the Website, through electronic mail you send to us, or through other means of communication between you and belle époque. The categories of personal information you provide may include contact details and personal data including health information. This information will be collected, stored, accessed and processed in a secure manner.
Information we collect from you: belle époque collects, stores and uses information about your visits to the Website and about your computer, tablet, mobile or other device through which you access the Website. This includes the following information:
general non-personal information pertaining to users of the Website’s technical information, including the Internet protocol (IP) address, source domain names, specific web pages, length of time spent, and pages accessed, browser type, internet service provider, device identifier, your login information, time zone setting, browser plug-in types and versions, operating system and platform, and geographical location;
information about your visits and use of the Website, including the full Uniform Resource Locators (URL), clickstream to, through and from the Website, pages you viewed and searched for, page response times, length of visits to certain pages, referral source/exit pages, page interaction information (such as scrolling, clicks and mouse-overs), and website navigation and search terms used.
If you do not wish to provide belle époque with your personal data and processing such data is necessary for the performance of a contract with you and to fulfil our contractual obligations to you, belle époque may not be able to perform all obligations under the contract between us.
Where you provide consent, you can withdraw your consent at any time and free of charge, but without affecting the lawfulness of processing based on consent before its withdrawal. You can update your details or change your privacy preferences by contacting belle époque as provided in clause 11 below.
Changes to these Terms of Use
belle époque may at any time vary these terms of use. Revised terms of use will apply to the use of the Website, including the Services from the date of the publication of the revised terms of use on the Website. Please check this page regularly to ensure you are familiar with the current version.
Limitation of Liability
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of belle époque to you or any other person under or in connection with these terms and conditions, or in connection with the Services, this Website, a Merchant’s acts or omissions, another Client’s acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. belle époque’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
belle époque will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, belle époque takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Furthermore, belle époque takes no responsibility for the loss or corruption of any Client data or information or Content held by belle époque.
Any information relating to a Merchant’s business operations, including booking times or schedules, on the Website are provided to belle époque by the Merchant and belle époque accepts no responsibility for the accuracy of this information. All material on this Website is provided “as is” and belle époque gives no warranty of any kind regarding it, to the extent permitted by law.
Indemnity
The Client indemnifies and undertakes to keep indemnified belle époque against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by belle époque to a third party (including the Merchant) in settlement of a claim or dispute) incurred or suffered by belle époque arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
Links to other websites
The Website may contain links to third party websites. These third party websites are not under belle époques’ control and so belle époque is not responsible for the content or the links contained in those websites. We do not recommend or endorse the content of any third party website which may be linked to or from the Website, or the products or services of any third party mentioned or described on the Website.
The Website may contain advertisements for third parties' products and services. belle époque is not the party offering those goods or services for sale and does not necessarily recommend or endorse those goods or services, or make any other representation whatsoever about them.
Client's Content
You grant belle époque a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your Content in any existing or future media. You also grant belle époque the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or belle époque or any third party (in each case under any applicable law).
You must not submit any Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
belle époque reserves the right to edit or remove any material (including Content) submitted to the Website, or stored on its servers.
Notwithstanding belle époque’s right under this clause 10, belle époque does not undertake to monitor the submission of Content to, or the publication of Content on, the Website.
Contacts
If notice is required to be given to belle époque under these terms and conditions please contact belle époque via email at: sarah@benutrition.co.nz
Entire Agreement
These terms of use constitute the entire agreement (and supersede all previous agreements) between you and belle époque in relation to your use of the Website.
Governing Law
These terms of use are governed by the laws of New Zealand. The Client submits to the non-exclusive jurisdiction of the Courts of New Zealand.