Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Evolution Healthcareâs relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
Terms of use
These terms govern your use of www.proactivehealthcare.co.nz (the âwebsiteâ). By viewing and using this website, you agree to these terms of use.
Disclaimer
All information is provided âas isâ and we accept no responsibility, and will not be liable, for any errors, omissions or inaccuracies in the information on this website. [You are solely responsible for the use or reliance you place on any health or other information provided on the website.] To the fullest extent permitted by law, Evolution Healthcare disclaims and excludes all liability for any claim, loss, demand or damages of any kind whatsoever (including for negligence) arising out of or in connection with the use of either this website or the information, content or materials included on this site or on any website we link to.
If you are consumer you may have rights under the New Zealand Consumer Guarantees Act 1993 and Australian Consumer Law; New Zealand Fair Trading Act 1986 and Australian Competition and Consumer Act 2010 in relation to your use of this website and any products and services you may purchase from this website. Nothing in these terms will affect or limit those rights or remedies.
Links to other sites and providers
Any links to third-party materials or websites on this website are provided for your convenience only. Unless clearly stated otherwise, Evolution Healthcare is not responsible for, and does not endorse, the accuracy or completeness of those third-party materials or websites.
You are solely responsible for and assume all risk associated with any use or reliance placed on third party materials or websites.
Continuity of service
Evolution Healthcare makes no warranty or representation, express or implied, as to continuity of service. It reserves the right to suspend, terminate or otherwise alter access to some or all of the websiteâs services at any time and without notice.
Your responsibilities
You must not:
Privacy
We will treat all personal information you provides us through the website in accordance with our privacy policy.
Other than personal information, which is managed in accordance with the privacy policy, any material you post to the website is considered non-confidential. This includes feedback or [submitted form].
Intellectual property
Evolution Healthcare, or its licensors, own all copyright and other intellectual property rights contained in this website. No part of this website may be modified, reproduced, transmitted, stored or otherwise dealt with (including in any other website or other electronic form) except as expressly provided for on the website or with the prior written consent of Evolution Healthcare, except that you may print, or download to your hard drive extracts from the website for your own personal use.
Revisions to these Terms of use
Evolution Healthcare may revise these terms of use at any time by publishing an updated version on this website. By continuing to use this website, you agree to the latest version of these terms of use.
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 monitorâs 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 âplace orderâ 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 partyâs 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 daysâ of delivery.
If we are unable to deliver the products within 30 daysâ 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:Â support@proactive4health.co.nz
New Zealand
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.
International
We do not deliver internationally, we only deliver to New Zealand addresses.
If you have any problems with your purchase, please contact us by emailing support@proactive4health.co.nz. 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.
You can purchase items from our online shop with or without a login to our online portal. You are welcome to sign up to our portal either to purchase items from our online shop or to use the portal as part of our healthcare service. You must agree to keep your login and password confidential and not allow anyone else to use them. You will be responsible for all activity that occurs under your account or password. We will not be liable for any loss or damage that occurs with your failure to comply with these obligations. All information provided to us will be used in accordance with our Privacy Policy. If you wish to cancel a username or password, or you become aware of any loss, theft or unauthorised use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time for any reason.
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.
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.
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.
We encourage you to read our full Privacy Policy which is incorporated by reference into these Terms and Conditions. By using the site, you agree to the Privacy Policy.
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).