Terms of Use
By accessing and using www.SOHL.global and any related website (the Website), including purchasing Products on the Website, you agree to be bound by these SOHL Website Terms of Use outlined below and our Privacy Policy (together, General Terms and Conditions).
You confirm that you have read, and that you agree with, our General Terms and Conditions. If you have not read, or if you do not accept, our General Terms and Conditions, you are not authorised to use our Website or to purchase our Products.
These General Terms and Conditions may be amended from time to time and it is your responsibility to regularly check this section on the Website to ensure you are aware of our current General Terms and Conditions. By continuing to use the Website, you agree to be bound by the amended General Terms and Conditions.
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Operation of the Website
- The Website is a venue where we advertise and provide our Products and related information. You may browse our Website to view the Products and other content on our Website, subject to these General Terms and Conditions.
- You must be over 18 years of age to use our Website and to purchase our Products. For some countries, states and areas you may need to be older than 18 years of age, in which case you must be the relevant age. Either way, you agree you can form a legally binding contract that is enforceable against you under applicable law.
- The information on our Website and information related to the Products sold on our Website is not a substitute for professional medical advice, or diagnosis, and should not be interpreted as a claim of treatment or cure for any medical condition. For example, we have identified areas where red and near-infrared therapy shows potential, and we have engineered Products to target those areas. We have engineered our Products in good faith based on the information known to us from our research but you should do your own research and you should seek advice from your healthcare provider as to whether our Products are suitable for you. All information we have acted on when making our Products or that we present on our Website or otherwise in connection with our Products is acted on and presented by us in good faith and for general information only. All specific medical questions should be presented to your own healthcare provider.
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Pricing and Payment
- Our prices are listed on the Website or otherwise as we may communicate to you from time to time. We reserve the right to amend our prices from time to time.
- At the time of selecting a particular Product, you agree to make payments in advance by credit card or debit card (if available), as detailed on the Website.
- All prices are exclusive of bank fees, credit card fees, currency fees and taxes, unless otherwise indicated by us (for example, GST is included in our prices if stated). You agree to pay, and indemnify us for, any such fee that may be payable on our prices that we charge you.
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Change in Products
- We may change or alter our Products from time to time as we see fit, including Product descriptions and pricing.
- We may stop providing our Products, or certain Products, from time to time as we see fit.
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Representations and Availability
- There may be typographical errors, inaccuracies or omissions on the Website, including relating to our Product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, which we are not liable for.
- Colours and images of our Products may appear different on your computer or other device you are using, which we are not responsible for.
- All Products are subject to availability, at our discretion.
- We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction.
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
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Shipping, Exchange and Refund Policy
- Please inspect your Product upon receipt and contact us immediately (at somebody@SOHL.global) if the Product is defective, damaged or if you receive the wrong Product, so that we can evaluate the issue and make it right. You will need to provide all the information we ask for so that we can assess your claim. We will otherwise not be able to process your claim.
- We are not responsible for damage to the Product that occurs during transit or delivery to you, or when returning the Product to us.
- If we accept your claim or if we need to inspect the Product to better assess your claim, we will send you a return shipping label, as well as instructions on how and where to send your package.
- We will notify you once we have received and inspected your returned Product. If we agree with your claim, we will:
- exchange the Product for a new, equivalent Product; or
- provide you with a refund.
- The election of whether to exchange the Product or provide you with a refund will be at our discretion. This is unless the New Zealand Consumer Guarantees Act 1993 applies and the Product has a major fault (in which case it is your choice whether you opt for a replacement or a refund) or if there are other applicable laws that provide you with this choice and that are not excluded under these General Terms and Conditions. If we approve a refund, you will be refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund.
- Original shipping costs are not refundable.
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Restrictions on sales
- You may only purchase Products for your personal use or to gift to others or otherwise allow others to use.
- You may not purchase Products for the purpose of resale, whether in your country of purchase or elsewhere.
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Use of the Website and SOHL Content
- When using the Website or SOHL Content, you agree you will not use the Website or SOHL Content in any manner that is unlawful or prohibited by the General Terms and Conditions.
- Without limiting clause 7.1, you agree you will not (directly or indirectly):
- hack into any part of the Website or SOHL Content through password mining or other means;
- commit or encourage a criminal offence;
- defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy) of others;
- disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other Users;
- impersonate any other person, or forge any material in order to disguise the origin of any SOHL Content or communications sent through the Website;
- transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us, or harvest information about other Users in order to transmit or facilitate the transmitting of such materials;
- attempt to modify, reverse engineer or reverse-assemble any part of the Website or SOHL Content;
- breach any applicable laws or regulations; or
- engage in any other conduct that we consider (in our absolute discretion) breaches the General Terms and Conditions or is otherwise inappropriate for the Website.
- Without limiting clauses 7.1 and 7.2, you agree you will not provide to us or post or transmit any content on the Website or any website linked to the Website or related social media page that:
- is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable;
- is or is reasonably likely to be unsuitable for persons under the age of 18 years;
- infringes the IP Rights of any person;
- infringes any confidentiality or privacy obligations or other contractual or legal obligations owed to any Third Party;
- is incorrect or inaccurate;
- is false or misleading or deceptive;
- contains any virus (including malware or spyware) or other destructive component;
- is prohibited by or violates any applicable laws or regulations; or
- otherwise breaches the General Terms and Conditions.
- We reserve the right to remove or delete any content which we reasonably believe breaches the requirements set out above.
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SOHL Content and IP Rights
- You acknowledge that we are the owner, or an authorised licensee, of all IP Rights vesting in the SOHL Content. No SOHL Content may be copied, modified, reproduced, published or transmitted without our prior written consent.
- You may view or otherwise use SOHL Content, provided:
- you do not share it with anyone else;
- you only use it for the purpose for which it was provided to you; and
- you otherwise only use it in compliance with these General Terms and Conditions.
- Your use of the Website or the Products does not provide you with any IP Rights in relation to the Website, the Products, or the SOHL Content.
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Links to Other Sites
- The Website or our Products may include links to Third Party Sites. If you visit a Third Party Site, you will be subject to the terms and conditions of that site and any dealing will be solely between you and that Third Party Site. These links do not imply our endorsement of that Third Party Site or product or service being advertised (as applicable) or any association with their operators.
- The Website or our Products may be linked to various social networking sites. You acknowledge and agree that:
- any comments or content that you post on such social networking sites are subject to the terms and conditions of the social network site that you post the comments or content on; and
- we are not responsible or liable for any comments or content you or others post on social networking sites.
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Liability
- We do not warrant or guarantee:
- the accuracy or correctness of the SOHL Content on the Website;
- that the SOHL Content will be free from viruses (including malware or spyware) or other destructive properties; or
- that the operation of the Website will be uninterrupted or error free,
and to the fullest extent permitted by law we will not be liable for any loss or damage arising directly or indirectly from the above. You acknowledge that the risk as to the operation and performance of the Website and the accuracy and adequacy of the SOHL Content lies with you.
- The Website may contain content that is developed and/or provided by third parties. We:
- do not endorse or warrant any Third Party content used, displayed or available on the Website; and
- take no responsibility for the Third Party content and any representations made.
- You are entirely responsible for what you do with our Products. To the fullest extent permitted by law, we exclude all liability and responsibility related to your use of our Products, what you do with them, and any issues or injury you (or any other person, directly or indirectly) suffer while using our Products or related to such use.
- To the fullest extent permitted by law, we exclude all liability and responsibility we may have to you or to any other person under or in connection with these General Terms and Conditions, the Products or provision of SOHL Content. This exclusion applies regardless of whether such liability arises in contract (including breach of implied warranty), tort (including negligence), equity, breach of statutory duty or otherwise, and includes liability for any incidental, consequential, exemplary, special, or indirect damages (including loss of profits, revenues, data and/or use).
- Nothing in these General Terms and Conditions limits rights you may have under the New Zealand Consumer Guarantees Act 1993 relating to the quality of the Products we provide. However, if you are a business or if you are located outside of New Zealand, you agree that the Consumer Guarantees Act 1993 does not apply to you.
- Nothing in these General Terms and Conditions limits rights you may have under other applicable laws outside of New Zealand relating to the quality of the Products we provide. However, if such laws can be contracted out of, you agree that such laws do not apply to you with respect to our Products.
- As with any use of online services to provide, upload, store or transmit information, there is a risk of unauthorised access or use of that information by others. You agree you bear the risk that any confidential information you provide, including personal information, could be improperly used or disclosed by any other person and you agree that we are not liable for this.
- We take no responsibility for any system unavailability, or for any loss that is incurred as a result of Third Party software or services being unavailable. Further, you agree we assume no responsibility or liability for the corruption of your data or any Third Party data, including such data held by a Third Party.
- You must take your own steps to ensure that the process which you employ for accessing our Website and Products does not expose you to the risk of viruses or other forms of interference which may damage your computer system or expose you to credit card fraud, which you are responsible and liable for.
- We make no representation or warranty that the SOHL Content is appropriate for use in all countries or that such content satisfies the laws of any country (including New Zealand). If you choose to use SOHL Content, you do so of your own initiative. You agree you are responsible for ensuring that your plans and documents are suitable for your own compliance with applicable local laws.
- You must take reasonable steps to mitigate any loss, damage, cost or expense you may suffer or incur arising out of anything done or not done in connection with these General Terms and Conditions. We will not be liable for any liability caused by your failure to mitigate any loss, damage, cost or expense.
- Where we are unable to limit liability under these General Terms and Conditions due to an applicable law, you agree that our liability will be limited to the amount you paid us for the relevant Product.
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Indemnity
- You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs), expenses or losses arising (directly or indirectly) out of:
- your breach of any of the General Terms and Conditions;
- any transactions with any Third Parties, including Third Party Sites;
- any reliance by you on SOHL Content or any other content on the Website or any link to a Third Party website or social media page;
- any technical errors or corruption of data on the Website; or
- your use of the Products.
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Changes to Website, Products and Service
- We may at any time without notice remove, amend and/or vary any of the SOHL Content on the Website, the Products, or cease operating the Website in whole or in part.
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Dispute Resolution
- If you are unhappy with us or our Products for any reason, we would like to be the first to know. You may do so by contacting us at somebody@SOHL.global
- Where any dispute arises between us, we (you and us) agree to in good faith use best endeavour to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action.
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No Waiver
- No failure or delay by us to exercise any right or remedy provided for under the General Terms and Conditions, or by law, will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that, or any other, right or remedy.
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Assignment
- We may, at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under these General Terms and Conditions to any person or party.
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Severability
- If any portion of these General Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.
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Third Parties
- These General Terms and Conditions do not confer a benefit on any person who is not a party to the agreement.
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Applicable Law
- These General Terms and Conditions are governed by and will be construed in accordance with the laws of New Zealand.
- You submit to the non-exclusive jurisdiction of the courts of New Zealand.
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Variation
- No variation of these General Terms and Conditions will be effective unless it is in writing.
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Further Information
- If you require any further information, or if you have an issue or complaint, please contact us at somebody@SOHL.global
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Definitions
- WHEALTH LIMITED is the owner/licensee of the Website, business and related IP Rights, and provider of the Products. WHEALTH LIMITED may also be referred to as “SOHL”, "we", "our", "us" or "it" in any correspondence with you and throughout any page of the Website, including the General Terms and Conditions.
- You, as a User of our Website and Products, may be referred to as "you", or "User".
- In the General Terms and Conditions, the following words have the meanings set out below:
IP Rights means any trade marks (including SOHL), copyright and all other intellectual property rights.
Products means the products advertised or provided on the Website.
SOHL Content means any content, text, graphics, user interfaces, visual interfaces, photographs, videos, trade marks, logos, sounds, music, artwork, computer code and other material or data on the Website or provided to you as part of our Products and related services, and includes the Products themselves.
Third Party means any party that is not a party to these General Terms and Conditions (i.e. is not you or us).
Third Party Sites means any Third Party website, site or page (including social media sites and pages).
User means any user of the Website.