1.1 “The Breathe Clinic” shall mean DR Ceniza Limited T/A the Clinic and its successors and assigns.
1.2 “Client” shall mean the Client and any person acting on behalf of and with the authority of the Customer.
1.3 “Guarantor” means that person (or persons), or entity that agrees herein to be liable for the debts of the buyer on a principal debtor basis.
1.4 “Goods” are as defined in the Contract and Commercial Law Act 2017 Part 3 Subparts 1-6 and are the goods supplied by the Breathe Clinic to the Client (and where the context so permits shall include any supply of Services as hereinafter defined).
1.5 “Services” shall mean all services supplied by the Breathe Clinic to the Client and Includes any advice or recommendations.
2.1 Any instructions received by The Breathe Clinic from the Client for the supply of Goods shall constitute acceptance of the Terms and Conditions contained herein.
(a) Where such acceptance by the Client is acknowledged by means of Electronic Transmission the provisions of the Contract and Commercial Law Act 2017 Part 4 Subpart 1 will apply.
2.2 Where more than one Customer has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these Terms and Conditions by the Client the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with the written consent of the manager of the Seller.
3. GOODS / SERVICE
3.1 The Goods and or Services are as described on the invoices, quotation, estimate, work authorisation or any other work commencement forms as provided by the Seller to the Client.
4. PRICE and PAYMENT
4.1 At the Sellers sole discretion the Price shall be the Sellers Quoted Price, which shall be binding upon the Seller provided that the Client shall accept in writing the Sellers quotation within 30 days.
4.2 At the Sellers sole discretion a deposit may be required. The deposit amount or percentage of the price will be stipulated at the time of order of the Goods/Services and shall become immediately due and payable and is non-refundable.
4.3 Full payment must be paid and cleared two days before the consultation/course starts, and the Client will be liable for the balance of payment for the consultation/course whether they attend the course or not.
4.4 Payment will be made by cash, cheque, bank cheque or direct credit, or any other method as agreed to between the Seller and the Client.
5. BREATHE CLINIC DISCLAIMER
5.1 The Breathe Clinic is not a Registered Medical Service Provider and does not represent itself as such. It makes no claims as to the Clients eventual outcome other than those based on its observations and experience in this field of expertise.
(a) If In the opinion of The Breathe Clinic the Client should seek help from a registered medical practitioner of whatever medical field, they will advise and recommend that the Client should obtain such assistance.
5.2 The Breathe Clinic provides a course of practical expertise that may significantly Improve the breathing ability of the client through written and verbal coaching Instruction
5.3 It is the responsibility of the Client to follow any instructions received from The Breathe Clinic including but not limited to required practice in the techniques demonstrated away from the premises of Breathe Clinic. Failure to complete the required coursework after regular assessment from The Breathe Clinic and on written notice may cause the Client to be withdrawn from the course without return of fees paid. The Breathe Clinic has no liability for any losses or damages from such action.
6. CLIENT DISCLAIMER
6.1 The client agrees to complete the prescribed course and will complete all practical work and study required by The Breathe Clinic.
6.2 The client accepts they employ the services of The Breathe Clinic based on their own judgement and agree to abide by all the Terms and Conditions In this agreement. The Client agrees that they understand The Breathe Clinic offers a course of remedial advice and are not representing themselves as registered medical practitioners.
7. INTELLECTUAL PROPERTY
7.1 The Client may not use any materials supplied by The Breathe Clinic for any other purpose other than for their intended use by The Breathe Clinic.
7.2 The Client may not edit, add to, or in any other way use any material or techniques supplied by The Breathe Clinic in such a manner that may infringe any third-party copyright and in addition may not use any material supplied by The Breathe Clinic in any way that might Infringe on The Breathe Clinic’s Licensing, or any other arrangements.
7.3 The Client is liable for any costs arising through breach of any copyright or licensing agreement.
8. DEFAULT & CONSEQUENCES OF DEFAULT
8.1 Interest on overdue invoices shall accrue from the date when payment becomes due and daily until the date of payment at the rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgement.
8.2 If the Client defaults on payment of any invoice when due, shall indemnify The Breathe Clinic from and against all of The Breathe Clinics costs and disbursements including on a solicitor and own client basis and in addition all of The Breathe Clinics nominees cost of collection.
9. CLIENT CONFIDENTIALITY
9.1 The Breathe Clinic will keep confidential any personal information obtained in the course of the programme on the state of the Clients health and will not release that information to any third party without the express written permission of the Client.
10. PRIVACY ACT 1993
10.1 The Client and the Guarantors (if separate to the Client) authorises The Breathe Clinic to collect, retain and use any information about the Client, for the purpose of assessing the Clients creditworthiness or marketing any Goods and Services provided by The Breathe Clinic to any other party.
10.2 The Client authorises The Breathe Clinic to disclose any information obtained to any person for the purpose set out in clause 10.1
10.3 Where the Client is a natural person the authorities under (clause 10.1 and 10.2) are authorities or consents for the purpose of the Privacy Act 1993.
11. CONSUMER GUARANTEES ACT 1993
20.1 The guarantees contained In the Consumer Guarantees Act 1993 are excluded where the Goods acquired from The Breathe Clinic are for the purpose of a business in terms of Section 2 and 43 of that Act.
12.1 All Goods and Services supplied by The Breathe Clinic are Subject to the laws of New Zealand and that Breathe Clinic takes no responsibility for changes in the Law that affect the Goods and Services supplied.
12.2 If any provision of these Terms and Conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected or prejudiced or impaired.
12.3 The Breathe Clinic shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by The Breathe Clinic of these Terms and Conditions.
12.4 In the event of any breach of this contract by The Breathe Clinic the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of The Breathe Clinic exceed the price of the Goods.
12.5 Neither party shall be liable for any default due to any act of God, terrorism, war, earthquake strike, lock out, industrial action, flood, storm or other event beyond the reasonable control of either party.
12.6 The Breathe Clinic shall not be liable for errors or omissions arising from oversight or a misinterpretation of the Clients verbal instruction.