OVERVIEW
Live Life Well Ltd (“sarahtrass.com”, “we,” “us,” or “our”) welcomes you.
This website sarahtrass.com is owned by Live Life Well Ltd. Throughout the site, the terms “we” ”, “us” and “our” refer to Live Life Well Ltd.
Live Life Well Ltd offers this website, including all information, products, services, and product and services material available from this site to you, the user, conditioned upon your acceptance of all terms and conditions as stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/ or contributors of content, and state how you may use our products and services, and their content.
Any new features, tools, services, or products which are added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on the website homepage. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website without notice to you. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website and our products and services, following the posting of any changes constitutes acceptance of those changes.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service, whether or not you have read them. If you do not agree to all the terms and conditions of this agreement, then do not access the website or use any products or services.
CONSENT AND USE
By using or purchasing any of our products, services, and/or product and service materials you agree to abide by these Terms of Service as well as our disclaimer, Terms and Conditions, and Privacy Policy, and any other terms and conditions that may apply, and you are required to act in accordance with them.
All of our Products, Services, and Product and Service Materials are intended solely for users who are eighteen (18) years of age or older. If you are 18 years of age or older, but under the age of the majority in your jurisdiction/place of residence, you should review this agreement with your parent or guardian to make sure that you and your parent or guardian understand it, and they have given consent to allow you to use this site and any of its affiliated Products, Services, and Product and Service Materials.
We provide Visitors and Registered Users with access to the Services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website, and review and purchase our products and services through the website. No login is required for Visitors. Visitors can: (1) view all publicly-available content on the Website; and (2) email us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (1) access exclusive content available only to Registered Users who have subscribed to or purchased our products and services; (2) create, access, manage, and update their own personal accounts on the Website; (3) sign up for our various programs; and (4) sign up for alerts and other notifications.
Live Life Well Ltd is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Live Life Well Ltd may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Service.
BILLING AND PERSONAL INFORMATION
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. These restrictions may include orders placed by or under the same customer account, the same credit/debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to, or cancel, an order we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made from our website. You agree to promptly update your account and other information, including your email address, billing address, and credit/debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You must promptly contact us if your credit/debit card is lost or stolen, or if you become aware of a potential breach of account security. You hereby authorise Live Life Well Ltd to obtain or determine updated or replacement expiration dates for your credit/debit card in the event that the credit/debit card you provided expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit/debit card issuer, you hereby agree to pay all amounts due upon demand. In certain instances, the issuer of your credit/debit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit/debit card issuer for details.
All information obtained during your purchase or transaction for our Products and Services, and all the information that you give as part of the transaction (such as your name, address, method of payment, credit/debit card number, and billing information) may be collected by both us and our payment processing company. Per our Privacy Policy, please make sure that you review the Privacy Policy of our payment processor.
FEES AND PAYMENT
As consideration for any purchase you make on the Website, you shall pay Live Life Well Ltd all applicable fees and taxes. We (or our third-party payment processor) shall authorise your credit/debit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.
All prices stated on the current website are denominated and charged in New Zealand Dollars (NZD). International customers will be charged in the currency noted on the site prior to completing the purchase. If currency conversion is required, your bank may charge you a fee for this. Please refer to your bank terms and conditions for more information.
If paying by debit card or credit card, you give us permission to automatically charge your card as payment for your Product or Service without any additional authorisation, for which you will receive an electronic receipt. Should you be provided with an invoice instead, you are required to manually pay it by the date due on the invoice, or your Product or Service will be put on hold until payment is made.
If you fail to make the payment in accordance with these Terms of Service, or voluntarily decide to withdraw from our Products of Services at any time, you still will remain fully responsible for the full cost of the Products and/or Services.
You agree to only purchase Products and/or Services for yourself, or for another person for whom you are legally permitted to do so, or for whom you have obtained consent to provide their name, address, method of payment, credit/debit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf.
Since we have a clear and explicit Refund Policy in these Terms of Service, that you’ve agreed to prior to completing the purchase of any of our Products or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit/debit card company.
In the event that a chargeback is placed on a purchase, or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
We also reserve the right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections agency, and we may exercise our right to report your delinquent payment to credit reporting agencies, either directly or through the help of a collections agency.
REFUND POLICY
Please choose Products or Services carefully before completing your order, as no refunds, credits, or transfers are available.
By purchasing any of our Products and Services you understand and agree that all sales are final at the time of purchase and all payments must be paid to completion regardless of payment plan.
FORCE MAJEURE
Live Life Well Ltd shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, quarantine, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.
PERSONAL INFORMATION AND SECURITY
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below) is a material breach of this Agreement.
If we learn you have shared your Sign-in name and/or password with another person, we reserve the right to immediately terminate your access to the Product and/or Service, or any other related communication forums.
You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
We cannot, and will not, be liable for any loss or damage arising from your failure to protect your password or account information.
Collection of personal information. When you register for our Products and Services we request and require various personal data and/or confidential information (such as birthdate, special interests) to understand your needs and provide you with better services. In addition we may use such data and confidential information for the following reasons: (1) for internal record keeping, (2) to improve our Products, Services, Tools, and Product and Service Materials, (3) to periodically send promotions about new Products, Services, or other specialty offers, from which you may unsubscribe from at any time, (4) to aggregate, non-identifiable data for research purposes, (5) to customise the respective Products or Services you purchase, or use according to your interests and/or (6) for support or communication related to your Product, Service, or Product and Service Materials.
Storage. All data and confidential information is stored through a data management system. This data and confidential information can only be accessed by those who help manage that information in order to deliver email or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff, and affiliates, and those who manage the data management system, may have access to your confidential information.
When we can disclose confidential information. All confidential information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose confidential information and personally identifiable information if: (1) we are required to do so by law, (2) in good-faith believe that such action is necessary to conform to the law, (3) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (4) to protect and defend our rights or property, or those of our users or purchasers, and/or (5) to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your confidential information to third parties unless we have your permission or are required by law to do so.
Viewing by others. Note that whenever you make your confidential information or other information available for viewing by others, such as through our website, social media, or affiliated communication forums, the information that you share also can be seen, heard, collected, and used by others, and therefore we cannot be responsible for any unauthorised use by others of such information that you voluntarily share online or in any manner.
How we use cookies. We may use the standard “Cookies” feature of the major web browsers. We do not set any Confidential Information in Cookies, nor do we employ any data-capture mechanisms on our website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience of the website and some features of our Products, Services, and Product and Service Materials may not work as intended. We have no access to or control over any information collected by other individuals, companies, or entities whose website or materials may be linked to our Products, Services, and Product and Service Materials.
MODIFICATION TO THE SERVICES AND PRICES
We reserve the right at any time to modify or discontinue Products or Services (or any part or content thereof) without notice at any time. Prices for our products and services are subject to change without notice.
We will not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Product or Service.
INTELLECTUAL PROPERTY
Our Website, Products, Services, and Product and Service Materials – such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Live Life Well Ltd (collectively referred to as the “Content”) are owned by us and/or third party affiliates. The Content is protected under both New Zealand and foreign laws. Unauthorised use of the Content may violate copyright, trademark, and other intellectual property laws.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any Product or Service, may download onto their own machines and view the Content contained in such purchased Product or Service for their own personal, non-commercial use. Other than as expressly set forth in the two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you submit and/or post to the Website and affiliated communication forums such as Social Media), and you will not use the Content except as permitted under this Agreement.
No other use is permitted without the prior written consent of Live Life Well Ltd. Live Life Well Ltd retains all rights, titles, and interests, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates, and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, taglines, and logos of Live Life Well Ltd; used and displayed on the Website, Products, Tools, Services, and Product and Service Materials, are registered and unregistered trademarks or service marks of Live Life Well Ltd. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (“Third-Party Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission. Use of the Trademarks as part of a link to or from any site, is prohibited unless establishment of such a link is approved in advance by us in writing.
User Content submissions or posts. Although we encourage you to email us feedback and questions about our existing Products and Services, we do not want you to, and you should not, email us any content that contains confidential information. In addition, any such feedback and questions you send to us will be deemed non-confidential and not proprietary, and we shall be free to use and redistribute them on an unrestricted basis without compensation or attribution to you.
You expressly acknowledge and agree that once you submit or post any content on, or through, our Website, Products, Services, or affiliated communication forums – such as comments, posts, photos, images, videos, or other contributions, it will be accessible by others, and that there is no confidentiality or privacy with respect to such content, including, without limitation, any personally identifying information that you may make available. You are entirely responsible for the content that you upload, post, email, or otherwise transmit via the Website, Products, Services, and affiliated communication forums.
You also acknowledge and agree that when you voluntarily submit to us or post any comment, photo, image, video or any other submission for use on or through our website or affiliated communication channels, you are granting us, and anyone authorised by us, consent to make it part of our current or future Website, Products, Services, and/or Product and Service Materials. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you, or compensation by us to you.
When you voluntarily submit information to us, you also grant us, and anyone authorised by us, the right to identify you as the author of any of your content by name, email, address, or screen name. You acknowledge that we have the right, but not the obligation, to use and display any contributions from you of any kind, and that we may elect to cease the use and display of any such contributions on our Products, Services, and/or Product and Service Materials at any time.
You acknowledge that materials (or portions thereof) developed, created, acquired, licensed, or otherwise obtained by us, or third-party materials to which we have had access, may be similar or identical to the content you submit or post (or portions thereof) in theme, idea, plot, format, and/or other respects. You agree that you will not be entitled to any compensation because of the use of any such similar or identical material. In this connection, you hereby release and absolutely and forever discharge us of, and from, any and all claims, damages, legal fees, costs, expenses, debts, actions, and causes of action of every kind and nature whatsoever.
Media release. By purchasing our Product and/or participating in our Services, and using our Product and Service Materials, you consent to photographs, videos, and/or audio recording that may be made that contain your image and/or your voice. Please note that these postings and recordings may or will be shared with potential clients, or other clients who have purchased our Products and Services.
Request for permission to use content. Any request for written permission to use our Products, Tools, Services, Product and Service Materials, in whole or in part, or any other intellectual property or property belonging to us, should be made before you wise to use it, by completing the ‘Contact Us’ form on this website, or by sending an email to [email protected]
If you are granted permission by us, you agree to use the specific Content that we allow and only in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission for, you agree now that you will be treated as if you had copied, duplicated, and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe, to protect our intellectual property and ownership rights in our Products, Services, and Product and Service Materials.
PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK
Our Products, Services, and Product and Service Materials are for informational and educational purposes only. You agree that you are using your own judgement in using and purchasing our Products, Services, and Product and Service Materials, and you agree that you are doing so at your own risk. You agree and understand that you assume all risk, and no results are guaranteed in any way related to our Products, Services, and Product and Service Materials.
You are solely responsible for your own actions, choices, and results based on the use, misuse, or non-use of our Products, Services, and Product and Service Materials.
Disclaimer. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with our Products, Services, and Product and Service Materials. You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other Product, Service, or Product and Service Materials participants or user, including you.
Medical Disclaimer: Our Products, Services, and Product and Service Materials are not to be perceived as, or relied upon in any way, as medical advice or mental health advice. The information provided through our Products, Services, and Product and Service Materials is not intended to be a substitute for professional medical advice, diagnosis, or treatment that can be provided by your own health care practitioner. You should not use the information available on or through our Products, Services, and Product and Service Materials for diagnosing or treating a health problem or disease.
You agree that we are not responsible for your physical, mental, emotional health, or any decisions you choose to make as a result of information presented to you through our Products, Services, and Product and Service Materials.
Earnings and Results Disclaimer: You acknowledge that we have not, and do not, make any representations as to the health, physical, mental, emotional, spiritual benefits, future income, expenses, or loss of any kind that may be derived as a result of your participation in our Products, Services, and Product and Service Materials. We cannot, and do not, guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Products, Services, and Product and Service Materials, and you accept and understand that the results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse, or non-use of the information provided or obtained through any of our Products, Services, and Product and Service Materials. You agree that your results are strictly your own, and we are not liable or responsible in any way for your results.
Technology Disclaimer: We try to ensure that the availability and delivery of our Products, Service, and Product and Service Materials is uninterrupted and error-free, including our content and communication through methods like our Website, e-mail communications, videos, audio recordings, downloadable Mp3 audio files, downloadable PDF files, or other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Products, Services, or Product and Service Materials become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failure or delays, or any other cause which may from time to time make our Products, Service, and Product and Service Materials inaccessible to you.
Errors, Omissions, and Inaccuracies.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in our Products, Services, and Product and Service Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research and personal development is constantly evolving, we cannot be held responsible or accountable for the accuracy of our Content. The material and information provided by us is for general information and educational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary or more timely sources of information. Any reliance on the Information and Content provided by us is at your own risk.
You acknowledge that our Content may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law. Our Products, Services, and Product and Service Materials may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
We reserve the right to modify the Content at any time, but we have no obligation to update any information provided to you through our Products, Services, and Product and Service Materials. You agree that it is your responsibility to monitor changes to our Content.
External sites and third-party links.
Certain information or content available via our Products, Services, and Product and Service Materials may include materials and/or links from/to third parties.
Third-party links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, information, products, or services of third parties. These links are provided for your convenience and the inclusion of any link in our Products, Services or Product and Service Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse, and we are not responsible for, the views, opinions, facts, advice, or statements provided by external resources referenced in our Website and Services Content, or their accuracy or reliability.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. If you decide to access linked external sites, you do so at your own risk. Complaints, claims, concerns, or questions regarding third-party information, products, or materials should be directed to the third-party.
INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE CLAIMS.
Indemnification. You agree at all times to defend, indemnity and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licenses, as applicable, from and against any and all claims, cause of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of (1) your breach of this agreement; (2) your misuse of the Content, Services, or Website; and/or (3) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right.
Limitation of Liability. We will not be held responsible or liable in any way for the information, tools, or materials that you request or receive through or on our Products, Services, or Product and Service Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, loss of profit, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Products, Services, and Product and Service Materials, or in any way or in any location. In the event that you use our Products, Services, and Product and Service Materials, or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable, or consequential damages for any use of, or reliance on, our Products, Services, and Product and Service Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication or information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
COMPLIANCE WITH APPLICABLE LAWS
The Website and Services are based in New Zealand. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of New Zealand. If you access the Website or the Content from outside of New Zealand, you do so at your own risk. Whether inside, or outside, of New Zealand, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
GOVERNING LAW
This Agreement, and any action related therto, shall be governed by the laws of New Zealand, where Live Life Well Ltd is registered, regardless of the conflict of laws principles.
WAIVER
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CHANGES TO TERMS OF SERVICE AGREEMENT
You can review the most current version of the Terms of Service at any time on the website homepage. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT DETAILS
Questions about the Terms of Service should be sent to us at [email protected]
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