Terms & Conditions

Terms and Conditions

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 Body
Catalyst’s 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.

1. General
1.1 This website at www.bodycatalyst.co.nz (Site) is a shopping website where you can browse, select and
order products or book services advertised on the Site from Body Catalyst New Zealand Pty Ltd (A.C.N
658 720 462) trading as Body Catalyst (Body Catalyst, us or we).
1.2 Please read these terms and conditions before accessing or using the Site. If you are under 18 years of
age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
1.3 Your access to and use of the Site, including your order of Products through the Site, is subject to these
terms and conditions.
1.4 The terms and conditions also apply to the sale of any Products via methods other than the Site,
including sales by telephone, in person or other means, unless otherwise agreed in writing.

2. Disclaimer
The information contained in this Site is provided in good faith on an ‘as is’ basis. Body Catalyst does
not represent or warrant to the reliability, accuracy or completeness of the information contained on this
Site. To the extent permitted by law, Body Catalyst is not responsible or liable for any Liabilities (direct,
indirect or consequential losses and damages) arising in any way (including without limitation
negligence) for errors in, or omissions from, the information in this Site.

3. Intellectual Property
3.1 You:
3.1.1 acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the
Site, the selection and layout of the Site and the content and materials on the Site (together, the
Material) are owned by or licensed to us;
3.1.2 must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell,
distribute in any way or communicate to the public a Material without our prior written consent; and
3.1.3 must not frame or embed in another website any of the material appearing on this Site without our
prior written consent.
3.2 You may:
3.2.1 store a reproduction of the content on this Site on your local computer for the sole purpose of
viewing the content and Materials; and
3.2.2 print hard copies of the content and Materials for the sole purpose of viewing and purchasing
Products but not for any other use, including commercial use.
3.3 This Site, the Products and any ancillary materials or documents owned or used by Body Catalyst in
connection with the sale of the Products and promotion of its business contains registered trademarks
which are protected by law and other branding, images, content which constitute the intellectual
property of Body Catalyst. You must not use any of the marks or trademarks appearing on the Site or
our name or the names of our related bodies corporate or any of our intellectual property without our
prior written consent.

4. Viruses
4.1 Body Catalyst does not claim that any information (including any files) obtained from or through this Site
is free from viruses or other faults or defects.
4.2 You are responsible for scanning any information for viruses.
4.3 You agree that Body Catalyst has no responsibility or liability to you or any other person for any loss or
damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or
otherwise, which may be the direct or indirect result of any such information.
4.4 If Body Catalyst is found to be liable this will be limited to the cost of supplying the information again.

5. Compliance with these Terms and Conditions
5.1 You agree to bound by, and comply with, these terms and conditions by:
5.1.1 using the Site;
5.1.2 completing your registration through the Site; and/or
5.1.3 obtaining or ordering Products from us using the Site or by any other method of sale.

6. Changes to these Terms and Conditions
6.1 If you have an order that has been accepted by us, the terms and conditions that will apply to that order
are the terms and conditions that applied at the time you placed your order. We cannot vary the terms
and conditions which apply to a given order after that order is accepted by us.
6.2 Subject to clause 6.1, we may change these terms and conditions at any time, and such modifications
will be effective as soon as they are posted. By continuing to use the Site after these terms and
conditions have been modified, you agree to be bound by the changes to these terms and conditions.

7. Registration
You may complete the customer registration process through the Site before placing an order for
Products through the Site. Any personal information that you give us will be held and used by us in
accordance with our Privacy Policy contained on this Site.

8. Placing an Order for Products
8.1 You may order Products by selecting and submitting your order through the Site in accordance with
these terms and conditions.
8.2 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for
the price notified (including the delivery and other charges and taxes) at the time you place the order.
8.3 We may ask you to provide additional details or require you to confirm your details to enable us to
process any orders placed through the Site.
8.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.

9. Acceptance or Rejection of an Order
9.1 We reserve the right to accept or reject your order for any reason, including (without limitation) if the
requested Product is not available, if there is an error in the price or the product description posted on
the Site or in your order.
9.2 Each order placed for Products through the Site or any other means that we accept results in a separate
binding agreement between you and us for the supply of those Products. For each order accepted by
us, we will supply the Products in that order to you in accordance with these terms and conditions.
9.3 If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the
time you place the order or within a reasonable time after you submit your order.

10. Cancelling an Order (by Us)
10.1 Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we
have accepted) without any liability to you for that cancellation if:
10.1.1 the requested Products in that order are not available; or
10.1.2 there is an error in the price or the product description posted on the Site or in any other sales
platform in relation to the relevant Product in that order;
10.1.3 we consider that the postage price selected in the checkout does not match the applicable price for
the delivery address;
10.1.4 your order weight exceeds our maximum postal delivery weight (in which case we will contact you
to make alternative arrangements where possible); or
10.1.5 that order has been placed in breach of these terms and conditions.
10.2 If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will
not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or
in breach of these terms and conditions.

11. Cancelling an Order (by You)
11.1 Orders may not be cancelled once submitted via this Site or via any other method of sale. Should you
wish to correct your delivery address or contact details prior to the order being dispatched, please
Contact Us and we will endeavor to assist you.

12. Delivery of Products
12.1 Please see our Shipping policy for information on delivery times and process. Please note that any
timeframes indicated are estimates only.
12.2 Shipping costs will be calculated at the time of checkout.

13. Prices, Fees and Charges
13.1 The prices of Products and delivery and other charges displayed on this Site are current at the time of
issue, however, Body Catalyst reserves the right to change prices at any time before we accept an order
from you.
13.2 All prices shown on this Site are in New Zealand Dollars (NZD).
13.3 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we
accept (as applicable):
13.3.1 the purchase price of each Product that is ordered;
13.3.2 the delivery fee for delivering the Products to you; and
13.3.3 any other fees and charges set out in these terms and conditions.
13.4 All fees and charges identified in these terms and conditions and all prices for the Products as shown
on the Site are inclusive of GST (unless otherwise indicated).

14. Your Obligations
14.1 You covenant and warrant that:
14.1.1 all information and data provided by you to us through the Site (including as part of the customer
registration process) or otherwise is true, accurate, complete and up to date;
14.1.2 the person receiving the Products at the Delivery Address is authorized by you to do so;
14.1.3 you have and will comply with all relevant laws relating to your use of the Site and your placement
of any order to us;
14.1.4 you are responsible for any costs associated with your access to or use of the Site, including
Internet access fees;
14.1.5 you will check the labels on the Products before consumption or use; and
14.2 You must not:
14.2.1 use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to
any relevant standards or codes;
14.2.2 use the Site in a manner or way, or post to or transmit to or via the Site any material, which
interferes with other users or our other customers or defames, harasses, threatens, menaces or
offends any person or which prevents any other person from using or enjoying the Site;
14.2.3 make fraudulent or speculative enquiries, purchases or requests through the Site;
14.2.4 use another person’s details without their permission or impersonate another person when using
the Site;
14.2.5 post or transmit any obscene, indecent, inflammatory or pornographic material or any other material
that may give rise to civil or criminal proceedings;
14.2.6 tamper with or hinder the operation of the Site;
14.2.7 knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code
to the Site;
14.2.8 use any robot, spider, site search and retrieval application or other mechanism to retrieve or index
any portion of the Site;
14.2.9 modify, adapt, translate or reverse engineer any portion of the Site;
14.2.10 remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
14.2.11 reformat or frame any portion of the web pages that are part of the Site;
14.2.12 create accounts by automated means or under false or fraudulent pretenses;
14.2.13 use the Site to violate the security of any computer or other network or engage in illegal conduct;
14.2.14 take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or
disproportionately large load on our infrastructure;
14.2.15 use the Site other than in accordance with these terms and conditions; or
14.2.16 attempt any of the above acts or engage or permit another person to do any of the above acts.

15. Warranty and Liability
15.1 Body Catalyst accepts liability for all legal guarantees and warranties expressed or implied to the
transactions under the New Zealand Consumer Guarantees, or any other legislation (such as the Fair
Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be
15.2 Where we are permitted by law (and subject to clause 15.1):
15.2.1 we do not warrant or represent the suitability of the Site or a Product for any purpose; and
15.2.2 we will not be liable to you for indirect and consequential loss (including without limitation for loss of
revenue, loss of profits, failure to realise expected profits or savings and any other commercial or
economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or
otherwise (including negligence) arising from or connected to the Site or the Product.
15.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the
relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or
damage. This reduction applies whether our liability is in contract, tort (including negligence), under any
statute or otherwise.

16. Returns
16.1 Unless you notify Body Catalyst to the contrary by email within seven (7) days of delivery of any
Products and such notification is confirmed by return email within seven (7) days of its receipt by Body
Catalyst, the Products shall be deemed to have been accepted by you.
16.2 Please see Returns on the Site for more information on Body Catalyst’s Return Policy.

17. Termination and/or Suspension of Account
We may terminate this agreement for convenience at any time on notice to you. Without qualifying the
foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and
(where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you
breach these terms and conditions.

18. General Provisions

18.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it
is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity
or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the
severance alters the basic nature of this agreement or is contrary to public policy.
18.2 This agreement is governed by the laws of New Zealand. Each party submits to the non-exclusive
jurisdiction of the courts of that place.

19. Privacy Policy and Your Personal Information
Refer to the Privacy Policy, which form part of these terms and conditions.

20. Content Release
20.1 You hereby assign full copyright of the Content to Body Catalyst together with the right and permission
to license the Content and/ or to take, use, re-use, publish and re-publish the Content, either separately
or together, either wholly or in part, or composite or distorted in character or form, without restriction as
to changes, in conjunction with your own or a fictitious name, or reproductions thereof in colour or
otherwise, made through any medium, and in any and all media now or hereafter known, specifically
including but not limited to print media and distribution and sale over the internet, illustration, promotion
(including through Body Catalyst’s social media channels such as linkedin, facebook, instagram and
twitter and EDM to Body Catalyst’s database), art, marketing and packaging for any product or service,
editorial, advertising, trade, or any other purpose (except defamatory). You agree that the Content may
be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped,
altered or modified. You understand that the Content may be licensed to businesses and individuals
nationally and internationally for a fee.
20.2 To the extent that the Content contains information about your medical diagnosis and treatment, it would
be regarded as sensitive data, which by law requires your explicit consent to allow us to process it. You
grant Body Catalyst the right to disclose these materials to third parties and media.
20.3 It is agreed that your personal information (save as expressly provided for in these Terms) will not be
made publicly available but may only be used directly in relation to the licensing of the Content where
necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as
necessary to fulfil this purpose, including by being shared with assignees of Body Catalyst.
20.4 You hereby release Body Catalyst (and Body Catalyst’s assigns) from all claims and liability relating to
the Content. You agree that you have no rights to the Content, and all rights to the Content belong to
Body Catalyst (and the Body Catalyst’s assigns). You agree that this release is irrevocable, worldwide
and perpetual.

21. Definitions
21.1 Capitalised terms used are defined in these terms and conditions.
21.2 In these terms:
21.2.1 “Content” means all photographs, film, audio, video or other recording, still or moving, taken of you
before, during or after the Treatments and any of your written or spoken testimonials;
21.2.2 “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
21.2.3 “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of
action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited
to legal fees.
21.2.4 “Product’ means each good or service that is advertised on the Site including memberships.

Body Catalyst will take before and after photos to monitor the changes in your body as you undergo
These photos may be used in promotional and educational material such as on the website, flyers,
distributions, social media posts and campaigns, posters, in-clinic advertising etc. Body Catalyst will never
disclose the name of the person in the photos and ensure all tattoos and identifiable markings are covered to
hide the identity of the person in the photo.
Body Catalyst may also use any written testimonials from you for the purpose of creating educational and
promotional material.
To the extent that this material contains information about your medical diagnosis and treatment, it would be
regarded as sensitive data, which by law requires your explicit consent to allow us to process it.
You grant Body Catalyst the right to disclose these materials to third parties and media.
You understand Body Catalyst may, and has the right to, crop and/or collage the material with others and
understand that the material may be transmitted over the internet.
You agree that to release and forever discharge Body Catalyst, its agents, officers and employees, from any
and all claims and demands arising out of or in connection with the use of the material, including but not
limited to, any and all claims for invasion of privacy, defamation, or financial compensation and you waive all
moral rights that you may have in the material.

Only available to new clients
Includes 50% off first treatment of Cryo as stipulated below:
    a. If your first treatment requires the use of only 1 applicator, then it’s 50% off the first applicator.
    b. If the first treatment requires the use of 2 applicators to treat one area, then the offer is 50% off the first 2 applicators.
Excludes first treatment for Tesla Former and Tesla Chair
Excludes first treatment on selected HIFU Face treatments NOTOX or Game Changer Programs
Cannot be used with packages, campaigns or other discounted offers

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