Terms and Privacy

  • PRIVACY POLICY
    • We are committed to protecting your privacy so want to share the following information, which outlines the information we collect from you, how we use this information and your rights in relation to this.
    • We are committed to managing personal information in accordance with the Privacy Principles under the Privacy Act 19993, the General Data Protection Regulation (EU) 2016 / 679 (GDPR) and in accordance with other applicable privacy laws and our Term and Conditions (Terms).
    • By accepting this Privacy Policy, you consent to us collecting, using and disclosing your Personal Information including your Health Information in accordance with the terms of this policy and our Terms of Use.
    • Capitalised terms not defined in this document are given the meaning ascribed to them in our Terms.
  • Who is Every Day You?

When we refer to ‘we’, ‘us’ and ‘PLATFORM’, this means Every Day You Limited (NZCN 8089120) and any wholly owned subsidiaries.

  • Personal Information
    • What personal information do we collect?
    • When you subscribe to our services or sign up for a free trial, we collect the following information from you:
      • Your name
      • Email address
      • Age
      • Gender
      • Your log in details and password so you can sign into our Platform
      • Your relevant health information and fitness history
      • Any information you voluntarily share with us when you interact with us via phone, email, social media or other form of communication.
      • Any other information you share with us as part of your membership
      • Your response to surveys, competitions and promotions
      • Your marketing preferences such as whether you’d like to receive communications from us
      • If you are a candidate for employment, we may collect additional information that is relevant to your employment such as work and education history
      • We also collect information automatically when you visit our website, for example what type of device and browser you are using, as well as your location.
    • We use cookies on our website, which will be explained in further detail below.
    • We may collect your address and shipping details when you purchase goods from our website.
  • Why do we store your personal information?
    • We want to give you the best experience possible when interacting with us and using the Services. We collect information primarily to allow you to use our Platform as well as enjoy the benefits of the program that accompany your membership with us.
    • Some of the reasons we store your information include:
      • To allow you to use the Services and allow us to provide all aspects of the program that you pay for with your membership.
      • To provide information about our services including any exciting updates, competitions, promotions and marketing messages.
      • To obtain feedback and opinions from you so we can continually improve Platform.
      • To record data and analytics that allow us to improve EDY.
      • To respond to data requests from you and to fulfil our commitments to data storage and freedom of information under the relevant governing agreements and regulations stated above.
      • To allow us to effectively provide member services and respond to your complaints and enquiries.
      • To recruit for EDY.
      • To allow you to sign up for and attend EDY events.
    • In addition, we may from time to time use some of your personal information for other purposes such as:
      • For commercial purposes including allowing us to introduce new products and services.
      • To confirm your identity as part of your membership and to allow you to join our private Facebook community.
      • To detect and prevent abuse of our products and services by confirming your membership details.
      • For relevant training purposes within EDY.
      • To continually improve the relevance of our marketing materials.
      • To fulfil our reporting obligations to any relevant tax and regulatory bodies.
      • To share certain information with relevant third parties in order to provide services and marketing messages. We carefully check the privacy policies of any third parties we work with and take steps to limit misuse of your personal data.
    • When do we collect your personal information?
      • While most of our data in relation to you comes from collecting it directly from yourself, we may from time to time work with third parties who assist us in our business. Your data is protected by their relevant privacy policies and we take steps to ensure that any data we collect is in line with relevant legislation and best practice.
      • We collect your personal information when you visit our website or app, when you sign up as a Member, when you use our services and when you interact with us via phone, email or social media.
      • Examples of when we collect your personal information include:
        • When you provide us with personal information during the sign-up process for EDY.
        • When you use the EDY membership program.
        • When you visit our website or use the app.
        • When you sign up for or attend a EDY event.
        • When you interact with us via social media whether you like our page, join our private Facebook community, follow us on Instagram or interact with us in any way.
        • When we process payments for your membership or in exchange for any other goods or services.
        • When we collect your billing and shipping information.
        • When you contact us via phone, email, letter or social media.
        • When you agree to receive emails and marketing communications from us.
        • If you are a candidate for employment, when you complete forms as part of your employment Platform.
      • What happens when we’re unable to collect your personal information?
        • If we are unable to collect your personal information, we may not be able to fulfil our obligations to you including providing the services that make up the EDY program. We may not be able to provide you with goods and services, as well as answer enquiries about your membership or the goods and services we provide. Your experience when interacting with us may be delayed or not as efficient as we would like. We also will be unable to keep you informed of the latest updates, promotions, rewards, competitions and marketing messages.
      • How do we store your personal information?
        • We take every effort to store your personal information safely. We may hold your personal information either in electronic or hard copy form. When we store information electronically, this may be on our computer systems, databases, software programs, internet servers and hosted internet solutions. Our servers, computer systems and internet hosting are protected through necessary security systems including physical locks, firewalls, security systems and passwords.
        • When you unsubscribe from our marketing communications, we will no longer contact you with marketing messages. However, this will not remove your personal information from our systems. If you would like for us to completely remove your personal information, you can email hello@everydayyou.co.nz at any time.
      • How we share your data?
        • We do not sell your personal information to third parties. However, we may share some of your data with our third-party partners for commercial purposes in relation to running our business. When this is done, our partners are obligated to only use your data for the reasons agreed with us and have committed to not misuse or sell your data in any way. We do not share your health information with third parties unless it is necessary for providing you with our health services and you have consented to the disclosure. Your personal data may be shared to the following partners:
          • Our employees, contractors or service providers in the instance that this is necessary to provide goods and services to you.
          • Our business advisors including accountants, lawyers and other business professionals where reasonably required for them to fulfil their obligations to us.
          • Our business partners who collaborate with us to provide goods and services, as well as marketing messages.
          • If required by law to any person or body authorised by such law.
        • Your personal information may be disclosed to third parties if disclosure is required by law. If we sell our business, or we have a change in control, your personal information will be disclosed and transferred to the new owner/controller for that purpose.
        • We are not liable for any loss, damage or claim arising out of a third party’s use of your personal information where we were authorised by you or law to provide that third party with your personal information.
      • How do we use your personal information for marketing purposes?

We may use your personal information to send you marketing messages as well as keep you updated on all things EDY. You can unsubscribe from these marketing messages at any time by clicking the ‘unsubscribe’ link in our marketing emails or by emailing us at hello@everydayyou.co.nz. Please note that it may take a few days for our systems to update and you may inadvertently receive marketing messages while they update.

  • How you may access your personal information?
    • You have the right to access your personal information stored by us at any time. Please email hello@everydayyou.co.nz to make this request. Please note that it may take us a few days to collate all the personal information we have stored.
    • You have the right to be informed about how your personal information is being used and we will strive to update you when our privacy policy changes.
  • How long do we store your personal information?

We retain your personal information for as long as is needed for us to fulfil our obligations to you, for example to provide goods or services, or to provide marketing messages while you are subscribed. We may also need to store your personal information to comply with any tax or governing bodies. When we no longer need to store your data for these reasons, we will either delete or sufficiently anonymise this.

  • Do we disclose your personal information overseas?

EDY is based in New Zealand so the majority of our service providers are New Zealand based. However, we may from time to time collaborate with overseas partners. We only ever disclose your personal information outside the jurisdiction it was collected where we are permitted to do so under applicable privacy laws. This means that we have taken all necessary steps to keep your information safe as per the relevant privacy regulations.

  • Changes to our policies

We may make changes to this policy from time to time. Our current policy will be available on our Platform or a hard copy may be provided to you upon request. If you continue to use our Services after any update to this policy, you agree to the terms of the updated policy and consent to the use of personal information in accordance with the updated policy.

  • Residents in the European Economic Area
    • The same privacy policy also pertains to residents of the European Economic Area in compliance with the GDPR.
    • If you are a resident of the European Economic Area you are protected by specific regulation set out in the GDPR which includes the following:
      • You have the right to access your personal information at any time and enquire to exactly what information we are holding about you.
      • You have the right to rectify or change your personal information at any time.
      • You have the right to request deletion of your personal data at any time unless we are required to hold your data for legal or regulatory reasons.
      • You also have the right to restrict whatever personal information we hold on you
      • You have the right to request the transfer of your data to a relevant third party.
      • You have the right to object to your personal information being used in a way that you do not like and request that we stop doing so. We will fulfil your request unless there is a legal or regulatory reason not to.
      • You have the right to make a privacy complaint if you feel we are misusing your data. We will respond in the same way as we will for residents of any other country as set out in this privacy policy.
    • Cookies and web browsing

Like many websites, we use cookies to personalise and streamline your browsing experience with us. This is because we want to provide you with the best and easiest experience possible when you’re using our site.

  • What types of cookies do we use?
    • Performance cookies

We require certain types of cookies in order for our website to operate, for example cookies that allow you to log into secure areas of our websites that require a membership.

  • Analytical cookies

We like to know how many lovely members are on our site at any time, as well as where they are visiting from and which pages they visit. This allows us to create content that best suits your needs.

  • Targeting cookies

These cookies allow us to see your user journey, so we can make this simple and easy for you. This allows us to customise your experience and our marketing activities, so they are relevant for you.

  • Third party cookies

This refers to third party cookies from companies such as Facebook and Google, which allow us to bring you offers and advertisements that might be of interest to you through those sites.

  • What can you do to control your cookies?
  • You have the choice to customise your use of cookies through your browser, for example Firefox, Google Chrome or Internet Explorer. You can set your cookies as either prompted or refused. Please note that if you deactivate your cookies, you may have difficulty using EDY correctly.
  • Privacy Complaints
    • If you believe we have breached our privacy rights at any time, please send us an email at hello@everydayyou.co.nz so we can investigate and respond to you. All such enquiries or complaints will be taken seriously and handled with impartiality and discretion. If you wish to submit a complaint, please provide us with all relevant details such as the date and time of the incident or communication, the circumstances surrounding the event and your concerns about what was said or done.
    • If you have complained about something that is not covered in the relevant privacy laws, we will explain why we are unable to take further action. Please allow 7 days for us to investigate and respond to any privacy complaints.
  • If you have any other questions, pease feel free to contact us at:http://privacy.org.nz/
  • Mail: Goodwill Law Limited

Floor 1, White Hart Hotel

47 Queen Street

New Plymouth, 4310

New Zealand

  • If we are unable to satisfactorily resolve your concerns about our handling of your personal information, you can contact the Office of the Privacy Commissioner at:
    • PO Box 10-094

The Terrace

Wellington 6143

phone   0800 803 909

web      http://privacy.org.nz/

TERMS OF USE

  • Terms and Conditions
    • This page sets out the terms and conditions (Terms) on which we, Every Day You Limited (NZCN 8089120) (we, us or EDY), provide our Services through our Platform. Please read these Terms carefully before using the Service, as your use of the Platform and Services is subject to these Terms.
    • Use of your personal information submitted via the Platform is governed by our Privacy Policy. By using the Services via the Platform (whether now or in the future) or continuing to use the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms or our Privacy Policy you should cease using the Platform and Services immediately. We reserve the right to change these Terms from time to time.
  • Definitions
    • Platform means any current or future version of the Every Day You website (https://everydayyou.co.nz/) or Platform via which you access the Services.
    • Services means those services or products advertised and sold via the Platform including, without limitation, diet, yoga, exercise, fitness, mind health and meditation services provided by EDY through the Platform, private facebook community, or other mediums as may be available from time to time.
    • Your Submissions means any post, image, comment or submission, photo, video or other content uploaded or otherwise made available through the Services by you.
  • Service Access and Terms
    • When you use the Platform or register an account, you must provide us with personal information such as your name and email address. We may also request additional personal information such as your age (or age range), gender and health information. We will handle all personal information we collect in accordance with our Privacy Policy.
    • User name and Password: If you choose to create an account, we will provide you with a user name and you will be required to select a password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. You must not share, give or sell your username or password to any person or company. Excessive viewings or logins by you may be construed by us as fraudulent use of the Services, which may result in the immediate cancellation of your access to the Services without refund. When purchasing access to any Services, you must take all actions possible to protect your username and password from fraudulent use.
    • Acceptance of terms: By accessing any part of the Platform, you indicate that you accept these Terms. If you do not accept these Terms, you should not use any part of the Service or functionality of the Platform.
    • Revision of terms: We may revise these Terms at any time. You should check the Platform regularly to review the current Terms. You will be subject to the terms and conditions in force at the time that you use the Service.
    • Responsibility: You are responsible for making all arrangements necessary for you to have access to the Platform, including any fees or costs associated with any hardware, equipment, software, services and/or carrier fees required. You are also responsible for ensuring that all persons who access the Platform through your device or account are aware of these Terms and that they comply with them.
    • Age Restriction: The Service is only available to those individuals 18 years of age or older who have full capacity to enter binding contracts on their own behalf or on behalf of those individuals under 18 years of age for whom they have legal responsibility. You are not permitted to use the Service if you are not 18 years of age or older unless you have the consent of your parent or guardian.
  • Subscription
    • You acknowledge and agree that:
      • you must pay EDY the fee stated at the time of registration (inclusive of any taxes as may be relevant from time to time) (Subscription Fee);
      • you must pay the Subscription Fee in accordance with the billing frequency specified at the time of registration (Due Date);
      • your Subscription will automatically renew on the Due Date unless cancelled in accordance with this clause 4; and
      • the Subscription Fee is subject to review by EDY and may be varied by notice in writing to you not less than thirty (30) days prior to the Due Date, and you agree that such notice may occur via email or by other reasonable means.
    • Your access to the Service is conditional on you paying the Subscription Fee.
  • Processing and Payment
    • All prices are in New Zealand Dollars.
    • Payment of the Subscription Fee may be processed by us or by third parties on our behalf. Your payment details must be verified before your subscription to the Services (Subscription) can be activated. If your initial payment authorisation is revoked, your Subscription will be terminated.
    • Where relevant, payment of the Subscription Fee will be direct debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date.
    • If a payment of the Subscription Fee is rejected, invalid or otherwise unsuccessful, your Subscription may be automatically cancelled.
    • All payments made are non-refundable.
  • Cancellation of Subscription
    • You may cancel your Subscription by:
      • providing written notice to EDY by email to: hello@everydayyou.co.nz; or
      • selecting the ‘unsubscribe’ option through Account Settings on the Platform website. A confirmation email will be sent to you to confirm your membership cancellation.
    • Any cancellation of the Subscription by you will take effect at the end of the period to which the Subscription Fee relates.
    • Upon cancellation of the Subscription, you will no longer be permitted to have access to or the benefit of the Service at the end of your paid subscription period.
    • You acknowledge and agree that the Company may terminate your access to the Services in accordance with these Terms at any time and you accept that where any such termination occurs, there is no refund available for the Subscription Fee.
  • Licence
    • Terms of permitted use: You are permitted to use the Platform for your own personal non-commercial use on the following basis:
      • You must not misuse the Platform (including by hacking or engaging in cyber-bullying).
      • Unless otherwise stated and except to the extent owned by third parties or their licensors, the copyright and other intellectual property rights in the Platform and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Platform other than in accordance with clause 11.1 is prohibited.
      • You are not allowed to use, disseminate or reproduce any of the materials on the Platform for commercial purposes without obtaining a licence from us to do so.
    • Limitation on use: Except as stated in clause 9.1, the Platform may not be used, and no part of the Platform may be reproduced or stored in any other Platform or included in any public or private electronic retrieval system or service, without our prior written permission.
    • Reservation of rights: Any rights not expressly granted in these Terms are reserved.
  • Service Access
    • Platform availability: While we try to ensure the Platform is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Platform is unavailable or otherwise not fully or properly functioning at any time or for any period.
    • Suspension of access: Access to the Platform may be suspended temporarily at any time and without notice.
    • Information security: The transmission of information via any Platform like the Platform is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Platform; any transmission is at your own risk.
  • Links To And From Other Platforms
    • Third party Platforms: Links to third party Platforms or websites through the Services are provided solely for your convenience. If you use these links, you leave the Services. We have not reviewed and do not control any of these third-party Platforms or websites (and are not responsible for these Platforms or websites or their content or availability). We do not endorse or make any representation about these Platforms or websites, their content, or the results from using such Platforms or websites. If you decide to access any of the third-party Platforms or websites linked to the Services, you do so entirely at your own risk.
    • Linking permission: You may link to the EDY Platform and Services, provided that:
      • you do so in a fair and legal way which does not damage or take advantage of our reputation;
      • you do not establish a link from an application, website or other medium that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
      • any Services from which you link must comply with the content standards set out in these Terms;
      • we have the right to withdraw linking permission at any time and for any reason.
    • Intellectual Property
      • The Services, including, without limitation, all design, text, images, photographs, illustrations, artwork, graphic material, code, content, protocols, software, and documentation (IP) provided to you by us, are our property or the property of our licensors and are protected by copyright, trademarks and other proprietary rights and laws relating to intellectual property. Nothing contained in the Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use the IP without our express prior written consent.
      • You represent and warrant to us that, with regard to Your Submissions:
        • you own or have the necessary licences, rights, consents and permissions to use, and irrevocably authorize EDY to use, all patent, trademark, trade secret, copyright and other proprietary rights in and to any and all of Your Submissions to enable their inclusion and use in the manner contemplated by us and these Site Terms; and
        • you have the written consent, release and/or permission of each and every identifiable person in Your Submissions to use their name or likeness to enable inclusion and use of Your Submissions in the manner contemplated by us and these Terms.
      • You agree that Your Submissions will not:
        • include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from the proper owner to post the material and to grant us all of the rights granted in these Terms;
        • publish falsehoods or misrepresentations that could damage us or any third party;
        • include material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or which encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or which is otherwise inappropriate; or
        • post advertisements or solicitations of business.

We also reserve the right, for any reason, to remove or not publish any or all of Your Submissions and to remove content posted by you without prior notice.

  • You understand and acknowledge that, when you submit content in any form to the Services, we may authorise such content to be distributed or syndicated to or published on other EDY owned or operated environments or the web platforms of any of our affiliates.
  • You indemnify us, and will keep us indemnified, against any breach of this section 10 and against any claim or action by a third party, and any liability, cost, expense or charge of any kind whatsoever in connection with any such claim or action, that the third party’s intellectual property rights have been breached in any way whatsoever.
  • You have rights if you believe your copyright is being infringed. If you are a copyright owner and believe that any of Services infringes your copyright, please contact us at email: hello@everydayyou.co.nz
  • We acknowledge that all personal information provided by you remains your property.
  • DISCLAIMERS – MEDICAL
    • The Services include information and instructions relating to diet, yoga, exercise, fitness, mind health and meditation, and some of the products and services available through the Services relate to such topics. You acknowledge and agree that the disclaimers in this clause 11 apply to all such information, instructions, products and services.
    • Before participating in any diet, yoga or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through the Services, we strongly recommend that you consult with a medical practitioner or other healthcare provider. EDY, its directors, other officers, employees, shareholders, agents and affiliates and other content providers are not licensed medical practitioners, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.
    • EDY and the Services are not substitutes for medical advice from your doctor or healthcare provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the Services.
    • Health advice is often subject to updating and refining due to medical research and developments. We are committed to bringing you the most up to date information, however EDY gives no guarantee or assurance whatsoever that the information or content that are part of the Services is the most recent on any particular subject.
    • You should never disregard medical advice or delay seeking it because of a statement you have read or heard on by EDY and/or in any Services. EDY and the Services should not be used in lieu of advice given by qualified medical professionals, such as your doctor or registered dietitian. It is important that the Services are used only in conjunction with qualified medical guidance. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition before starting any yoga, Pilates or other exercise or fitness program or making changes to your diet in order to determine whether the Services are appropriate for you.
    • We take reasonable precautions to ensure that the Services are safe. However, you acknowledge and agree that, when participating in any diet, exercise, yoga or fitness program, or when using any diet or fitness products or Services, there is the possibility of physical injury and death. Given the disclosures and disclaimers by EDY, you assume the risk and responsibility for any such results or outcomes.
    • If you know or suspect that you may be pregnant, have an eating disorder, have diabetes or have any other physical or medical condition, it is imperative that you seek the advice of a medical practitioner before using any information, goods, services, diet, exercise or fitness program available, advertised or sold on or through the Services. If you experience any discomfort, pain or other unexpected side effect during a diet, exercise or fitness routine, you must immediately cease the activity and seek the assistance of a physician.
  • DISCLAIMERS – GENERAL
    • Platform information: We may make changes to the material on the Platform or the Services, at any time without notice.
    • Viruses and Malware: EDY does not represent or warrant that the Platform or any other material accessible from the Platform is free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems. You should protect your software, devices and systems by installing and implementing your own security and system checks.
    • Exclusion of terms: We provide you with access to the Platform and Service on the basis that, to the maximum extent permitted by law, including New Zealand’s consumer laws, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Platform and Services (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Platform or Service, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).
    • We are not responsible for and do not necessarily hold the opinions expressed by any content contributors. Opinions and other statements expressed by users of the Services and third parties (e.g. bloggers) are theirs alone, not opinions of EDY. Content created by third parties is the sole responsibility of the third party and we do not endorse, warrant or guarantee its accuracy and/or completeness.
  • LIABILITY
    • General: Nothing in these Terms excludes or limits our liability for any liability which cannot be excluded or limited under applicable law, including New Zealand’s consumer laws. Nothing in these Terms affects your statutory rights, including rights relating to the consumer guarantees applicable to the supply of services under these Terms.
    • Exclusion of liability: Subject to your statutory rights under the New Zealand’s consumer laws more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Services or the Platform (including the use, inability to use or the results of use of the Services or the Platform) for resulting from any violation by you of these Terms or any breach by you of your responsibilities, representations and warranties.
    • Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Platform, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
    • Indemnity: You agree to indemnify and hold EDY and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms, your use of the Services or Platform or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
  • ENDING ACCESS AND REMOVING CONTENT
    • We reserve the right to, without notice and for any reason deemed appropriate by us:
      • terminate your access to the Services;
      • remove any information or other content from the Services;
      • prevent access to the Services by you or any other user or group of users; or
      • intercept, remove or alter any content stored on the Services.
    • Exercise of these rights will not prejudice or affect our accrued rights, claims or liabilities under this policy. The provisions of this policy dealing with intellectual property, privacy and consequences of termination survive the exercise of these rights and may be enforced at any time.
  • WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platform or using the Services via the Platform, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Platform. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  • ADDITIONAL TERMS
    • Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    • Entire agreement: These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
    • No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
    • Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
    • Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.
  • GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of New Zealand. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New Zealand.

  • GIFT VOUCHERS
    • Gift vouchers purchased through the Platform (Gift Vouchers) are valid for a period of 12 months from date of purchase, and vouchers must be redeemed within this period. Gift Vouchers are single use only.
    • Redemption of gift vouchers must be made online via the Platform.
    • The voucher number must be entered in the Gift Voucher field on the payment page along with payment details at the time of redemption.
    • Gift Vouchers may not be redeemed for cash. No credit or change will be given on the unused portion of the Voucher.
    • Gift Vouchers are not replaceable if lost, stolen or destroyed, photocopied or altered in any way and will not be accepted by EDY or be otherwise redeemable.
    • Gift Vouchers are only redeemable for the purchased subscription length.
    • Gift Vouchers are valid for new users, expired users, or existing users. Gift Vouchers will override your expiration date, so we recommend waiting until the end of your current subscription period before redeeming your Gift Voucher.
    • EDY Gift Vouchers are only redeemable via our website for users who created their accounts via our website.