Sales & Orders Terms & Conditions

All sales made by Kiwi Tri Ltd (the Company) are subject to the following terms and conditions. Nothing contained within these terms and conditions affects your statutory rights as a consumer.  

 

Please read the following terms and conditions: If there is anything you don’t understand please feel free to contact andrew@kiwitri.com.

 

Price

The price for the programmes are as stated on the website and in your order confirmation.  You agree to pay the full price to the Company in accordance with the order form or invoice after the details are checked and agreed by you, via the checkout process. 

 

To place an order

Once you have decided on the programme(s) you wish to purchase, simply click on add to cart, your cart will show in the sidebar if you have finished purchasing programmes, please click on view cart and you will be taken to the cart checkout page.  Please check the programme title, quantity and price before clicking on Buy Now, this will take you through the payment and confirmation process.

 

Programmes

The programmes are only available in English.  

You will have access to the portal for up to a calendar year.

Only you can access the portal, you are prohibited from sharing your login details with any other person.

  

Payments

Payment is made at check out on the online store by Credit or Debit card via Wix payment or via Paypal.  Payments are not deemed received until they are cleared into the merchant account of Kiwi Tri Ltd.

 

Non-payments or payment reversal 

In the event that any payment is subsequently declined, the order will not be processed or portal access blocked if already processed, until payment is rectified in full.  Subsequent delivery of services or portal access will be subject to availability and cannot be guaranteed.  The Company accepts no responsibility for any loss howsoever caused or for non-delivery, or lack of provision of service under these circumstances.  The customer will be responsible for the payment of any additional charges which have been incurred as a result of payment failure.

 

Amendments to your order 

Please take the time to check your copy of the online checkout cart and your order confirmation carefully and let us know within three days if changes are needed.  It is your responsibility to advise the Company of any alterations to the original order. Whilst every effort will be made to assist Customers, please note that changes cannot always by guaranteed.

 

Delivery

As delivery is electronically there are no delivery charges. You order will be delivered via email, with login details and portal access instructions to The Flourishing Institute portal.  You will also be contacted to guide you on your one to one coaching sessions and how and when to book these.  You are not permitted to share your login to the portal with any other users, by agreeing to these terms and conditions by way of tick box in the check out process of your purchase, you confirm that you will not share your login or password with any party.

 

Cancellations/refunds

 

As this is a digital product please note that as per the confirmation you made on purchase, once you have logged into the portal, and in accordance with online selling and distance selling regulations, you will lose your 14 day right to cancel.

If upon receipt of access to the portal you find that the programmes loaded are not those ordered by you please notify us immediately by email (andrew@kiwitri.com). We will have no liability to you for any indirect loss. Please state clearly your email contact details in all communications to us along with your order reference.

Under the circumstances that a refund be offered by the Company for extraordinary reasons, we will only make a refund by cheque, bank transfer or PayPal to the original purchaser.  Portal access and any downloaded content will immediately be required to be permanently deleted.

We are not responsible for any products or programmes or portal access ordered through any other website than our own. 

The provisions of this clause do not affect your statutory rights.

 

Copyright

Please note that no person shall have entitlement to copy or reproduce in any form, or otherwise make use of any materials, video, image, photograph, design or other document or item produced by or on behalf of the Company or The Flourishing Institute without the prior written consent of the Company or The Flourishing Institute.  Your purchase provides you access to the programmes that have been created and developed by The Flourishing Institute, all copyright to the programmes remain with The Flourishing Institute in perpetuity. 

 

Publication and promotion rights

On completion of the programme The Company will ask for feedback, reviews and testimonials which we would like to use in future promotion.  It will be clear when this is collected that it may be used for external promotion, usually in the form of testimonial or review. Where a review is left on an external review portal or provider it is your responsibility to check this information and that you are happy for the details to be released.  

 

Terms and Conditions for Site Visitors

This website kiwitri.com ("the Site") is owned and operated by Kiwi Tri Ltd  ("us", "our" or "we").

 

This document is only available in English.

 

The following constitutes a legal agreement between a visitor ("you") and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 18 but at least 15 years of age, you must present this Agreement to your parent or legal guardian. Children under the age of 15 may not register on this Site, and parents or legal guardians may not register on their behalf.

 

When registering on our Site or purchasing a Product, by checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your user name or password with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box when registering on our Site or purchasing a Product and do not attempt to access the Site.

 

Our Site is established to enable you to chose and purchase products from our Site ("Products) that we offer for sale online.

 

Accessing Our Site

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

 

From time to time, we may restrict access to some parts of our Site, or to our entire Site, to users who have registered with us.

 

Our Right to vary these Terms & Conditions

We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).

 

YOUR AGREEMENTS

YOU AGREE that:-

  • it is your responsibility to provide accurate personal information ("Personal Data") and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere on the Site;

 

  • it is your responsibility to ensure that your email address is current otherwise certain functions of the Site or The Flourishing Institute portal will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 1998, The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and our Privacy and Cookies Policy;

 

  • it is your responsibility to maintain the confidentiality and security of your Personal Data especially your username and password. You will not allow others to use your username or password and you will notify us immediately of any unauthorised use of either of them for this website AND The Flourishing Institute portal. We shall not be responsible for any losses arising out of the unauthorised use of your username or password and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same;

 

  • we shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made;

 

  • whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site);

 

  • you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site or The Flourishing Institute Portal for any commercial use or in any manner which would constitute an infringement of our or our partners copyright.

 

  • variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.

 

System Requirements

The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Site are your responsibility.

 

Misuse of the Site

We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated, you will not be permitted to re-register or to re-access the Site without our prior consent.

 

You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited emails.

 

Indemnity

You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.

 

Assignment

You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.

We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.

 

General

We may require you to change your username or password or any other information which permits you access to purchase Products from the Site.

 

We have the right to withdraw any Product from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.

 

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.

 

We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.

 

The Site is provided "as is" and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by email to andrew@kiwitri.com

 

We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.

 

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.

 

We reserve the right to deactivate your account if it has not been active for a period of 12 months or more, and to remove it from the database if no communication has been received from you for a further 3 months after deactivation has occurred.

 

Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk.

 

We welcome 'hot links' to the Site, but not 'deep linking' by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.

It is the responsibility of advertisers and sponsors on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.

 

Intellectual Property Rights

All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.

 

You will infringe our rights if you copy or reproduce any part of the Site save for:

  • a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or

  • you printing out any pages from the Site as a record of any Products you have purchased from it; or

  • you printing out a copy of the Terms and Conditions which we would request you to do; or

  • your own personal use provided that:

    • no documents or related graphics on the Site are modified in any way;

    • no graphics on the Site are used separately from the corresponding text; and

    • the Company's copyright and trade mark notices and this permission notice appear in all copies.

        Other than for the above four exceptions you must not copy the intellectual property in question for any purpose.

 

  • For the purposes of this Clause 16 "copy" and "copying" shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.

 

Disclaimers

To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).

 

Concerning the Site:

You understand and agree that your use of the Site is at your own sole risk. The Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.

 

We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.

 

Under no circumstances shall we be liable for any unauthorised use of the Site or the Products.

 

Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.

 

Third Party Rights

This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.

 

Law & Legal Notices

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.

 

Acknowledgements

You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes. By reading this Agreement together with our Privacy and Cookies Policy and continuing to use this Site you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement and by our Privacy and Cookies Policy both of which are available from every page of our website 

Dispute Resolution

Please note that if you have a dispute please contact us directly and we will endeavour to settle it with you amicably.  Should it be a dispute that cannot be resolved amicably, we suggest you contact Citizens Advice for an appropriate free online dispute resolution solution. 

 

Our email address is info@kiwitri.com

Privacy Policy

Your privacy and security is important to us. This Privacy Policy (the “Policy”) sets out how we will treat your personal information and is intended to help you understand how we deal with any personal information we may obtain from you and how you may remove it.

This Policy has been prepared to meet the requirements of the UK’s Data Protection Act 1998 and The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011, (the “Acts”) and it only relates to the collection, protection, disclosure and use of personal data belonging to individuals who visit www.TheDandelionBakery.com, (our “Site”).

What information does Kiwi Tri and Nutrition about you?

 

We collect information from you when you place an order, subscribe to our newsletter, respond to a survey or fill out a form. 

 

Any data we request that is not required will be specified as voluntary or optional. You may also visit our site anonymously.

 

When ordering, subscribing, or filling out a survey or form on our site, you may be asked to enter the information below, as appropriate. We may not hold all of this data for all of our clients: 

·      First name and Surname 

·      Home address

·      Email address

·      Telephone number 

·      Day of birth (please note, we do not store the year and will only store the day and month where this is relevant)

 

Like most websites, we use cookies to enhance your experience, gather general visitor information, and track visits to our website. Please refer to the Cookies section below for information about cookies and how we use them.

 

How do we use your information?

 

The Information that is collected may be used to: 

·      send you a newsletter

·      improve our website 

This data is stored digitally using Wix and 17Hats. Both of these systems have been chosen for their security and data protection compliance. 

 

Your information will never be sold, exchanged, transferred or given to any other company for any reason without your consent. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential and meet the appropriate data protection and security standards. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

 

Please note that our newsletters include an unsubscribe option at the bottom of each email, which you can use at any time. 

 

How do we protect your information?

 

Your information is stored using Wix and 17Hats. 

 

Wix and Email Newsletters, bookings, get a quote form and online orders

 

We consider Wix to be a third party data processor.

 

If you choose to join our regular newsletter mailings, the email address that you submit to us will be stored in our Wix website platform. The email address that you submit will be stored within this website’s own database but not in any of our internal computer systems.

 

Your email address will remain within the Wix 'Shout Out' database on our website for as long as we continue to use the Wix platform for email marketing or until you specifically request removal from the list.

 

You can request removal by unsubscribing using the unsubscribe links contained in any email newsletters that we send you or by requesting removal via email. When requesting removal via email, please send your email to us using the email account that is subscribed to the mailing list.

 

If you are under 16 years of age you MUST obtain parental consent before joining our email newsletter.

 

 

Your information will continue to be stored on our Wix platform for as long as we continue to use the Wix platform or until you specifically request removal from the list. You can redo this by requesting removal via email.

 

Cookies

 

Our website uses cookies, as almost all websites do, to help provide you with the best experience we can. Cookies are small text files that are placed on your computer or mobile phone when you browse websites. 

 

Our cookies help us to: 

·      Make the website work as you’d expect

·      improve the speed and security of the site 

·      Allow you to share pages on social media 

·      continuously improve the website 

·      Find out how you heard about us

 

 

Our cookies do not: 

·      collect any personal information (without your permission) 

·      collect any sensitive data (without your permission) 

·      pass data to any third parties 

 

You can usually switch cookies off by adjusting your browser settings to stop it from accepting cookies (Learn how here). Doing so however will likely limit the functionality of our's and a large proportion of the world's websites as cookies are a standard part of most modern websites.

 

It may be that you concerns around cookies relate to so called "spyware". Rather than switching off cookies in your browser you may find that anti-spyware software achieves the same objective by automatically deleting cookies considered to be invasive. Learn more about managing cookies with anti-spyware software.

 

 

What does this policy cover?

 

This Policy only relates to this Site and transactions between Kiwi Tri coaching and nutrition and our clients. If you follow a link from this Site to another website, this Policy will not apply and you must refer to and read the privacy statement on that other website which you visit. Please note that we do not accept any responsibility or liability for the other website’s policies and you should please check them before you submit any personal data to these websites.

 

Do you have questions about your information?

 

You are entitled to see the data that we hold that relates to you. 

 

The data controller for The Dandelion Bakery is Andrew. To contact the data controller, email andrew@kiwitri.com

 

  

Changes to our privacy policy

 

This privacy policy may change from time to time in line with legislation or industry developments. We will not explicitly inform our clients or website users of these changes.

 

Instead, we recommend that you check this page occasionally for any policy changes.

 

Last updated: 08 April 2020 

Company information:  Kiwi Tri Ltd is a limited liability company registered in England (company number 11752262), registered address: 22 Horselers, Hemel Hempstead, Hertfordshire, HP3 9UH, United Kingdom.  tel. (+44) 01442 400 990. email. info@kiwitri.com

 
 
 
 

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