Your use of this website (www.myhealthrevolution.co.nz, “we”, “our” or “us”), and purchase of any goods through this website, is governed by the following terms and conditions:
General disclaimer: The information contained in this website is for general information purposes only. The information is provided by My Health Revolution and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of My Health Revolution. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, My Health Revolution takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
New Zealand law applies to use of this website, and all transactions.
My Health Revolution may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 28 May 2012.
We may collect the following information: name, contact information including email address, demographic information such as postcode, preferences and interests, other information relevant to customer surveys and/or offers.
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable procedures to safeguard and secure the information we collect online.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
If we use your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us using the contact form on our website. We will also always include an ‘opt-out’ in our direct marketing material. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
You may request details of personal information which we hold about you under New Zealand law. If you would like a copy of the information held on you please contact us using the contact form on our website. If you believe that any information we are holding on you is incorrect or incomplete, please contact us as soon as possible using the contact form on our website. We will promptly correct any information found to be incorrect.
Intellectual property: The design of, and content contained within, our website, and each of the various trademarks, company names, logos, product names and product images represented on our website are intellectual property which is either owned by us or licensed to us by suppliers or other third parties and must not be reproduced, copied, removed, altered, used, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without our express permission. All rights are reserved by the original copyright owners.
The products sold on this website are intended solely for your personal non-commercial use. Any use or distribution of products for purposes other than personal non-commercial use is prohibited without our prior written permission.
Accounts: Registering on our website requires a username and password. You are responsible for all activities that occur under your user account, including the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide, the confidentiality of your password and user account information. You must make reasonable efforts to prevent unauthorised access to or use of your account. The account is for your use only. By registering on our website, you consent to receiving marketing, promotional and other material from us. We may, at our sole discretion, suspend or terminate your account and limit your access to our website if we reasonably believe that to be necessary.
Image attribution: We use images with thanks by Kushagra Kevat, Tim Mossholder, Maxime and Janine Ross-Johnstone.
For terms and conditions relating to the Wellness Champions Network, please click here.
”We” are The KITE Program Limited a limited liability company incorporated in New Zealand.
and such processing is necessary for the performance of the contract between you and us.
and such processing is necessary for the purposes of a legitimate interest pursued by us, and we have assessed that our interests are not overridden by the interests or fundamental rights and freedoms of the person to whom the Personal Information relates.
Privacy Act 1993 (NZ)
Exercising your rights
This Software as a Service Agreement is dated from 26 March 2020.
Agreement means this Agreement;
Analytical Data means the data relating to the usage of the Service;
Business Day means a business day in Christchurch, New Zealand
Confidential Information means the terms of this Agreement and any information this is not public and was obtained by either party from the other pursuant to this Agreement;
Fees means the Initial Fee and the Subscription Fees payable pursuant to this Agreement; Initial Fee means any fee paid upfront.
Intellectual Property Rights includes all copyright and all rights existing anywhere in the world relating to patents, trademarks, confidential information, know how and all other rights relating to intellectual activity;
Start Date means the date being date of access to Kite Support;
Service means the Kite Support;
Subscription means a licence to use the Service by one person;
Subscription Fee means the fee to access each Subscription per user per year;
Underlying Systems means all systems, networks, software and hardware used to provide the
Website means www.thekiteprogram.com
2.1 In this Agreement reference to the plural includes reference to the singular, and vice versa.
2.2 In this Agreement reference to any statutory provision includes any statutory provision which amends or replaces it and any subordinate legislation made under it.
2.3 Headings inserted in this Agreement are for convenience of reference only and do not affect the interpretation of this Agreement.
3.1 The Supplier will use reasonable efforts to provide the Services to the Client and their personnel:
4.1 The term of this Agreement will commence on the Start Date and will be subject to clause 4.2 end on the later of:
4.2 The Supplier may terminate this Agreement and the subscriptions provided to the Client’s employees on three (3) months written notice to the Client.
5.1 The Client’s personnel who the Client determines are to use the Service will each obtain a Subscription to use the Service.
5.2 The Client will as soon as possible following the Start Date operate the Service and invite users to obtain a subscription to the Service.
6.1 The client agrees that the Supplier may obtain and retain the Analytical Data obtained from the use of the Service by the Client and their personnel, and use that Analytical Date for the purposes of its own internal research and development. The Supplier agrees that they will keep all Analytical Data confidential and will not permit any disclosure without first obtaining the written consent of the Client.
6.2 The title to and intellectual property in the Analytical Data remains the Supplier’s property.
7.1 The Client will pay 50% of the Initial Fee in cleared funds and without set-off to the Supplier within five (5) Business Days of receiving an invoice from the Supplier for the same. The remaining 50% will be payable on completion of development, and Client will pay this in cleared funds and without set-off to the Supplier within five (5) Business Days of receiving an invoice from the Supplier for the same. The product will be released to the Client upon receiving payment.
7.2 Upon any new Subscription being commenced for any of the Client’s employees, and on the first day of each subsequent month while that Subscription remains current the Client will make payment to the Supplier of the Subscription Fees payable in respect of that Subscription. There will be no apportionment for the first and last months for any Subscription with each month being of the same value.
7.3 The Supplier may charge interest on overdue amounts. Interest will be calculated from the due date to the date of payment (both inclusive) at an annual percentage rate equal to the corporate overdraft reference rate (monthly charging cycle) applied by the Supplier’s primary trading bank as at the due date (or, if the Supplier’s primary trading bank ceases to quote that rate, then the rate which in the opinion of the bank is equivalent to that rate in respect of similar overdraft accommodation expressed as a percentage) plus 2% per annum.
7.4 By giving at least 15 Business Days’ notice, the Supplier may increase the Fees once each Year (but not the first Year) by the percentage change in the New Zealand Consumer Price Index (or similar or equivalent index if that index ceases to be published) over the 12 months preceding the last quarterly publication of that index issued by Statistics New Zealand prior to the date of the notice.
7.5 If the Client does not wish to pay the increased Fees, it may terminate the Agreement on no less than 15 Business Days’ notice, provided the notice is received by the Supplier before the effective date of the Fee increase. If the Client does not terminate the Agreement in accordance with this clause, it is deemed to have accepted the increased Fees.
8.1 All Intellectual Property Rights in, the Services, the Kite Website, and all Underlying Systems is and remains the property of the Supplier. The Client must not contest or dispute the ownership, or the validity of those Intellectual Property Rights.
9.1 Each party must, unless it has the prior written consent of the other party:
Confidential Information from unauthorised access or use; and
9.2 The obligation of confidentiality in clause 9.1 does not apply to any disclosure or use of Confidential Information:
10.1 Each party warrants that it has full power and authority to enter into and perform its obligations under the Agreement which, when signed, will constitute binding obligations on the warranting party.
To the maximum extent permitted by law:
(a) the Supplier’s warranties are limited to those set out in the Agreement, and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise (including any warranty under the Contract and Commercial Law Act 2017) are expressly excluded and, to the extent that they cannot be excluded, liability for them is limited to NZD$1,000; and
(a) the Supplier makes no representation concerning the quality of the Services and does not promise that the Services will:
i meet the Client’s requirements or be suitable for a particular purpose; ii be secure, free of viruses or other harmful code, uninterrupted or error free.
10.2 The Client agrees and represents that it is acquiring the Services, and entering the Agreement, for the purposes of trade. The parties agree that:
10.3 Where legislation or rule of law implies into the Agreement a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in the Agreement. However, the liability of the Supplier for any breach of that condition or warranty is limited, at the Supplier’s option, to:
11.1 The maximum aggregate liability of the Supplier under or in connection with the Agreement or relating to the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in any year exceed the Fees paid by the Client to the Supplier.
11.2 Neither party is liable to the other under or in connection with the Agreement or the Services for any:
12.1 Before taking any court action, a party must use best efforts to resolve any dispute under, or in connection with, the Agreement through good faith negotiations.
12.2 Each party must, to the extent possible, continue to perform its obligations under the Agreement even if there is a dispute, provided where the Client has not paid the Fees reasonably considered owing by the Supplier for 30 Business Days from their due date for payment the Supplier may suspend or cancel the supply of the Services and any such suspension or cancellation is without prejudice to the rights to pursue the recovery of all outstanding Fees and costs arising in respect of their recovery.
12.3 This clause does not affect either party’s right to seek urgent interlocutory and/or injunctive relief.
13.1 Neither party is liable to the other for any failure to perform its obligations under the Agreement to the extent caused by Force Majeure, provided that the affected party:
unreasonably withheld. The Client remains liable for its obligations under the Agreement despite any approved assignment, subcontracting or transfer. Any assignment, novation, subcontracting or transfer must be in writing.
This is version 1.0 of this agreement (End User Agreement) and became effective on [date].
You are being granted access to the App because the organisation you work for, contract to, or are otherwise engaged with (your organisation) has:
agreed to subscribe, under a [subscription agreement] (Master Agreement), for certain services provided by us including the App; and
requested that we provide you with access to the App.
In accordance with the Master Agreement, we have agreed to provide you with access to the App subject to you agreeing to be bound by this End User Agreement.
By clicking on the “accept” button, you agree to the terms of this End User Agreement in their entirety, which shall form a binding agreement between you and us.
Please read this End User Agreement carefully. If you do not agree to these terms, you must not access the App, or if you have, you must immediately cease any such access and use.
If you download the App onto any computer, mobile phone, tablet or other device (Device) not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the Device.
In this End User Agreement:
we, us and our means The Kite Program Limited (the provider of the App), and
User or you means the person who uses the App.
Other capitalised terms not otherwise defined have the meaning given to them in clause 17.
Where any provision of the Master Agreement is inconsistent with any provision of this End User Agreement then:
as it relates to your access to and use of the App, the terms of this End User Agreement shall prevail (but only to the extent of the inconsistency); and
as it relates to the access to and use of the services provided by us to your organisation, the terms of the Master Agreement shall prevail (but only to the extent of the inconsistency).
The ways in which you use the App may also be controlled by [Goggle Play and the App Store]’s rules and policies available [here], and those rules and policies will apply instead of the terms of this End User Agreement where there are inconsistencies between the two (but only to the extent of the inconsistency).
Under privacy and data protection laws, we are required to provide you with certain information about who we are, how we process your Personal Information and for what purposes and your rights in relation to your Personal Information and how to exercise them.
This End User Agreement shall commence on your acceptance of this End User Agreement and shall continue until the earlier of:
expiry or termination of the Master Agreement;
your organisation requesting that you no longer have access to the App (when we process that request);
when you request the cancellation of your Account at any time by following the prompts within the App (when we process that request).
Upon termination of this End User Agreement for any reason, you must cease using the App and follow all reasonable instructions from us in relation to cessation of such use.
Any termination of this End User Agreement shall not relieve either party of any obligation accrued prior to such termination, and shall be without prejudice to the rights and remedies with respect to default or breach of this End User Agreement prior to termination.
In return for accepting and complying with the terms of this End User Agreement, we grant you a limited, non-exclusive, non-transferable and revocable right to access and use the App strictly in accordance with the Master Agreement and this End User Agreement.
You agree that your right to use the App is subject to you:
complying with this End User Agreement;
following any directions we give you from time to time in relation to use of the App;
exercising at all times all reasonable care and diligence, and you must not pass any virus, worm, bug or other computer infection to us, or any third party providers; and
complying with all applicable laws and regulations that apply to your use of the App,
and your organisation must comply with the Master Agreement.
All rights not expressly granted under clause 5.1 are reserved by us and any other applicable third party providers of the App.
The Features we offer may include the ability for your organisation to receive notifications or reports on your use of the App, including updates on your progress with Kite programs or modules. We do not safeguard an interruption-free and latency-free end-to-end connection between you and your organisation.
You accept that the App and its Features may evolve and change over time. We reserve the right at any time to modify, adapt, suspend or discontinue, whether temporarily or permanently, your access to the App or any Features (or any part of them) with or without notice to you. To the extent permissible at law, we will not be liable to you or to any third party for any modification, adaptation, suspension or discontinuance of the App or any Features.
Some Features within the App are dependent on:
the capabilities of your Device, and you are solely responsible for the installation and configuration of the App on your Device;
your organisation enabling your access to that Feature, and your organisation is solely responsible for determining which Features you will have access to;
you enabling that Feature for the App on your Device, for example you have the ability to turn on or off  for the App on your Device;
your Device’s connection to the internet;
certain third party providers and the availability of their products and services, all of which may be subject to changes by those third parties,
accordingly, such Features may be modified or limited.
This End User Agreement does not grant to you any rights to use any other products or services offered by us, and you must not attempt to do so or assert otherwise.
You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell the App. Additionally, you agree:
to use the App for personal development purposes and not for any other purpose, including any commercial purpose;
not to use the App for any illegal purpose;
to ensure that any information you provide in connection with your Account and general use of the App is and will remain true, accurate and current, and that you will promptly notify us of any change in such information;
to keep your Account details and password strictly confidential and not share your Account password with any other person;
not to access, monitor or copy the App or its Content using any robot, spider, scraper or other automated means or any manual process for any purpose;
not to violate the restrictions in any robot exclusion headers within the App or bypass or circumvent other measures employed to prevent or limit access to the App;
not to take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
not to deep-link to any part of the App for any purpose;
not to “frame”, “mirror” or otherwise incorporate any part of the App; and
not to attempt to modify, translate, adapt, edit, decompile, disassemble, reverse engineer or undermine the security or integrity of any software programs used by us in connection with the App.
We will take all reasonable steps to ensure that the App functions as intended. However, you acknowledge that your access to the App may be disrupted as a result of a malfunction, updating, maintenance or repair of the App or for any other reason within or outside our control.
To the extent permissible at law, we shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the App. We will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the App.
You agree that use of the App is at your own risk and that we do not warrant that the App will meet your specific requirements, or that use of the App will be uninterrupted, timely, secure, or error-free.
You shall be liable for all action taken by any person that has obtained access to your Account (whether they have authorised such access or otherwise) and agree to notify us immediately of any unauthorised use of your Account or other breach of privacy or security.
We will treat Personal Information as confidential information, and will make every reasonable effort to keep confidential information confidential and secure. We will not disclose your confidential information except:
for disclosures to your organisation where a Feature of the App allows your organisation access to such information;
to our personnel and any third-party service provider that we work with where necessary to operate the App;
if required or permitted by law; or
where you otherwise give us permission to do so.
Nevertheless, because internet transmissions cannot be guaranteed to be 100% secure in all aspects (including in relation to unauthorised use and disclosure of Personal Information), you acknowledge and agree that you use the App at your own risk, and you should only proceed to use the App if you accept this condition.
You must not share another person’s Personal Information within the App without that person’s explicit permission.
You agree that we own (or have obtained to rights to use) all Intellectual Property Rights associated with the App and its Content.
Copying, transmission, reproduction, replication, posting or redistribution of the App or its Content (or any part of them), is strictly prohibited without our prior written consent. To request permission, you may contact us at: email@example.com
In no event or circumstances shall we be liable to any person, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business, whether caused by any User, us, our employees, agents or any other persons acting on its behalf.
To the extent permissible at law the total liability of us for any loss arising from or in connection with this End User Agreement, the App or its Content, will not in any circumstances exceed NZ$100 in aggregate. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree that we may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the App and store and manage its Content.
This End User Agreement shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts for any matter arising under or relating to this End User Agreement.
We may transfer, assign or sub-license its obligations under this End User Agreement and its rights and obligations without your consent.
If any provision of this End User Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this End User Agreement shall otherwise remain in full effect.
This End User Agreement may be amended or replaced from time to time to reflect changes in law or best practice, based on User feedback or to deal with additional Features which we may introduce.
We reserve the right to amend or replace this End User Agreement at any time, with or without prior notice to Users, by posting updated End User Agreement on the Website. Any updated End User Agreement become effective as soon as they are posted.
If an updated End User Agreement constitutes a material change, we will endeavour to communicate the change via:
a notification sent to the email address connected to your Account;
an in-App notification; or
an announcement on the Website.
Your continued use of the App following any amendment of this this End User Agreement constitutes your acceptance of the updated End User Agreement.
If you do not agree to the updated End User Agreement you must cease to use the App and cancel your Account.
From time to time We may update the App in accordance with the Master Agreement or to improve performance, enhance functionality, introduce new Features or address security issues.
Except for new Features (where clause 6.3.2 applies), if you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
In this End User Agreement, the following terms have the following meanings:
Account means an account within the App set up by a User.
App means the personal development application provided by us, and unless the context requires otherwise includes all such applications we provide (including, without limitation any application provided through the Website).
Content means any content or materials including (but not limited to) still or moving images, videos, sound recordings or other audio-visual materials, artistic works, written works as well as the infrastructure used to provide such content.
Features means the features, functions, modules and programs available within the App.
Intellectual Property Rights means any intellectual property rights in existence now or coming into existence in the future anywhere in the world and includes (but is not limited to) rights in respect of copyright, trade marks (whether registered or unregistered), inventions, patents, designs (whether registered or unregistered), confidential information and know how.
Personal Information means any information relating to an identified or identifiable individual.
Website means the website at www.thekiteprogram.com, including parts or features of that website that can be used or accessed without requiring registration or logging into the App.
Membership: Well-Gold is made up of individual members. It is not an organizational membership. Your membership remains with you, regardless of your employment or who funds your membership. The membership year is 12 months from the date of your application or renewal with membership fees for new members due at time of your application. It is your responsibility to keep Well-Gold informed of any changes of address and other contact information.
Payment: Credit card payments can be made through our secure website. Invoices may be paid by credit card and internet banking and are due within 14 days. Please ensure you include the invoice number as your reference with your payment.
Renewal: Well-Gold membership will commence on the date on which your application is received and your fees will cover the 12 month period. One month prior to your renewal date you will be invoiced for the next year’s fee at the rate then applying.
Overdue accounts: Overdue accounts are deemed to be those accounts that remain unpaid after thirty days from the date of invoice. Your Well-Gold membership will be disabled after two months from the date of invoice.
Resignation: A member may resign their membership by notifying My Health Revolution in writing by email to firstname.lastname@example.org. If any monies are due to Well-Gold at date of resignation, they remain payable. To avoid being invoiced for the next membership year please submit your resignation ideally no later than the month before your renewal month, as invoices are automatically generated 1 month prior to your renewal date for the following membership year. For resignations during the term of membership, there are no partial refunds.
Personal data: To ensure that we can communicate with you, share knowledge amongst members, organise events, share updates, and plan for the future of the group, we need to collect different types of information, including personal data. As the hosts of the group, we are very protective and want to make sure you feel it is a safe place to share. Please note:
Early bird membership: Early bird membership is offered at 50% of the normal annual price. In recognition that Well-Gold is not yet at full capacity, members will be offered regular support by the Founder and associates of My Health Revolution (including a monthly check-in call). By agreeing to an early bird membership, members acknowledge that not all of the listed benefits of membership are fully available.
Disclaimer: The materials on the Well-Gold website are intended to provide general information only and may not necessarily be accurate or current. This site may contain links or other references to other parties and their websites. My Health Revolution cannot control the contents of those other sites, and makes no guarantee about the accuracy, timeliness or subject matter of the material located on those sites. My Health Revolution does not necessarily approve of, endorse or sponsor any content or material on those sites.
My Health Revolution makes no guarantees or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world. Well-Gold is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or other sites by linking or allowing links to, this website to such material on other sites.
To the maximum extent permitted by law, Well-Gold and each author of this site disclaims any liability to any person arising out of any action or failure to act by that person, in accessing, downloading, using or relying on any materials from this website whether caused by the negligence of My Health Revolution/Well-Gold or otherwise.
Under no circumstances will My Health Revolution/Well-Gold and each author of this website be liable for any indirect, incidental, special or consequential damages, including damages for loss of business or other profits, arising in relation to the use of any material from this website in any way whatsoever whether caused by the negligence of My Health Revolution/Well-Gold or otherwise.
My Health Revolution/Well-Gold does not represent or guarantee that any files obtained from or through this site are free from computer viruses or other defects. Any such files are provided, and may only be used, on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.
Acknowledgement of terms: Unless you formally advise otherwise, your continued association and use of the website will be taken by Well-Gold as your acceptance of these terms. These terms and conditions may change from the time to time and we will do our best to update the group when this happens. The intention is to ensure the group continues to thrive and be a place of learning, growth and support.