Privacy Policy, Website Terms of use and

Terms and Conditions of Sale

Privacy policy

Katharina Naran and its related bodies corporate and respects individual privacy and the rights of individuals to control their personal information. We are committed to protecting your personal information. This Privacy Policy sets out our policies and practices regarding the collection, use and disclosure of personal information that you provide to us and which we collect from you. By accessing or otherwise using the website at https://www.katsns.nz/ (the “Website”), contacting us by email or telephone or acquiring our products or services provided from time to time (together, the “Service”), or engaging with us in any other way, you agree to the terms and conditions set out in this Privacy Policy and consent to the processing of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us.

1. Types of personal information we collect and holD

1.1 The types of personal information that we may collect includes:

(a) name, address, email address, telephone number and other contact details;

(b) age and gender;

(d) records of our interactions with you;

(e) your computer and connection information, statistics on page views, traffic to and from and other standard web log information;

(f) any other personal information that may be required in order to facilitate your dealings with us;

(g) any other personal information you may volunteer.

1.2 We may collect personal information about:

(a) individuals;

(b) contractors and suppliers;

(d) other people who come into contact with us in the ordinary course of business; and

(e) applicants applying for a job or position with us: we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision whether or not to make you an offer of employment or engage you under a contract.

1.3 In general, we do not collect your personal information, unless you provide it to us voluntarily and knowingly during your dealings with us, including by way of:

(a) when you voluntarily acquire our Services;

(b) personal contact with us at a face-to-face meeting or situation;

(d) when you invest in our business or enquire about a potential acquisition of our business.

1.4 In some cases, we collect personal information from third parties including public sources, our related companies and our service providers.

1.5 We may hold your personal information in hard copy files and/or electronic files.

2. Security

2.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or unauthorised alteration of your personal information. However, due to the nature of email and the internet, we cannot guarantee the privacy or confidentiality of your personal information. We may store your information in cloud or other types of networked or electronic storage.

2.2 When you provide us with personal information, that information may be collected, stored and processed on servers located outside of New Zealand. As electronic or networked storage can be accessed from various countries via an internet connection it is not always practicable to know in which country your information may be accessed or held.

3. Why we collect, hold, use and disclose your personal information

3.1 We will use and disclose your personal information only for the purpose (the “primary purpose”) for which you provide it to us, which may include:

(a) to provide you with any goods or services that you may request including enabling you to access and use the Services from time to time;

(b) to respond to any query or complaint that you may make or otherwise provide customer support;

(c) for internal administration and operational purposes such as preventing fraud and abuse of our systems and to troubleshoot bugs;

(d) to assist in providing better products and services to you by tailoring the Services to meet your needs;

(e) to consider your employment or contractual engagement application;

(f) to provide you with further information about us or other websites or products or services offered by us or which we consider may be of interest to you;

(g) to carry out marketing, promotional and publicity activities (including direct marketing), market research and surveys;

(h) to keep our Website relevant and of interest to users;

(i) to show you advertising and information that is most relevant to you and your interests;

(j) to assist in arrangements with other organisations (such as loyalty program partners) in relation to a product or service we make available to you;

(k) to allow us to run our business and perform administrative and operational tasks (such as training staff, risk management; developing and marketing products and services, undertaking planning, research and statistical analysis; and systems development and testing, keeping our records up to date, being efficient about how we fulfil our legal and contractual duties);

(l) to comply with legal and regulatory requirements;

(m) to detect any fraud or crime, or money laundering and counter financing of terrorism in connection with any laws, rules or regulations in New Zealand or overseas for analysis in aggregate form (with identifiable characteristics removed so that you will remain anonymous); and

(n) for any other purpose which is stated to you at the time of collection or that you otherwise authorise.

4. Who we disclose your personal information to

4.1 We may disclose your personal information to:

(a) third party contractors engaged to perform functions or provide services relating to the purposes for which we collect personal information. If this is the case, we will take reasonable steps to ensure that they comply with this Privacy Policy;

(b) third party service providers or affiliates within or outside of New Zealand who work on behalf of or with us to provide some of our administrative and other services, such as processing payments (such as credit card payments). We require such service providers to agree not to use such information except as necessary to provide the services to us;

(d) any party to whom our assets or business may be transferred or with whom we are merged.

4.2 While we operate our business in New Zealand, we may need to share some of the personal information we collect about you with organisations both inside and outside of New Zealand. Sometimes we may need to ask you before this happens.

4.3 We may also disclose your personal information if we determine in good faith that disclosure is reasonably necessary to protect our rights and pursue available remedies, enforce our terms and conditions, investigate fraud, or protect our operations or users.

4.4 At your request, we will share your personal information with your representative or any person acting on your behalf (for example, financial advisers, lawyers, attorneys, accountants, executors, administrators, trustees or auditors).

5. Cookies

While we do not use browsing information to identify you personally, we may use cookies, web beacons, and other tracking technologies to collect certain information about your use of the Website such as the pages you visit, the date and time of your visit, your IP address and your interaction with the Website. A cookie is a small file containing a string of characters that is sent to your computer or mobile device when you visit a website. When you visit the website again, the cookie allows that site to recognise your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.

6. OTHER purposes

6.1 If our intended collection, use or disclosure of your personal information is outside the scope of collection, use or disclosure set out in this Privacy Policy, we will give you the option to opt out and not receive certain products or services or participate in certain interactive areas, or opt in.

6.2 You can also withdraw your consent where provided or object to the further data processing of your personal information under certain circumstances. If we refuse any request you make in relation to this right, we will write to you to explain why and how you can make a complaint about our decision. The withdrawal of your consent will not affect processing of your information that you had consented to.

7. Managing your personal information

7.1 We will take reasonable steps to ensure that any personal information we collect is up-to-date, complete and accurate, and any personal information that we use or disclose is up-to-date, complete, accurate and relevant.

7.2 You may contact us at kat@katsns.nz or at 187 Mill Road, Bombay 2675 or at 14 Nelson Street, Pukekohe 2120 to seek any of the following:

(a) Access: You can ask to be provided full information about your personal information that we hold.

(b) Change or correct information: You can also ask us to correct any incorrect information we hold about you.

(c) Delete your personal information: You can ask us to delete or destroy your personal information. Please note that certain conditions may apply to the exercise of this right.

(d) Object to, or limit or restrict, use of personal information: You can ask us to stop using all or some of your personal information (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g. if your personal information is inaccurate or unlawfully held).

7.3 In some circumstances, and subject always to legal obligations to the contrary, we may not be in a position to grant access to your personal information or otherwise meet your requests with respect to your personal information.

7.4 If we do not agree to provide you with access to, or to amend or erase, your personal information as requested or otherwise meet your requests, we will notify you accordingly. Where appropriate, we will provide you with the reason(s) for our decision and the mechanisms available to complain about the refusal. If the rejection relates to a request to change your personal information you may make a statement about the requested change and we will attach this to your record.

8. Complaints about a privacy breach

8.1 You can also contact us if you have any questions or complaints about, or if you wish to restrict or object to how we collect, use, disclose, manage or store your personal information. We will respond to your request, where required by law, within one (1) calendar month from the date your request is received. We will inform you if this timeframe is not achievable and extend this timeframe as permitted by applicable law. We may charge a fee to cover the costs of meeting your request if your request is unfounded or excessive.

9. USERS OUTSIDE NEW ZEALAND

Where you are located outside of New Zealand, the information we collect may be processed in and transferred between your location and New Zealand. New Zealand may not have equivalent data protection laws to those in force in your location.

10. Changes to our Privacy Policy

Any changes to this Privacy Policy will be posted onto the Website. Unless stated otherwise, changes will be effective immediately upon being placed onto the Website. Your continued use of the Website means you agree to be bound by the amended Privacy Policy.

WEBSITE TERMS OF USE

Last updated April 2025

Welcome! These terms and conditions (“Ts&Cs”) are important - please read them carefully before you start using our website (“Website”).

These Ts&Cs, our Privacy Policy and any other rules or guidelines that are posted onto the Website from time to time (together, the “Terms”) are entered into between “you”, the user, and www.katsns.nz

By viewing and using our Website you are considered to agree to these Terms without qualification. If you do not agree with any of the Terms, you must stop accessing and using our Website. We reserve the right to change these Terms at any time by notifying users of the existence of the amended terms and conditions through our Website. By continuing to access our Website, you agree to be bound by the amended terms and conditions.

1. Licence to use THE SITE

1.1 Our licence to you. We hereby grant you a non-exclusive, non-transferable licence to use the Website in accordance with the Terms.

1.2 Nature of the service. You acknowledge and agree that: (a) we may, at any time in our sole discretion and without prior notice, alter, amend, interrupt, reschedule, modify, or cease the operation of all or any part or any feature of the Website; and (b) the Website may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

2. Your Responsibilities

2.1 Age. Any persons using this Website for the purpose of purchasing any services or products offered on it at any time must be at least 18 years of age or accompanied by a parent or legal guardian.

2.2 Registration. To purchase products or book services, you may be required to register for an account. Registration is free. By registering on our Website, you consent to receiving marketing, promotional and other material by way of electronic messages from us.

2.3 Your information. When registering for an account, you must use your correct name and information. We will handle all personal information we collect in accordance with our Privacy Policy.

2.4 Your password and login. You are responsible for maintaining the confidentiality of your password and login and you must not share your password or login with any other person. You are responsible for all activities that occur under your password and login. You must not use or attempt to use another person’s password or login to access any part of the Website. You must not transfer your account to another user or maintain more than one account with us without our consent. You must immediately notify us at kat@katsns.nz of any unauthorised use of your password or login or any other breach or suspected breach of security of your account.

2.5 What you must do. In accessing and/or using the Website, you must:

(a) Comply with all applicable laws and you must not use the Website for any purpose that is unlawful or in breach of the Terms;

(b) Not alter or modify any part of the Website;

(c) Not attempt to "hack", decompile, disassemble, or reverse engineer any software deployed in connection with the Website. This includes "phishing", “mining”, accessing "hidden" URLs, trying to guess users’ passwords, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to;

(d) Not knowingly transmit any virus, corrupt files or any other software or function that may damage the operation of the Website or other disabling feature to the Website, or which is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of any part of the Website;

(e) Not use or launch any automated system, including "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;

(f) Not circumvent, disable, or otherwise interfere with security-related features of the Website;

(g) Not alter or remove any copyright statement or other notice of ownership of Intellectual Property Rights which accompany the Website.

2.6 Take your own precautions. You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system.

2.7 Users outside New Zealand. Our Website is operated by us from New Zealand. The information on our Website may not be appropriate or available for use in other jurisdictions. If you choose to access our Website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

3. Warranties

3.1 Warranty. The Website is provided “as is” and “as available”. To the extent permitted by law we do not warrant that the operation of the Website will be secure, confidential, uninterrupted, or error-free and we exclude all representations and warranties (in each case, whether express or implied) in respect of the completeness, accuracy, reliability, suitability, or availability with respect to the Website and the information contained on any part of the Website for any purpose.

3.2 Exclusion of liability. To the fullest extent permitted by law, we exclude all liability for any loss or damage that results from your use of our Website, including from all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including Consequential Loss). If you are a consumer using our Website for non-business activities, then nothing in these terms and conditions is intended to abrogate any rights you might have under the Consumer Guarantees Act 1993 (if any).

3.3 Your liability if you breach these Terms. You agree that if you breach these Terms, or any liabilities are incurred arising out of your use of the Website, you will be responsible for the costs and expenses that we and any of our Associates incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your account and/or personal information unless you can prove that such use was fraudulent. You will take all necessary action to defend and indemnify us and our directors, employees and agents against all costs, expenses and damages incurred in connection with any claim brought by a third party against us that arise from a breach by you of any of these terms and conditions.

4. COPYRIGHT AND TRADEMARKS

4.1 We or our suppliers own copyright in the contents of our Website. No part of our Website may be distributed or copied for any commercial purpose, and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may not frame any part of our Website material by including advertising or other revenue generating material. Further, you may not remove or alter any trademarks or logos that appear on any material on our Website.

5. COOKIES & LINKING

5.1 Cookies. Our Website may use cookies to monitor browsing preferences. By using our Website, you consent to our use of cookies in accordance with the terms of our Privacy Policy .

5.2 Linking. The contents of our Website may include links to third party materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on, or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to our Website and you agree to remove or cease any link on our request.

6. information and material

6.1 The content on this Website is not comprehensive and is provided for general information and education only. It does not consider your individual or specific needs, objectives or circumstances, and it is not professional advice. You should obtain professional or specialist advice before taking or refraining from any action on the basis of any information on this site Before selecting any product or service or acting on any information contained on our Site, you should consider the appropriateness of the information, product or service, having regard to your personal circumstances, goals and needs.

7. Suspension and termination of User Accounts

7.1 Our reserved rights to determine access. We reserve the right, in our sole discretion, to decide whether user activity or behaviour within the Website violates the Terms (including copyright).

7.2 Suspension or termination of your access or account. We may at any time, without prior notice suspend or terminate your access and/or use of all or any part of the Website, and we may suspend or terminate your user account, if, in our sole discretion, we believe that: you have breached these Terms in any way; your access or use of any part of the Website may be directly or indirectly harmful to others or may otherwise violate any laws; we cease to operate the Website, or for any other reason.

7.3 What happens if we suspend or terminate your access? If we suspend or terminate your access or use of the Website, or your account, you are prohibited from continuing to access and use any part of the Website regardless of whether you can continue to do so. In addition, you are not permitted to create, and you must not create any other accounts for access to the Website.

7.4 Inactive accounts. We may also suspend and/or terminate your user account for all or any part of the Website because of your inactivity.

8. General

8.1 Medical disclaimer. Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law. Any information on this Website is given within the scope of our expertise and is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor. You must not rely on any information contained on the Website as an alternative to medical advice from your doctor. We expressly disclaim all responsibility and will have no liability for any damages, loss, injury, or liability whatsoever suffered by you or any third party because of your reliance on any information contained on our Website. If you have any specific questions or concerns about any medical matter, you should consult your doctor as soon as possible. If you think you may be suffering from any medical condition, you should seek immediate medical attention from your doctor. You are strongly advised not to delay seeking medical advice, disregard medical advice or discontinue medical treatment because of the information on our Website.

8.2 Waivers. If a Party does not exercise a right or remedy fully or at a given time, the Party may still exercise it later. A waiver by either Party in respect of a breach of a provision of the Terms by the other Party will not be deemed to be a waiver in respect of any other breach and the failure of a Party to enforce at any time any of the provisions of the Terms will in no way be interpreted as a waiver of such provision.

8.3 Entire agreement. The Terms contain the entire understanding between the Parties concerning our Website.

8.4 Prohibition and enforceability. If any term or provision of the Terms is held illegal, invalid, or unenforceable under any applicable law, that term or provision will be severed, and the remaining terms and conditions will be unaffected.

8.5 Survival. Clauses 3 (Warranties) and 4(Copyright and Trademark) together with any other clauses which contemplate that a Party has any rights or obligations after the Terms expire or terminate, survive the expiry or termination of the Terms.

8.6 Governing law. These Terms are governed by and will be construed in accordance with the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the courts of New Zealand.

9. Definitions

9.1 Definitions In these Terms:

Associate in relation to a Party, means the employees, officers, directors, contractors, and agents of that Party.

Business Day means a day other than a Saturday, Sunday, or a public holiday in Auckland, New Zealand.

Consequential Loss means, without limitation, indirect, consequential, or remote loss or damage; special, punitive, or exemplary damages, loss of profit, revenue, business opportunity, goodwill or reputation and any other special loss or damage.

Intellectual Property Rights means all intellectual and industrial property or protected rights, including copyright, moral rights, patents, trademarks, trade names, confidential information, know-how, trade secrets, registered or unregistered designs, database rights and domain names, whether or not any of them is registered and including applications for registration of any such thing now or in the future in force and effect worldwide.

Privacy Policy means our privacy policy from time to time.

Related Body Corporate has the meaning given in the Corporations Act.

Website has the meaning given at the beginning of these Ts & Cs.

9.2 Interpretation. In these Terms, unless the context requires otherwise: (a) a word that is derived from a defined word has a corresponding meaning; (b) neither this agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for drafting it; (c) a reference to these Terms or any other agreement includes any variation, novation, supplementation or replacement of it; (d) headings are for convenience only; (e) the phrase include or similar phrases does not limit what else might be included; (f) a reference to any legislation or provision of legislation includes all amendments, consolidations or replacements and all regulations or instruments issued under it from time to time; (g) a reference to “law” means all laws in force from time to time; (h) a reference to dollars or $ is to an amount in New Zealand currency; (i) the singular includes the plural and vice versa; (k) “in writing” includes any modes of reproducing words in legible and non-transitory form including by email and other electronic means.

TERMS AND CONDITIONS OF SALE

Last updated April 2025

These terms and conditions (“Ts&Cs”) are a contract between you and the person identified as “We, us, our” in the Schedule (“we”, “us”, “our”). If you are under the age of 18, a parent or guardian must read and agree to these Ts&Cs for you and a reference to “you” means you and your parent/guardian, as applicable.

These Ts&Cs apply when you buy products and/or services from us. Please read them carefully together with any other rules or guidelines that are posted onto our Website or otherwise notified to you from time to time. These Ts&Cs and the rules/guidelines are together referred to as the “Terms”.

1. Your Responsibilities

1.1 What you must do: We require you to:

(a) be on time for your consultations;

(b) be courteous and respectful to our practitioners and staff, and clinic guests at all times;

(c) complete any intake and follow up documentation we require and provide accurate and complete information about yourself (or your child if you are a parent or legal guardian completing information on behalf of your child) and update that information as required, in particular ensure you advise us of all current medical conditions, any known allergies, food intolerances, any medications or supplements you are currently taking and any change in dosage during the period you receive products and services from us, if you have recently received a vaccine or booster, if you are vegan or vegetarian (as some products are derived from animal origins), if you are pregnant, breastfeeding or trying to conceive and anything else that may be relevant for us to know when providing Products and Services to you; comply with any health and safety rules and guidelines required by us from time to time;

(d) deal with us in good faith;

(e) comply with all applicable laws and these Terms.

1.2 Where you are based overseas. Where you are based outside of New Zealand, it is your responsibility to ensure that the Products and Services ordered by you can be ordered, imported and used in the territory where you are based. We will not be responsible for any orders being confiscated or otherwise not being permitted to be provided to you as a result of the local laws in your area.

1.3 Refusal to service. If you don’t comply with these Terms, we may at our sole discretion, cease providing Products and Services to you.

1.4 Consumer. You warrant that you are acquiring the Products and Services for personal, domestic, or household use or consumption only and are not resupplying in trade, or consuming them during a process of production, or manufacture or repairing or treating in trade other goods or fixtures on land. In reliance on this warranty, the parties agree that you are a ‘consumer’ within the definition of the CGA.

1.5 Subject to Consumer Guarantees Act 1993. These Terms are to be read so as to conform to the obligations imposed in the CGA. Where these Terms are different to the Act, the Act will prevail. The provisions of the Contract and Commercial Law Act 2017 apply to these Terms except where the Terms state otherwise (and such contracting out is permissible at law).

2. FEES and payment terms

2.1 Orders subject to availability. All orders placed are subject to our acceptance and product availability. A contract for sale is only formed once we accept your order.

2.2 Orders placed with third party suppliers. We are not responsible for any orders placed with third party suppliers e.g. vital.ly, Ariya or Oborne Health Suppliers. If you purchase from third party suppliers, you agree to comply with any terms and conditions of those parties and the applicable laws.

2.3 Fees. The fees for our Products and Services are as set out on the Website (if applicable) or otherwise provided by us in writing from time to time. All fees are quoted in New Zealand dollars. Where GST is payable, it will be added to the applicable fee. We reserve the right to change our fees at any time upon notice to you. If you are based outside of New Zealand, you are responsible for all customs and import taxes and duties imposed on your orders.

2.4 Payment. Our payment terms vary, depending on the Products or Services that your buy. You agree to pay for the Products and Services in accordance with the relevant payment terms notified to you from time to time.

3. Warranties

3.1 No limitation on your statutory rights. Subject to clause 3.7 (Consumer Guarantees), we make no express warranties or representations other than as set out in this clause 3 and we exclude all liability to you. Nothing in the Terms excludes, restricts or modifies any terms, conditions or warranties that are imposed or implied by law. Limitations and exclusions are made only to the extent that we may legally do so.

3.2 Acceptable quality. You should inspect the Products for fitness for purpose, appearance and finish, durability, safety, and that are free from any minor defects before supply having regard to the nature of the Products, the Fees, statements or representations made about the Products, the nature our business and all other relevant circumstances to the supply of the Products. If you have not had an opportunity to inspect the Products in this way (e.g. due to buying online) for acceptable quality prior to delivery, you must, within 2 (two) working days of first having the opportunity to inspect the Products, notify us of any reason why the Products are not of acceptable quality.

3.3 Purchase from third party. Where you have purchased Products from a third party, you should contact the third party directly with any issues.

3.4 Notice of defects. Where any defects in Products have been notified to you before you agreed to the supply, then the Products will not be considered to be of unacceptable quality by reason only of those notified defects.

3.5 Return of goods. If the Products are not of an acceptable quality, please must return the Products to us. Within 15 working days of return, we will either repair, replace the same, or refund the Fees (if already paid).

3.6 Delivery and risk. Delivery of the Products to a carrier is deemed to be delivery of the Products to you. Risk in the Products transfer to you once we deliver the Products to the carrier.

3.7 Consumer guarantees. Our Products and Services come with guarantees that cannot be excluded under the CGA. For failure with a Product or Service, you are entitled: (a) to a replacement/re-supply, which we will do within a reasonable time; or (b) where the failure cannot be remedied or is a failure of a substantial character, to a refund, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Products and Services. The benefits of this warranty are in addition to any rights and remedies available at law. Our liability to you is limited to the options set out in this clause.

3.8 Refunds. We will only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully, as refunds are not available if you simply change your mind.

3.9 Warranty. Subject to clauses 3.2 (No limitation on your statutory rights), 3.1 (Consumer guarantees) and 3.6 (No liability for allergies and reactions) we warrant that the Products are fit only for the purposes for which the type of goods are commonly supplied and only up to the period indicated on such goods (if any) (“Warranty Period”).

3.10 No liability for allergies and reactions. Some of the Products may contain ingredients that are derived directly from nuts or otherwise contain potential allergens or ingredients that you may react to (e.g. gluten, dairy etc). Some herbs or other ingredients may be contraindicated with certain conditions including during pregnancy. It is your responsibility to read through the ingredients list prior to purchase of the Product and to contact us if you are unsure whether a Product is right for you. If you buy a Product and have a reaction to it, please discontinue use and contact us. You agree that we will not be held liable for allergic or adverse reactions and that we do not exchange or refund on the basis of allergic or adverse reactions to Products.

3.11 Limitation of liability. If our Products and Services fail to comply with the warranties set out in this clause 3 and where this is with respect to any goods and a warranty claim is made within the Warranty Period, our liability is limited to (at our sole discretion): (a) in the case of goods, replacing the goods or supplying equivalent goods; (b) in the case of services, supplying the services again or paying the cost of supplying the services again.

3.12 When we will not accept returns. Subject to clause 3.2 (No limitation on your statutory rights), this warranty will not apply, and we will not accept Products for return where you have has disposed of, lost, destroyed, or damaged the Products after or attached or incorporated the Products into any real or personal property or due to any accident or Force Majeure.

3.13 No guarantee of outcomes. Health and wellness results vary depending on your personal health situation, your environment and other factors. Therefore, we do not make any representations or warranties as to results or outcomes (including, for example, cure of a particular disease or resolution of any symptom or condition etc.) as a result of using our Products and Services and/or following our advice or recommendations.

3.14 Consequential Loss. We are not liable for any Consequential Loss suffered by any person.

3.15 Your liability. You agree that if you breach these Terms, or any liabilities are incurred by us arising out of your use of the Products and Services, you will be responsible for the costs and expenses that we and our Associates incur as a result of the breach, including reasonable legal fees (if applicable). Furthermore, we are not liable for any information, on our Website or elsewhere, being inaccurate, incomplete or not up-to-date; any breach by you of these Terms; any misuse of the Products or Services or any breach of other laws by you.

4. INTELLECUAL PROPERTY RIGHTS

4.1 Intellectual Property. Unless otherwise indicated, as between you and us, we own all right, title and interest (including Intellectual Property Rights) in any information provided to you in the delivery of our Products and Services. Your use of our Products and Services, and your submission of personal information to us, including your health information, does not grant or transfer to you any rights in our Products or Services.

5. CONFIDENTIALITY

5.1 Confidentiality. Your use of the Products and Services is for personal purposes only. You agree not to distribute, publish, duplicate, copy, create, sell or share portions of the Products or Services, use the Products or Services for any commercial purposes or for your own financial gain. You also understand that certain Products and Services (for example e-books or other educational materials written by us) may contain information deemed as confidential by us and you agree to not disclose this information without our permission and written consent (which may be withheld in our absolute discretion). We note, this limitation does not include sharing details of our Products and Services, recommendations or test results with your primary care physician or other relevant healthcare providers, which we recommend that you do.

6. Dispute resolution

6.1 Disputes. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Products and Services including disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

7. General

7.1 Disclaimer. Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law. Any information or guidance provided by us is given within the scope of our expertise and is not intended to be a substitute for the consultation, diagnosis, and/or medical treatment of your doctor. You are strongly advised not to delay seeking medical advice, disregard medical advice or discontinue medical treatment because of the information or guidance we provide you with. We encourage you to discuss any recommendations or guidance we give you with your doctor and any other healthcare professionals you choose to see for your health. Ultimately you are responsible for any decisions you make regarding your health. We therefore expressly disclaim all responsibility and will have no liability for any damages, loss, injury, or liability whatsoever suffered by you or any third party because of your reliance on any information or guidance we provide you with. If you have any specific questions or concerns about any medical matter, you should consult your doctor as soon as possible. If you think you may be suffering from any medical condition, you should seek immediate medical attention from your doctor.

7.2 Privacy. We collect, hold and store your personal information in accordance with our privacy policy. A copy of our privacy policy can be found on our Website or directly from us.

7.3 Force majeure. Neither Party will be liable to the other for any failure to perform its obligations under these Terms where such failure or delay is caused by events beyond its reasonable control, including epidemics, pandemic, quarantine, biological contamination, entry and exit restrictions, industrial disputes, strikes, lockouts, lockdowns, acts of god, acts or threats of terrorism or war (“Force Majeure”) provided such failure or delay could not have been prevented by reasonable precautions or could not have reasonably been circumvented by the non-performing Party by means of alternate sources, workarounds or by using its best endeavours. However, the foregoing does not apply if the Force Majeure event is caused by a breach of the Terms by the non-performing Party. If an event of Force Majeure occurs, we may suspend or terminate an order or booking by written notice to you.

7.4 Exclusion of the Vienna Sales Convention. The United Nations Convention on Contracts for the International Sale of Goods concluded in Vienna, Austria on 11 April 1980 does not apply to the Terms or to any individual contract of sale concluded within the framework of the Terms.

7.5 Entire agreement. The Terms contain the entire understanding between the Parties concerning its subject matter and supersedes all prior communications.

7.6 Governing law. These Terms are governed by and will be construed in accordance with the laws of New Zealand. The Parties agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and courts hearing appeals from those courts.

8. Definitions

8.1 Definitions In these Terms:

CGA means the Consumer Guarantees Act 1993.

Associate in relation to a Party, means the employees, officers, directors, contractors, and agents of that Party.

Business Day means a day other than a Saturday, Sunday or a public holiday in Aucklan, New Zealand.

Consequential Loss means, without limitation, indirect, consequential or remote loss or damage; special, punitive or exemplary damages, loss of profit, revenue, business opportunity, goodwill or reputation and any other special loss or damage.

Consumer has the meaning given to that term in the CGA.

Fee means the amount payable by you to us for our Products and Services.

Force Majeure has the meaning given in clause 7.3 (Force Majeure).

GST means goods and services tax in terms of the Goods and Services Tax Act 1985.

Intellectual Property Rights means all intellectual and industrial property or protected rights, including copyright, moral rights, patents, trade marks, trade names, confidential information, know-how, trade secrets, registered or unregistered designs, database rights and domain names, whether or not any of them is registered and including applications for registration of any such thing now or in the future in force and effect worldwide.

Minimum Notice means a minimum notice required to cancel a consultation booking, as set out in the Schedule.

Privacy Policy means our privacy policy set out on our Website from time to time.

Products means products made available for purchase by us (whether in our clinic or online) and/or via third party health suppliers such as vital.ly, Oborne Health Supplies, Ariya:

(a) remedies and treatments which may include herbal medicine, practitioner-only supplements, retail supplements, homeopathic preparations, nutraceuticals, and tonics.

(b) skincare, beauty products and cosmetics;

(d) meal plans;

(d) household products and cleaning products;

(e) food and beverage products;

(d) gift cards.

and other associated health and wellness products made available by us from time to time.

Services means any health and wellness services provided by us from time to time including consultations with a practitioner, functional and other health and wellness testing, provision of personalized treatment plans, oral and written advice and recommendations, formulation and provision of personalized remedies, provision of health and wellness related courses and programs.

Warranty Period has the meaning given in clause 3.4 (Warranty).

Website means our website, from time to time.

8.2 Interpretation. In these Terms, unless the context requires otherwise: (a) a word that is derived from a defined word has a corresponding meaning; (b) neither this agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for drafting it; (c) a reference to these Terms or any other agreement includes any variation, novation, supplementation or replacement of it; (d) headings are for convenience only; (e) the phrase include or similar phrases does not limit what else might be included; (f) a reference to any legislation or provision of legislation includes all amendments, consolidations or replacements and all regulations or instruments issued under it from time to time; (g) a reference to “law” means all laws in force from time to time; (h) a reference to dollars or $ is to an amount in New Zealand88 currency; (i) the singular includes the plural and vice versa; (k) “in writing” includes any modes of reproducing words in legible and non-transitory form including by email and other electronic means.

SCHEDULE – KEY DETAILS

We, us, our

Name / Company Name: Kat’s Natural Solutions

NZBN:

Address: 187 Mill Road, Bombay 2675

Contact: Katharina Naram, 02102689938, kat@katsns.nz

Contact details for orders and warranty claims

Clause 3.1

Katharina Naram,

187 Mill Road, Bombay 2675

02102689938, kat@katsns.nz

Business Day

Clause 8.1

Auckland

Minimum Notice

Clause 1(c), Attachment B

24 hours

ATTACHMENT A – PRODUCTS

The following terms apply to your purchase of our Products:

1. Orders. You can order products via our Website or in person in our clinic.

2. Practitioner-only products and herbal medicines. In order to access and purchase practitioner-only Products, you will require a Consultation with one of our practitioners prior to purchase.

3. Delivery. Products that you order will be delivered to the address you provide in your order.

4. Delivery dates are estimates. We rely on third parties to deliver Products to you. This means that any period or date for delivery of the Products by us is an estimate only (subject to your rights at law).

5. Product Recalls: If a Product is recalled, you will have a new product issued to you as soon as possible or you will be refunded for that Product. This situation is rare but can happen and we will contact you immediately to cease the consumption of the specific Product.

ATTACHMENT B – SERVICES

1. CONSULTATIONS

The following terms apply when you book a consultation with us:

(a) Booking a consultation. You can book a consultation with one of our practitioners by calling or emailing us, booking via our Website and social media platforms, or booking in person while attending our clinic. Consultations are available in-person at our clinic, by phone or via a Zoom call and by any other means agreed by us and you.

(b) Fees. First time clients and Saturday bookings must be paid for in advance.

(c) Cancellation by you. We understand things come up and sometimes you need to cancel or reschedule your consultation. Cancellation of consultations made with less than the Minimum Notice of 24 hours, or failure to attend a scheduled Consultation, will result in a charge of 50% of the Fee.

(d) Cancellations by us. If we are unable to attend a consultation, we will notify you in writing. We will refund any monies paid upfront by you for the consultation. We are not liable for any loss or damage whatsoever arising from the cancellation.

(e) Refunds. We appreciate your consideration of our time and will express the same consideration for yours. Please give us at least the Minimum Notice of any cancellation. We will provide a full refund of any Fees pre-paid for the Services that have not been provided.

2. TESTING

The following terms apply when you order a test with us:

(a) No liability. You will be advised whether testing will occur onsite at our clinic or off-site by third party providers. We are not responsible for the accuracy of any tests.

(b) Collection of DNA samples for testing: where you have ordered a test that requires a DNA sample (i.e., hair sample, saliva, or blood), you authorise us, where required, to collect, handle and process those DNA samples for testing for testing including sending to third party laboratories or organisations for testing. You acknowledge that DNA samples will not be returned to you.

3. PACKAGE AND PROGRAMS

The following terms apply when you order a package or program from us:

(a) Cancellation. Once your order is confirmed and payment is made, packages and programs cannot be cancelled and refunds will not be offered.

4. OTHER SERVICES

The following terms apply when you order any other services from us:

(a) Cancellation. Once your order is confirmed and payment is made, meal plans cannot be cancelled and refunds will not be offered.

Copyright statement

The content and design of this website is protected by Katharina Naran copyright.

The information provided on the Intellectual Property of Kat’s Natural Solutions website, excluding the intellectual property registers, may be reproduced for personal or in house use free of charge without further permission, subject to the following conditions:

You must reproduce the material accurately, using the most recent version
You must not use the material in a manner that is offensive, deceptive or misleading and
You must acknowledge the source and copyright status of the material.

Whilst every effort has been made to ensure its accuracy, the Crown will not be liable for the provision of any incorrect or incomplete information.