TERMS OF USE

Welcome to This Life By Gab website (the "Site"). The Site is owned and operated by Gab Johnston Limited trading in New Zealand as This Life By Gab.

References in these Terms and Conditions and in our Privacy Policy [link] to “we” and “us” means Gab Johnston Limited.

Please read these terms of use carefully before using this Site. Your use of this Site is expressly conditional upon your acceptance of the following terms of use.

By using this Site, you signify your assent to these terms of use. If you do not agree with any part of the following terms of use, you should not use this Site.

PURPOSE OF THE SITE

The purpose of the Site is to provide you with information about us, our programmes, products and services, and the activities we undertake. In addition, you may be able to purchase our programmes, products and services through the Site.

AVAILABILITY OF THE SITE

We have taken every care in the preparation of the Site. However, as certain technical matters may be beyond our control, we cannot guarantee that you will have uninterrupted access to the Site at all times.

INFORMATION ON THE SITE

The information on the Site has been included in good faith for general informational purposes only. It should not be relied upon for any specific purpose and no representation or warranty is given as to its accuracy or completeness.

PRODUCT AND SERVICE AVAILABILITY

Reference to any programme, product or service on the Site does not constitute an offer to sell or supply that product or service and does not mean that the programme, product or service is available.

We cannot guarantee that a product listed as in stock will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and be sold out by the time your order is processed.

However, if an item is sold out at the time your order is processed, we will notify you by e-mail or telephone that your order will not be filled and your credit card will be refunded.

COLOURS

We endeavour to display the colours of our products as accurately as possible. Nevertheless, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

PRODUCT ORDERS

Prices and availability of the programmes, products and services listed on the site are subject to change without notice. All prices and charges as listed on the site are displayed and charged in New Zealand dollars (NZD) inclusive of goods and services tax unless otherwise stated.

In the event a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such programme, product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.

We reserve the right to substitute a product of equal value and nature if the original product becomes unavailable.

REFUND

Your satisfaction with your programme, service or product is of importance to us. However, due to the downloadable nature and extensive time and effort we put into our programmes, services and products, there are no refunds on any instant digital downloads purchased from us. We do not refund due to change of mind or if services have already been provided. Under certain circumstances we provide refunds at our discretion if a product has not been accessed to completion. By using and purchasing our programmes, services or products you acknowledge and agree that no refunds will be given to you unless otherwise stated in the terms of purchase of the individual product, programme or service.

ORDER ACCEPTANCE

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.

PAYMENT

You are responsible for any payments due for any programmes, products or services ordered through your account. If we do not receive payment from your credit issuer or its agents, you agree to pay all amounts due to us. You shall also be responsible for any costs of collection of overdue payment.

If you are paying by credit card, you give us permission to automatically charge your credit card for the payment of any programme, service or product. You will then receive an electronic receipt.

Upon purchasing a programme, product or service utilising a payment plan option, you agree to complete all payments on the outlined payment schedule. Failure to complete your payments on time may result in additional overdue payment charges unless otherwise discussed with us and agreed to in writing.

OWNERSHIP OF MATERIALS ON THE SITE

Gab Johnston Limited is, unless otherwise stated, the owner of all copyright, trademark and other proprietary rights in the Site and its contents.

Without limitation of the foregoing, we own a copyright in the Site as a collective work and/or compilation, and in the selection, co-ordination and arrangement of the information and content in the Site.

You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with or as permitted by the Copyright Act 1994.

Except as expressly provided in these Terms and Conditions of use, we grant no rights to you under any patents, copyrights, trademarks, trade secrets or any other proprietary rights.

You may not, without our prior written permission use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site.

You also may not: engage in the mass downloading of files from this Site; use the computer processing power of this Site for purposes other than those permitted above; or flood this Site with electronic traffic designed to slow or stop its operation.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you either through the Site, any of its services, by e-mail, or in any other way.

Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material.

All comments, feedback, information or other material submitted shall be and remain our property and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted information and materials have been waived.

INTELLECTUAL PROPERTY

All programmes, products, and services and all the programmes materials provided to you are our property unless otherwise indicated. They are protected by copyright, trademark and other intellectual property laws in New Zealand. This content includes, but is not limited to the design, layout, look, appearance, graphics of our programme materials or any other material or aspects of materials provided by us to you.

If you purchase or use any of our programmes, products or services you will be considered our licensee. You are granted with a revocable, non-transferable licence for personal use only which is limited to you only. You may not use our programmes, products or services in a manner that has not been authorised by us or where it constitutes an infringement on our rights.

You are permitted to download and print material from our website for your own personal use. However, you are not permitted to share, sell, reprint or republish, upload, modify, adapt or represent any of our programmes or services for personal and commercial use. You must not share our programmes, services or products to any other person in a way that earns you or them money, whether it was known to you or not at the time you shared it. Further, you must not share our programme, services or products with family, friends, other businesses or colleagues.

You agree that engaging in the prohibited use or unauthorised use of our programmes, services and products may give rise to a civil claim for damages or theft under our law.

TRADEMARKS

All brand, programme, product and service names used in the Site are the trademarks, trade names or service marks of Gab Johnston Limited unless otherwise stated.

You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or service marks, or use any meta tags or any other "hidden text" utilising any such trademarks, trade names or service marks, without the express prior written permission of Gab Johnston Limited or the owner of such trade marks, trade names or service marks.

REGISTRATION AND SECURITY

If you wish to purchase any programmes, products or use certain services on the Site, you must open an account with us and provide the required information to us.

By entering any information on the Site, you represent and warrant that:

(i)             you are at least 18 years of age;

(ii)            you are using your actual identity;

(iii)           you have provided only true, accurate, current and complete information; and

(iv)          you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.

Additionally, you agree to maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to the Site or any portion thereof, and you agree not to allow any other entity to use any username(s) or password(s) that are issued to you.

You shall be responsible for all activity that occurs under your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

All information provided to us will be used in accordance with our Privacy Policy [link]. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorised use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.

MODIFICATION OF THE SITE AND THE SERVICES

We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability.

We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

We may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason at all.

EXTERNAL LINKS

We may provide links to other websites from time to time. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.

AFFILIATE MARKETING

We are open and honest about every service or product we use, advertise and recommend. We may have financial arrangements with other businesses to recommend or advertise their services or products but will only do so if we think highly of their service or product. Users should also assume that we receive a commission from promoting other businesses whose links appear on our Site.

DISCLAIMER OF WARRANTIES AND LIABILITY

The Site, and any content available on the Site, are provided on an "as-is" and "as available" basis.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to all warranties of merchantability, fitness for a particular purpose, accuracy or availability.

You expressly agree that use of the Site is at your sole risk and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Site.

Neither we, nor any of our business partners, represent or warrant that the site will be uninterrupted or error-free, that defects, if any, will be corrected, or that the Site is free of viruses or other harmful components; nor do we or they make any representations or warranties about the accuracy, reliability, currency, quality, performance or suitability of the Site or any content available on the Site.

In the event of any problem with the Site or any content, you agree that your sole remedy is to cease using the Site.

All programmes, products and services listed or purchased on or through the Site are subject only to any applicable express warranties.

To the fullest extent permissible by applicable law, we disclaim all other warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, suitability, acceptability, quality or fitness for a particular purpose, with respect to products and services listed or purchased on or through the Site.

We disclaim any and all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misapplication.

PERSONAL RESPONSIBILITY

When purchasing our programmes, services and products you agree you are using your own judgment and are doing so at your own risk. Our programmes, services and products are for informational, entertainment and educational purposes only and you assume all risk and no results are guaranteed in any way to our programmes, services and products. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our programmes, services and products. We do take every precaution to protect our programmes, services and products, but due to the nature of the Internet we cannot completely warrant the security of them or the contributions or information on them. 

LIMITATION OF LIABILITY

To the fullest extent permitted by law, the sole remedy for any claim for damages arising out of or related to any product or service listed or purchased on or through the Site shall be limited to a refund of the purchase price paid for such programme, product or service.

Under no circumstances shall we or any of our business partners, or any of our or their respective officers, directors, shareholders, employees, agents or representatives, or any other party involved in creating, producing, transmitting or distributing the Site or any product sold through the Site, or any part thereof, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages or loss of any kind arising from or in connection with the Site or any content, programmes, products or services made available or listed on it, whether for breach of contract, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages.

In the event the foregoing limitation of liability is held to be unenforceable for any reason, then our maximum liability for any of the foregoing types of damages shall be limited to the amount that we receive for the transaction that gave rise to the claim.

DISCLAIMER

You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other programme, service or product participant or user, including yourself. Our programmes, services and products are not to be relied upon in any ways as medical health advice. Our programmes, products and services are not intended to be a substitute for professional medical advice. Do not disregard or delay seeking medical advice because of the information you have gained from or received from us. If you suspect you have a medical or mental health issue, please contact your health care provider immediately. We are not providing, diagnosing, treating or preventing any medical issue you may have.

You acknowledge that we will not make any representations as to the health, physical, mental, emotional, spiritual benefits, future income, expenses, projected profitability or loss that may result from your participation in our programme, service or product. We cannot guarantee you will get a particular result, positive or negative, financial or otherwise from our programme, service or product. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

We try to ensure our programmes, services and products are available and the delivery is uninterrupted with no errors. This also includes our content and communication through our Site, emails, private Facebook groups, course hosting platforms, audio recordings, webinars and videos, eBooks or any other materials provided by us. We cannot guarantee that your access will not be suspended or restricted from time to time because it allows for repairs, maintenance and updates. We will try to limit the duration and frequency of the suspension or restriction. We will not be liable to you for damages or refund should our programmes, services and products become unavailable or access to them is slow or incomplete for any given reason.

TERMINATION

You have the right to terminate the use of our programmes, services or products at any time by sending us an email to hello@thislifebygab.com. In the event of termination, you will have 24 hours to pay any and all remaining account balances which is owed to us from products, programmes or services that have been downloaded, accessed or utilised in any way. Refunds will not be provided for any services that have already been delivered, however on a case by case basis you may qualify for a refund for any services you have pre-paid in advance that have not been provided on the date of termination. Your access to any aspect of our programme, service or product and other materials will also be terminated.

AMENDMENT OF THE TERMS

We reserve the right to amend these Terms of Use without notice to you from time to time. If we decide to change these Terms of Use we will post those changes here. We encourage you to visit this section of our Site regularly in order to remain informed of any changes. Any such amendment shall be effective once the revised terms have been posted on the Site.

APPLICABLE LAW

The Site and these Terms of Use are governed by and will be construed in accordance with the laws of New Zealand.

Any matter or disputes in relation to the Site or these Terms of Use, or your access or use of the Site, shall be subject to the exclusive jurisdiction of the New Zealand courts.

PRIVACY POLICY

We encourage you to read our Privacy Policy [link], which is incorporated by reference into these Terms of Use. By using the Site, you agree to the Privacy Policy.

COMMENTS

If you have any comments or questions about or Site please contact us on hello@thislifebygab.com

OPERATOR NOTICES

The Site is owned and operated by Gab Johnston Limited trading as This Life By Gab.

All formal notices to us shall be sent to Attn: This Life By Gab, hello@thislifebygab.com

All notices to you shall be sent to the email address that you provide to us when you register. Such notice shall be deemed given one business day after the email is sent.

Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived.