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Terms of service

1. About these Terms

These Terms govern your access to and use of this website lolu.co.nz and any related webpages, checkout, content, services, programs, and educational courses operated by LOLU Limited (together, the “Website” or “Services”).

By accessing or using the Website or Services, you agree to these Terms. If you do not agree, do not use the Website or Services.

2. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will provide reasonable notice (for example, by posting a notice on the Website or notifying you by email where appropriate). The updated Terms apply from the effective date shown above.

Your continued use of the Website or Services after the effective date means you accept the updated Terms.

3. New Zealand consumer law

Nothing in these Terms is intended to limit or exclude any rights you may have under the Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act 1986 (FTA), where such rights cannot be lawfully excluded. The CGA provides consumer guarantees for goods and services bought for personal, domestic, or household use. 

If you are acquiring goods or services for business purposes, different rules may apply (including in some cases contracting out of the CGA where legally permitted and agreed in writing). 

4. Who we provide Services to

Our Services may include:

  • Nutritional supplements and consumable products sold through the Website;

  • Nutrition programs and consultations (including tailored plans);

  • Practitioner-oriented education and training courses;

  • Digital content, resources, and tools.

You must provide accurate information when purchasing or registering for Services.

5. Health information disclaimer

Our content and Services are provided for general information, education, and wellness support only.

  • Not medical advice: Our Services are not a substitute for medical advice, diagnosis, or treatment.

  • No disease claims: We do not claim our Services prevent, diagnose, treat, cure, or prevent disease.

  • Check with a professional: If you have a medical condition, are pregnant or breastfeeding, are under 18, or take prescription medicines, please consult your GP or qualified health professional before using supplements or making significant diet/lifestyle changes.

  • Results vary: Outcomes depend on individual factors, adherence, and variables outside our control.

6. Orders, pricing, and product information

We aim to ensure product descriptions, pricing, availability, and content are accurate, but the Website may occasionally contain typographical or technical errors. We may correct errors and update information at any time.

7. Returns, exchanges, store credit, and refunds 

Your purchases are covered by our Return & Refund Policy (published on the Website) and New Zealand consumer law. This section summarises key principles:

7.1 Change-of-mind returns

For health, hygiene, and safety reasons, we do not accept change-of-mind returns for nutritional supplements and food products intended for consumption once supplied/shipped.

This does not affect your rights to a remedy under the CGA if the goods are faulty, unsafe, not as described, or otherwise fail the CGA guarantees. 

7.2 Exchanges or store credit

Where permitted by our published policy, we may offer an exchange or store credit for eligible requests (for example, where the wrong item was shipped), subject to stated conditions (time limits, unopened condition, proof of purchase, and return logistics). Any such remedy is offered in a manner consistent with NZ consumer law.

7.3 Faulty or damaged goods

If goods arrive damaged or are faulty / not of acceptable quality / not fit for purpose / not as described, you may be entitled to remedies under the CGA (which can include repair, replacement, refund, or compensation depending on the issue). We may request evidence and/or return of the product for assessment. 

7.4 Services, programs, and courses

Where you purchase services (consultations, programs, courses), you are entitled to services performed with reasonable care and skill, and otherwise meeting CGA guarantees where applicable. Dissatisfaction with outcomes alone does not necessarily mean the service fails CGA guarantees.

Specific cancellation / rescheduling / non-refundable components (e.g., late cancellations, no-shows, program proration, course access) are governed by the published policy and the specific service description at purchase, and do not limit non-excludable rights under NZ consumer law.

7.5 International orders

For customers outside New Zealand, delivery, customs, duties, and local consumer laws may differ. Our obligations under the CGA generally apply to goods and services supplied to NZ consumers for personal/domestic use. This section does not limit any rights you may have under applicable laws in your jurisdiction.

8. Acceptable use of the Website

You agree not to:

  • misuse the Website, attempt to interfere with security, or introduce malware;

  • scrape, harvest, or misuse content in breach of law;

  • infringe intellectual property rights;

  • use the Services in a misleading or unlawful manner.

We may suspend or restrict access if we believe misuse is occurring.

9. Intellectual property

All content on the Website (including text, graphics, videos, downloads, course materials, tools, logos, and trademarks) is owned by or licensed to LOLU Limited and protected by applicable IP laws (including the Copyright Act 1994).

You may use the content for your personal, non-commercial use only. You must not copy, reproduce, distribute, resell, publicly display, create derivative works from, record, or commercially exploit our materials (including course content) without our prior written permission.

10. User-generated content and communications 

If you submit reviews, comments, messages, or other content, you agree you have the right to submit it and it does not infringe others’ rights. You grant LOLU Limited a non-exclusive licence to use that content for operating and promoting the Services (unless you request removal and we can reasonably comply).

11. Third-party links

The Website may contain links to third-party websites. We are not responsible for third-party content, products, or services. Accessing third-party sites is at your own risk.

12. Privacy and personal information

Our collection and handling of personal information is governed by our Privacy Policy and the Privacy Act 2020.

We will not retain personal information longer than required for lawful purposes (including providing Services, compliance, accounting, and dispute resolution), and will take reasonable steps to protect it. 

13. Disclaimers

The Website and Services are provided on an “as is” and “as available” basis. To the extent permitted by law:

  • we do not warrant the Website will always be uninterrupted or error-free; and

  • we do not warrant that information will be complete or suitable for every individual’s circumstances.

However: we do not exclude any guarantees, warranties, or remedies that cannot be excluded under New Zealand consumer law. 

14. Limitation of liability

To the maximum extent permitted by law, and subject always to Section 3 (New Zealand consumer law):

  • we are not liable for indirect or consequential loss (such as loss of profits, business interruption, or data loss) arising from your use of the Website or Services;

  • our total liability for direct loss arising out of or in connection with the Website or Services is limited to the amount you paid to LOLU Limited for the relevant goods or services giving rise to the claim.

Nothing in these Terms limits liability where it cannot be limited under applicable law.

15. Indemnity

You agree to indemnify LOLU Limited for losses, claims, damages, and expenses arising from your:

  • unlawful use of the Website or Services;

  • breach of these Terms;

  • infringement of intellectual property rights; or

  • fraudulent or wilfully wrongful acts.

This indemnity does not apply to the extent the loss was caused by our negligence or breach of non-excludable consumer law obligations.

16. Suspension and termination

We may suspend or terminate access to the Website or Services where reasonably necessary to:

  • protect the Website, users, or our business;

  • address suspected fraud or misuse; or

  • comply with legal obligations.

If you stop using the Services, any rights and obligations intended to survive (including IP, liability, and dispute terms) will continue.

17. Governing law and disputes

These Terms are governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

Before filing proceedings, we encourage you to contact us at info@lolu.co.nz so we can try to resolve the issue.

18. Severability

If any part of these Terms is found invalid or unenforceable, the remaining parts remain in full force.

19. Contact

For questions about these Terms, returns, or services:

Email: info@lolu.co.nz

 

Effective date: 30 June 2022