Agreement of Participation and Confidentiality (Online Acceptance)
This Agreement of Participation and Confidentiality (“Agreement”) applies to your participation in LOLU™ HEALTH programs, assessments, nutrition counselling, lifestyle coaching, and any sponsor-funded or subsidised dietary plan components (where applicable).
By ticking the checkbox “I Agree” and submitting this form, you confirm that you have read, understood, and agree to be bound by this Agreement. Your acceptance is recorded electronically (including date/time, Agreement version, and method of acceptance).
If you do not agree, do not submit this form or participate in the Services.
Agreement version: v[1.0]
Effective date: 12 Dec 2024
Contact: info@lolu.co.nz
1. Voluntary Participation and Consent
1.1 By participating, you voluntarily consent to engage in services that may include: health assessments and questionnaires, personal/lifestyle interviews, nutrition counselling and nutrition therapy within legal scope, wellness/fitness/lifestyle coaching, exercise programming/personal training (if applicable), and review of laboratory tests, biometric data, wearable device data, and health history (if provided).
1.2 Participation is voluntary. You may pause or withdraw from the program at any time by contacting info@lolu.co.nz. Withdrawal may affect your eligibility for sponsor-funded benefits (Section 3.6).
2. Accuracy of Information Provided
2.1 You agree that all information you provide—written, verbal, or digital—is accurate and complete to the best of your knowledge.
2.2 You are responsible for informing LOLU™ HEALTH promptly of material changes, including: new symptoms or diagnoses, medication or supplement changes, pregnancy/breastfeeding status, allergies, or any adverse effects or concerns during the program.
2.3 To the maximum extent permitted by law, LOLU™ HEALTH is not responsible for outcomes materially affected by inaccurate or incomplete information you did not disclose.
3. Confidentiality, Data Protection, and Sponsor Involvement
3.1 You acknowledge that health-related information (for example blood results, biomarkers, hormone patterns, body composition metrics such as body fat %, and sleep metrics) is sensitive personal information.
3.2 LOLU Limited trading as LOLU™ HEALTH will handle personal information in accordance with the Privacy Act 2020 (NZ) and, where applicable, the Health Information Privacy Code 2020, and will take reasonable steps to protect it.
3.3 All personal information you share with LOLU™ HEALTH (including assessments, lab reports, images, communications, and health data) will be treated as confidential and will not be sold.
3.4 We will not disclose your identifiable personal information to third parties without your explicit consent, except where required or authorised by law (for example court orders or where disclosure is necessary to prevent or lessen a serious threat to health or safety).
3.5 Secure storage: your communications and documents may be stored securely in LOLU™ HEALTH systems for service quality, continuity, and internal professional review, with access restricted to authorised personnel.
3.6 Sponsor-funded or subsidised programs (where applicable):
(a) A sponsor (“Sponsor”) may fund or subsidise part of your dietary plan, testing, products, or program fees.
(b) By default, the Sponsor does not receive your identifiable health information.
(c) The Sponsor may receive limited administrative information necessary for funding (such as confirmation of participation, stage completion, or invoice/payment references) without your health details, unless you separately authorise otherwise.
3.7 Registered professional oversight: where health metrics or lab data are reviewed or interpreted for program guidance, this will be performed by or under the supervision of a Registered Nutritionist/Dietitian within legal scope.
3.8 No unauthorised use: we will not use your identifiable health information for purposes materially different from those described in this Agreement without obtaining further consent. If we later intend to use data in a way that constitutes health and disability research (for example for generalisable scientific findings, algorithm/model training, or research publication), we will seek new informed consent and assess whether ethics review is required.
4. Scope of Practice and Responsibility Boundaries
4.1 LOLU™ HEALTH provides nutrition, lifestyle, and wellness coaching. We are not a medical provider.
4.2 Our services are not a substitute for medical advice, diagnosis, or treatment. We do not provide emergency medical care.
4.3 Any review or interpretation of health metrics is for wellness support and education and is not a medical diagnosis. You are encouraged to maintain regular medical check-ups and consult your GP for abnormal results or urgent symptoms.
4.4 LOLU™ HEALTH is not responsible for outcomes resulting from non-compliance with recommendations, material omissions/misrepresentation of personal information, or conditions requiring medical care outside our scope.
5. Nature of Recommendations and No Guaranteed Outcomes
5.1 Recommendations may include diet modifications, supplement suggestions, fitness routines, stress management, sleep strategies, behavioural/lifestyle adjustments, and preventive wellness strategies.
5.2 Individual responses vary. LOLU™ HEALTH cannot guarantee outcomes.
6. Participant Responsibilities
You agree to participate actively, follow safety guidance, ask questions when unclear, and promptly report side effects or unusual symptoms.
7. Disclaimer and Limitation of Liability (Subject to Non-Excludable Rights)
7.1 To the maximum extent permitted by law, LOLU™ HEALTH is not liable for allergic reactions/intolerances/adverse responses, injuries due to improper exercise technique, outcomes caused by pre-existing conditions or undisclosed information, or decisions you make independently outside recommendations.
7.2 Nothing in this Agreement limits any rights or remedies you may have under New Zealand consumer law that cannot be lawfully excluded.
8. Optional Separate Consent for De-identified Publication (Before/After Charts)
This Section applies only if you tick the optional publication checkbox.
8.1 Optional consent: You may optionally consent to de-identified (anonymised) publication of outcomes such as before/after charts or trend graphs. This is not required for standard service delivery unless you voluntarily join a specific campaign clearly labelled as such.
8.2 What may be published (de-identified only): aggregated results and/or de-identified charts based on data such as blood lipids, hs-CRP, body fat %, cortisol curve (if provided), and sleep scores (if provided).
8.3 De-identification: Before publication, we will remove or mask identifiers such as name, face/photo, voice, date of birth, report numbers, test IDs, order IDs, address, phone, email, and social handles. We will take reasonable steps to reduce re-identification risk by combination (such as removing precise dates and unique details, and using aggregated results where appropriate).
8.4 Where it may appear: LOLU websites (including lolu.co.nz), LOLU-owned social media, posters/brochures/presentations, education/course materials, and (only if you separately opt in) Sponsor co-branded collateral.
8.5 What we will not publish unless you give explicit additional permission: full lab reports containing identifiers, any identifiable health information, or any file/image that could reasonably identify you.
8.6 Withdrawal of publication consent: You can withdraw consent for public use at any time by emailing info@lolu.co.nz. After withdrawal, we will take reasonable steps to stop future publishing and remove content from platforms we control where practicable. You acknowledge we may not be able to fully remove content that has been copied, cached, shared, reposted, or archived by third parties.
9. Communications
You consent to receive program-related communications via email, messaging platforms, phone, or video calls. You may request changes to communication methods at any time.
10. Acceptance
By ticking “I Agree” and submitting, you confirm you have read and understood this Agreement and accept it. This electronic acceptance forms a binding agreement between you and LOLU Limited.
