TERMS AND CONDITIONS

1.            INTRODUCTION

1.1          This website is operated by Ji De Tang Limited.

1.2          Throughout the site, the terms “we”, “us” and “our” refer to Ji De Tang Limited, its directors, shareholders and employees.

1.3          Ji De Tang Limited offers this website, including all information, tools and services available from this site to you, the user, subject to your acceptance of these terms and conditions (“the(se) Terms”).

1.4          By visiting our site and/or accessing our services (“Services”), you agree to be bound by the Terms, including those additional terms and conditions and policies referenced and/or available by hyperlink. The Terms apply to all users of the site and our Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read the Terms carefully before accessing or using our website or Services.

1.5          By accessing or using any part of the site or Services, you agree to be bound by the Terms.  If you do not agree to all the terms and conditions set out in the Terms, then you may not access the website or use the Services.  

1.6          If the Terms are considered an offer, acceptance is expressly limited to the Terms.  Any new features or tools added to the current website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page.  We reserve the right to update, change or replace any part of the Terms of by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2.            GENERAL CONDITIONS

2.1          By agreeing to the Terms, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

2.2          You may not use our Services for any illegal or unauthorised purpose.

2.3          You shall not, in using the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).  

2.4          You must not transmit any worms or viruses or any code of a destructive nature.  

2.5          A breach or violation of the Terms will result in an immediate termination of the Services.

2.6          We reserve the right to refuse service to anyone for any reason at any time.  You understand that your content (not including credit card information), may be transferred unencrypted and involve:

(a)          Transmissions over various networks; and

(b)          Changes to conform and adapt to technical requirements of connecting networks or devices.

2.7          Credit card information is always encrypted during transfer over networks.  

2.8          You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.

2.9          The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

3.            MEDICAL INFORMATION AND ADVICE

3.1          Our website provides general medical information.

3.2          The medical information is not advice and should not be treated as such.  The information is provided with no representations or warranties, whether express or implied.

3.3          You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.

3.4          If you have specific questions about any medical matter, consult your doctor or other professional healthcare provider.

3.5          If you think you may be suffering from any medical condition, seek immediate medical attention.

3.6          You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.

3.7          Videos on our website are intended for general education and demonstration purposes only.  They should not be used to self-diagnose or self-treat any heath, medical, or physical condition. 

3.8          You should consult with your healthcare professional before doing anything contained in any video. 

3.9          You agree to indemnify and hold harmless Ji De Tang Ltd and its directors, shareholders and employees for any and all losses, injuries, or damages resulting from any and all claims that arise from your use or misuse of the information, including video content, on our website.  Ji De Tang Ltd makes no representations about the accuracy or suitability of such content.

4.            ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

4.1          While every effort is made to ensure the accuracy of the information on this website, we are not responsible if information provided on this site is not accurate, complete or current.

4.2          The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or more timely sources of information.

4.3          Any reliance on the material on this site is at your own risk.  

4.4          This site may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.

4.5          We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.  You agree that you will monitor changes to our site.

5.            MODIFICATIONS TO THE SERVICES AND PRICES

5.1          Prices for our Services are subject to change without notice. We reserve the right to modify or discontinue the Services (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

6.            ACCURACY OF BILLING AND ACCOUNT INFORMATION

6.1          We reserve the right to refuse to provide the Services to you or any other party in our sole discretion.

6.2          You agree to provide current, complete and accurate account and other information for all interactions with us and our Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.

7.            THIRD PARTY TOOLS AND LINKS

7.1          We may provide you with access to third party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” with no warranties, representations or conditions of any kind and with no endorsement.

7.2          We shall have no liability arising from or relating to your use of optional third party tools.  Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s). 

7.3          We may also, offer new services and/or features through the website (including, the release of new tools and resources).  Such new features and/or services shall also be subject to these Terms.

7.4          Certain content, products and services available via our Services may include materials from third parties.  Third party links on this site may direct you to third party websites that are not affiliated with us.  

7.5          We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will have no liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

7.6          We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites.  Please carefully review the third party’s policies and practices and understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.


8.            PERSONAL INFORMATION

8.1          All personal information submitted through the website shall be managed in accordance with our obligations under the Privacy Act 1993.

9.            ERRORS, INACCURACIES AND OMISSIONS

9.1          While every effort is made to avoid them, occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to descriptions of products and services, pricing, promotions, offers, charges, delivery times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time, without prior notice (including after you have submitted your order).

9.2          We are under no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as  required by law.  No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

10.          PROHIBITED USES

10.1       In addition to other prohibitions set out in these Terms, you are prohibited from using the site, its content or the Services:

(a)          For any unlawful purpose;

(b)          To solicit others to perform or participate in any unlawful acts;

(c)           To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d)          To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e)          To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f)            To submit false or misleading information;

(g)          To upload or transmit viruses or any other malicious code that will or may be used that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;

(h)          To collect or track the personal information of others;

(i)            To spam, phish, pharm, pretext, spider, crawl, or scrape;

(j)            For any obscene or immoral purpose; or

(k)           To interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

10.2       We reserve the right to terminate your use of the Services or any related website for violating the prohibited uses.

11.          DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

11.1       We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.  

11.2       We do not warrant that the results that may be obtained from the Services will be accurate or reliable.

11.3       You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

11.4       You expressly agree that your use of, or inability to use, the Services is at your sole risk.

11.5       To the extent permitted by law, Ji De Tang Limited excludes all:

(a)          Warranties, conditions and representations whether express, implied, statutory or otherwise, relating in any way to our website, the information, products and services supplied, offered to be supplied or advertised or accessed through the website, and your use of the Services; and

(b)          Liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage), costs and expenses suffered by you or claims made against you arising from or in connection with your use of the website, the information, products and services supplied, offered to be supplied or advertised or accessed through this website, and your use of the Services, for any reason whatsoever (including negligence).

11.6       Where liability cannot be excluded, our maximum aggregate liability for any Services provided to you, whether in contract, tort (including negligence) or otherwise shall, in no circumstances, exceed the amount payable by you to us in respect of the Services in question.

11.7       The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, with no representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

11.8       In no case  shall Ji De Tang Limited, our directors, shareholders, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products procured using the Services, or for any other claim related to your use of the Services.  

12.          INDEMNIFICATION

12.1       You agree to indemnify, defend and hold harmless Ji De Tang Limited and our subsidiaries, affiliates, directors, shareholders, agents, contractors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

13.          TRAINING

13.1       Where you access our Services for the purposes of professional training and development (“Training”), you agree:

(a)          You have the appropriate knowledge and experience to undertake the Training at the level indicated by us;

(b)          You will diligently and competently complete the Training;

(c)           You will not use our name or the name of any director, shareholder, employee or contractor of Ji De Tang Limited to promote your personal or professional undertakings, without our express written permission;

(d)          You shall be solely responsible for your use of the skills and knowledge acquired as a consequence of the Training and ensuring that those skills and knowledge are only used in appropriate circumstances; and

(e)          You shall indemnify and hold harmless Ji De Tang Limited and our subsidiaries, affiliates, directors, shareholders, agents, contractors, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the skills and knowledge acquired as a consequence of the Training.

14.          SEVERABILITY

14.1       If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

15.          TERMINATION

15.1       The obligations and liabilities of the parties incurred before the termination date shall survive the termination of these Terms for all purposes.  

15.2       These Terms are effective unless terminated by either you or us.  

15.3       You may terminate these Terms at any time by notifying us you no longer wish to use our Services, or when you cease using our site or Services.  

15.4       If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or may deny you access to our Services (or any part thereof).

16.          ENTIRE AGREEMENT

16.1       The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.2       These Terms and any policies or operating rules posted by us on this site or regarding the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

16.3       Any ambiguities in interpreting these Terms shall not be construed against the drafting party.

17.          GOVERNING LAW

17.1       These Terms and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of New Zealand.

18.          CHANGES TO TERMS

18.1       You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website.  You will check our website periodically for changes.  Your continued use of or access to our website or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.