1. ACCEPTANCE OF TERMS

 

By booking an appointment, purchasing products, or using any services provided by Naturalist ("we," "us," or "our"), you ("Client" or "you") agree to be bound by these Terms of Sale. Please read these terms carefully before engaging our services.

 

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2. CLIENT RESPONSIBILITIES

 

2.1 Appointment Attendance

• Clients are expected to arrive on time for scheduled consultations

• Late arrivals may result in shortened consultation time, with full fees still applicable

• If you cannot attend, cancellation notice must be provided as outlined in Section 5

 

2.2 Information Provision

• Complete all intake forms accurately and honestly before your first consultation

• Provide updated health information, including current medications, supplements, and treatments from other practitioners

• Inform us immediately of any changes to your health status, medications, or contact information

• Disclose any allergies, sensitivities, or adverse reactions

 

2.3 Treatment Compliance

• Follow recommended protocols and treatment plans as discussed during consultations

• Report any adverse reactions or concerns promptly

• Understand that results depend partly on your commitment to recommended lifestyle changes

 

2.4 Professional Relationship

• Maintain respectful communication with all staff members

• Understand that naturopathic services complement, but do not replace, conventional medical care

• Continue seeing your primary healthcare provider and specialists as appropriate

 

2.5 Refusal of service

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

 

2.6 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

 

2.7 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).

 

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3. FEES AND PAYMENT TERMS

 

3.1 Service Fees

• Initial Consultation: As per price shown when booking NZD (90 minutes)

• Follow-up Consultation: As per price shown when booking NZD (30-60 minutes)

• Testing Services: Fees vary based on tests ordered; pricing provided before ordering

• Programs/Courses: As specified in Offer Document

• All fees are in NZD and exclude GST as applicable

 

3.2 Payment Methods

We accept: Credit/Debit Cards and Bank Transfer.

 

3.3 Payment Timing

• Consultations: Payment due at time of booking or at consultation

• Products: Payment due at time of purchase

• Programs: Payment plans available as specified in program terms

• Testing: Payment required before test kit dispatch or sample collection

 

3.4 Outstanding Payments

• Accounts overdue by more than 7 days may incur a 20% monthly interest charge

• Services may be suspended until outstanding balances are paid

• We reserve the right to engage collection services for significantly overdue accounts at the cost of the client.

 

3.5 Price Changes

We reserve the right to modify fees without notice

Price changes do not affect services already booked or paid for

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4. WARRANTIES AND CONSUMER GUARANTEES

 

4.1 Service Guarantees

Our services come with guarantees that cannot be excluded under applicable consumer protection law. You are entitled to:

• Services provided with due care and skill

• Services fit for the purpose specified

• Services delivered within a reasonable time

 

4.2 Product Guarantees

Products sold come with guarantees that cannot be excluded under consumer law, including:

• Products of acceptable quality

• Products fit for disclosed purposes

• Products matching descriptions provided

 

4.3 Limitation of Warranties

• We do not guarantee specific health outcomes or results

• Individual responses to natural therapies vary significantly

• Supplements and natural products are not intended to diagnose, treat, cure, or prevent any disease

• Product quality is as represented by manufacturers; we do not independently test all products

 

4.4 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. 

 

4.5 Your Rights

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.

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5. ORDERS, CANCELLATIONS & REFUNDS

 

5.1 Booking Consultations

• Appointments can be booked via our booking systems (Splose and Practice Better)

• Confirmation will be sent via email

• You are responsible for noting appointment times correctly

 

5.2 Cancellation Policy - Services

 

Consultations:

• More than 48 hours notice: Full refund or free rescheduling

• 24-48 hours notice: 50% fee charged or credit toward future appointment

• Less than 24 hours notice: 100% fee charged, no refund

• No-show: Full fee charged

 

Programs/Courses:

• Once your order is confirmed and payment is made, packages and programs cannot be cancelled and refunds will not be offered for change of mind.

 

Testing Services:

• Once your order is confirmed and payment is made, testing cannot be cancelled and refunds will not be offered for change of mind.

 

5.3 Refund Policy - Products

Physical Products:

• Once your order is confirmed and payment is made, digital products cannot be cancelled and refunds will not be offered for change of mind.

• We are not responsible for any orders placed with third party suppliers e.g. NutritScript, Integria, Pacific Health, FXMed or PhytoMed. If you purchase from third party suppliers, you agree to comply with any terms and conditions of those parties and the applicable laws. 

 

Digital Products:

• Once your order is confirmed and payment is made, digital products cannot be cancelled and refunds will not be offered for change of mind.

 

5.4 Refund Processing

• Approved refunds processed within 7 business days

• Refunds issued to original payment method

• Shipping costs are non-refundable unless product was defective

 

5.5 Our Right to Cancel

We reserve the right to cancel appointments or orders if:

• Payment is declined or reversed

• Client behavior is inappropriate or threatening

• We cannot safely or legally provide the service

• Full refund provided if we cancel due to not being able to provide the service

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6. LIMITATION OF LIABILITY

 

6.1 Scope of Services

• Naturopathic services are complementary healthcare approaches

• We do not diagnose, treat, cure, or prevent diseases as defined by conventional medicine

• Our recommendations are educational and should not replace medical advice

• You remain responsible for your healthcare decisions

 

6.2 Liability Limitations

To the maximum extent permitted by law:

For Services:

• Our liability is limited to the fees paid for the specific service that gave rise to the claim

• We are not liable for indirect, consequential, or special damages

• We are not liable for outcomes resulting from your failure to follow recommendations or disclose relevant information

• We are not liable for interactions between our recommendations and treatments from other providers (unless you informed us and we negligently failed to address them)

 

For Products:

• Our liability is limited to replacement or refund of the defective product

• We are not liable for manufacturer defects beyond replacement

• We are not liable for adverse reactions unless caused by our negligence in recommending the product

• We are not liable for results or outcomes from product use

 

6.3 Exceptions

Nothing in these terms excludes or limits liability for:

• Death or personal injury caused by our negligence

• Fraud or fraudulent misrepresentation

• Breach of statutory consumer guarantees that cannot be excluded

• Any other liability that cannot be excluded by law

 

6.4 Insurance

We maintain professional indemnity insurance as encouraged by our professional body.

 

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7. INTELLECTUAL PROPERTY

 

7.1 Our Ownership

All content provided by us, including but not limited to:

• Consultation notes and treatment protocols

• Educational materials, handouts, and guides

• Meal plans, recipes, and nutritional information

• Program curricula and course materials

• Website content, branding, and logos

• Proprietary assessment tools and questionnaires

The above remains our intellectual property and is protected by copyright law.

 

7.2 Your License

You are granted a limited, non-exclusive, non-transferable license to:

• Use materials provided to you for your personal health purposes only

• Access digital content for your own use

 

7.3 Restrictions

You may not:

• Share, distribute, or resell our materials

• Modify or create derivative works from our content

• Use our materials for commercial purposes

• Remove copyright notices or attribution

• Post our proprietary content on social media or public forums

• Share login credentials for member-only content

 

7.4 Your Content

• Testimonials, reviews, or feedback you provide may be used by us for marketing purposes (with your consent)

• You retain ownership of personal health information shared with us

• Case study use requires separate written consent

 

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8. CONFIDENTIALITY A​ND PRIVACY

 

8.1 Our Obligations

We are committed to protecting your privacy and maintaining confidentiality of:

• Personal and health information disclosed during consultations

• Test results and health assessments

• Treatment plans and recommendations

• Payment and contact information

 

8.2 Information Use

Your information will be used only for:

• Providing naturopathic services to you

• Processing payments and orders

• Sending appointment reminders and follow-up communications

• Complying with legal obligations

• Improving our services (in aggregated, de-identified form)

 

8.3 Information Sharing

We will not share your personal information except:

• With your explicit consent

• With laboratories or testing facilities (only information necessary for testing)

• When required by law or court order

• To prevent serious threat to health or safety

• With professional advisors (under confidentiality obligations)

 

8.4 Data Security

• We implement reasonable security measures to protect your information

• Electronic records are stored securely with encryption/password protection.

• Physical records are stored in locked, secure locations

• Staff are trained in confidentiality obligations

 

8.5 Your Rights

You have the right to:

• Access your personal information

• Request corrections to inaccurate information

• Request deletion of information (subject to legal retention requirements)

• Opt out of marketing communications

• Lodge a complaint with relevant privacy authorities

 

8.6 Full Privacy Policy

For complete details, see our separate Privacy Policy at www.naturalist.co.nz/privacy-policy

 

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9. DISPUTE RESOLUTION

 

9.1 Initial Contact

If you have any concerns or complaints:

1. Contact us directly at tegan@naturalist.co.nz within 7 days of the issue arising

2. Describe the issue clearly and what resolution you seek

3. We will acknowledge your complaint within 5 business days

4. We will investigate and respond within 14 days

 

9.2 Formal Complaint Process

If initial contact does not resolve the issue:

1. Submit a written complaint to tegan@naturalist.co.nz

2. We will conduct a formal review within 14 days

3. A senior practitioner or manager will respond with findings and proposed resolution

4. You may request a meeting to discuss the matter

 

9.3 Mediation

If we cannot resolve the dispute directly:

• Both parties agree to attempt mediation before pursuing legal action

• Costs of disputes and mediation will be at your own expense

• Mediation is not binding unless both parties agree to the resolution

 

9.4 No Limitation on Rights

Nothing in this section limits your rights to pursue complaints through regulatory bodies or legal channels at any time.

 

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10. MEDICAL DISCLAIMER

 

10.1 Nature of Services

IMPORTANT: Please read this section carefully

• Naturopathic services are complementary and alternative healthcare approaches

• We are not medical doctors and do not provide medical diagnoses or treatment

• Our services do not replace conventional medical care

• Recommendations are based on naturopathic philosophy and traditional use of natural therapies

 

10.2 No Medical Advice

• Information provided is educational and for wellness purposes

• We do not diagnose, treat, cure, or prevent any disease as defined by conventional medicine

• Consultations explore natural approaches to support your body's healing capacity

• Individual results vary; we cannot guarantee specific outcomes

 

10.3 Your Responsibilities

You acknowledge and agree that:

• You are responsible for your own healthcare decisions

• You will continue seeing your primary physician and specialists

• You will inform all healthcare providers about supplements and natural therapies you use

• You will not discontinue prescribed medications without consulting your prescribing doctor

• You will seek emergency medical care when appropriate

 

10.4 Medical Conditions

Seek immediate medical attention if you experience:

• Chest pain or difficulty breathing

• Severe abdominal pain

• Sudden severe headache

• Loss of consciousness

• Severe bleeding

• Signs of stroke or heart attack

• Any medical emergency

 

10.5 Informed Consent

By using our services, you acknowledge:

• You have been informed of the nature and limitations of naturopathic care

• You understand potential risks and benefits of natural therapies

• You have had opportunity to ask questions

• You consent to receive naturopathic services

• You understand you may discontinue services at any time

 

10.6 Regulatory Status

• Naturopathic services are not regulated in New Zealand

• Practitioners hold a current Bachelor of Natural Medicine

• Supplements are not intended to diagnose, treat, cure, or prevent any disease

 

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11. SPECIFIC TERMS FOR SERVICES

 

11.1 Initial Consultations (90 minutes)

What's Included:

• Comprehensive health history review

• Current health concerns assessment

• Lifestyle and dietary evaluation

• Basic physical assessment (as appropriate)

• Preliminary recommendations

• Written summary of findings

 

What's Not Included:

• Diagnostic testing (available separately)

• Supplements or products (purchased separately)

• Follow-up consultations (booked separately)

 

Your Preparation:

• Complete intake forms at least 48 hours before appointment

• Bring current medication list and recent test results

• Prepare list of questions and health priorities

• Bring relevant medical records if available

 

11.2 Follow-Up Consultations (30-60 minutes)

What's Included:

• Progress review

• Protocol adjustments

• Ongoing support and guidance

• Questions and troubleshooting

 

Timing:

• Recommended 2-4 weeks after initial consultation

• Scheduled based on individual needs

• May be conducted in-person/virtually or both

 

11.3 Functional Testing Services

Available Tests:

We offer our main functional testing options such as: EndoMAP, DUTCH Test, Complete Microbiome Map, relevant Pathology and Vaginal Microbiome Profile. This is not limited to, other appropriate functional testing can be available.

Pricing varies by test; quote provided before ordering

Results availability varies; information will be provided before ordering

 

Process:

1. Test recommendation during consultation

2. Payment and consent obtained

3. Test kit provided or arranged

4. You collect sample following instructions

5. Return sample to laboratory

6. Results review in follow-up consultation

 

Important Notes:

• Tests are sent to the associated accredited facility

• We interpret results within naturopathic framework

• Results should be shared with your primary physician

• Some tests may not be covered by insurance

• Test fees are non-refundable for change of mind

 

11.4 Wellness Programs

The Thrive with Endometriosis Program - 4 months

• Investment: Please refer to the Offer Document supplied to you

• Includes: Please refer to the Offer Document supplied to you

• Format: Hybrid (Online, Self Paced and In-person)

• Time commitment: 4 months minimum 

 

Access:

• Program materials available via Practice Better

• Access continues for 2 weeks after program completion

 

The Thrive with PCOS Program - 4 months

• Investment: Please refer to the Offer Document supplied to you

• Includes: Please refer to the Offer Document supplied to you

• Format: Hybrid (Online, Self Paced and In-person)

• Time commitment: 4 months minimum 

 

Access:

• Program materials available via Practice Better

• Access continues for 2 weeks after program completion

 

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12. SPECIFIC TERMS FOR PRODUCTS

 

12.1 Supplements and Natural Products

Product Information:

• Products sold are from reputable third party suppliers

• We provide products we believe to be high quality

• Always read labels and follow dosage instructions

 

Recommendations:

• Products recommended based on your individual consultation

• Not all recommended products must be purchased from us

• You may source products elsewhere if preferred

• Inform us if you purchase alternative brands

 

Purchased from third party:

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

 

Returns of goods:

• If the Products you have purchased via our recommended third parties are not of an acceptable quality, please email tegan@naturalist.co.nz within 48 hours of you receiving the goods. We will then contact the third party supplier and remedy the situation. 

 

Safety:

• Inform us of all medications and supplements you take

• Report adverse reactions immediately

• Store products as directed

• Keep out of reach of children

• Do not use past expiry date

 

12.2 Digital Products (E-books, Meal Plans, Guides)

Delivery:

• Instant download upon payment confirmation

• Delivered to email address provided

• Back-up copies recommended

 

Usage Rights:

• Personal use only

• May not be shared, resold, or distributed

• May print one copy for personal use

• Copyright remains with Naturalist

 

12.3 Physical Products (Books, Testing Kits, Equipment)

Shipping:

• Shipping costs calculated at checkout

• Delivery timeframes: please follow timeframes indicated on relevant testing information pack

• Risk of loss passes to you upon delivery

• Track shipments using provided tracking number

• We are not responsible for delays by courier services

 

Damaged or Lost Items:

• Report damaged items within 48 of delivery

• Provide photos of damage

• Report non-delivery within 5 days of expected delivery

• Replacements or refunds provided for verified issues

 

Testing Kits:

• Instructions included with each kit

• Follow sample collection procedures carefully

• Return samples within specified timeframes

• Improperly collected samples may require re-testing (additional fee)

• Kit fees separate from laboratory processing fees

 

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13. GENERAL TERMS

 

13.1 Amendments

• We may update these terms at any time

• Changes effective immediately after posting

• Continued use of services constitutes acceptance

• Previous terms apply to services already purchased

 

13.2 Severability

• If any provision is found invalid or unenforceable, remaining provisions continue in full effect

• Invalid provisions will be modified minimally to make them enforceable

• Entire agreement remains intact except for severed provisions

 

13.3 Waiver

• Our failure to enforce any right does not waive that right

• Waiver of any breach does not waive subsequent breaches

• All rights and remedies are cumulative

 

13.4 Assignment

• You may not transfer or assign your rights under these terms

• We may assign our rights and obligations to another entity

• You will be notified of any assignment affecting your services

 

13.5 Entire Agreement

• These terms constitute the entire agreement between you and us

• Supersedes all prior agreements, discussions, or understandings

• Additional terms may apply to specific services or programs

• Modifications must be in writing and signed by both parties

 

13.6 Force Majeure

We are not liable for delays or failures to perform due to:

• Natural disasters, epidemics, pandemics

• Government actions, regulations, or restrictions

• Strikes, labor disputes

• Internet or technology failures beyond our control

• Any other circumstances beyond our reasonable control

 

13.7 Relationship

• These terms create a client-practitioner relationship

• No partnership, employment, or agency relationship is created

• You remain an independent client responsible for your own decisions

 

13.8 Age Requirement

• Services are provided to adults 18 years and older

• Services for minors require parent/guardian consent

• Parent/guardian must be present for minor consultations

• Parent/guardian accepts these terms on behalf of minor

 

13.9 Communication

You agree to receive communications from us via:

• Email (for appointment confirmations, receipts, updates)

• SMS/text (for appointment reminders)

• Phone (for appointment-related matters)

• Mail (for formal notices if required)

 

You may opt out of:

• Marketing emails (via unsubscribe link)

• SMS reminders (by notifying us)

• You cannot opt out of essential service communications

 

13.10 Feedback and Reviews

• We welcome feedback about our services

• Reviews may be posted on our website or social media (with permission)

• We reserve the right not to post reviews containing:

  • Offensive, defamatory, or inappropriate content

  • Personal health information beyond what you authorize

  • False or misleading statements

  • Competitor promotion

 

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14. CONTACT INFORMATION

 

Naturalist 

Tegan Hollows

 

11 Kereru Crescent, Wanaka, Otago, 9305 New Zealand

+64 27 857 1484

tegan@naturalist.co.nz

 

Business Hours:

Tuesday, Thursday and Friday

9am-5pm NZDT

Public Holidays: Otago New Zealand

 

Complaints: tegan@naturalist.co.nz 

 

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15. ACKNOWLEDGMENT AND ACCEPTANCE

 

By booking an appointment, purchasing products, or using our services, you acknowledge that:

 

✓ You have read and understood these Terms of Sale  

✓ You agree to be bound by these terms  

✓ You understand the nature and limitations of naturopathic services  

✓ You have had opportunity to ask questions  

✓ You consent to the collection and use of your information as described  

✓ You understand your rights under New Zealand consumer law  

✓ You accept responsibility for your healthcare decisions  

 

For specific service bookings, you may be asked to sign a separate consent form acknowledging these terms.

 

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16. NEW ZEALAND SPECIFIC CONSUMER RIGHTS

 

16.1 Your Rights Under New Zealand Law

Under the Consumer Guarantees Act 1993, you have rights that cannot be excluded, including:

 

For Services:

• Services performed with reasonable care and skill

• Services fit for any particular purpose you made known

• Services completed within a reasonable time

• Charges are reasonable (if not agreed in advance)

 

For Products:

• Products are of acceptable quality

• Products are fit for purpose

• Products match their description

• Products match any sample or demonstration model

 

16.2 Remedies Available to You

If we fail to meet these guarantees, you may be entitled to:

• Have the problem fixed

• Receive a refund

• Receive compensation for losses

• Cancel the contract (for major failures)

 

16.3 Fair Trading Act Protection

We comply with the Fair Trading Act 1986, which means:

• We do not make false or misleading claims

• We provide accurate information about services and products

• We honor our representations and promises

 

16.4 Nothing in These Terms Limits Your Rights

These terms do not exclude, restrict, or modify:

• Your rights under the Consumer Guarantees Act 1993

• Your rights under the Fair Trading Act 1986

• Any other rights you have under New Zealand law

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Where these terms conflict with your legal rights, your legal rights prevail.

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