Terms & Conditions

Terms of Website Use and Disclaimer

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE (‘www.jesscoate.com’). By accessing or using this website, you agree to these terms of use. If you do not agree to these terms you may not use this website. These terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with New Zealand law.

Copyright

All website design, text, graphics, interfaces, and the selection and arrangements thereof are 2018, Jess Coate Ltd, ALL RIGHTS RESERVED. Any use of materials on this website, including reproduction for purposes, modification, distribution, or republication, without prior written permission of the company, is strictly prohibited.

 

Disclaimer

The information, services, products, and materials contained in this website, including, without limitation; text, graphics, and links are provided on an ‘as is’ basis with no warranty. To the maximum extent permitted by the law, the company disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied, warranties arising from course of dealing or course of performance. In addition, the company does not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice.

 

 

Online Purchasing

Jess Coate Ltd online supplies to personal shoppers only. If you have a commercial inquiry, please contact [email protected] In the event of limited stock sales, no further sales at the promotional prices will be made after the allocated quantity has been sold or the expiry date and time has been reached.

In the unlikely event where a product that has been ordered is no longer available, our Customer Services team will contact you as soon as possible to discuss your options. This may result in the cancellation of your order or replacement with an alternative product. If there is an error in pricing online, in a product description, name or product image, Jess Coate Ltd online reserves the right to contact the customer and make the appropriate changes to the order. If an alternative option is not agreed upon with the customer, the order will be cancelled and the amount paid refunded.

All orders are screened for the legitimacy of payment. If an order does not meet Jess Coate Ltd confidential security checks, the order will not be accepted. The funds will be returned to the purchasing account and a notification of this will be sent via email.

When we receive your order, it will be screened and cleared of any security issue, website error or stock complication; your order will be processed and finalised. On completion of this process, you will be notified that your order has been processed, payment is then taken. This results in a separate binding agreement between you and us for the supply of those products.

 

Linking to Third-Party Websites

If you click on links and banners on our website that take you to third-party websites, you will be subject to the third party’s privacy policies.   While we support the protection of privacy on the internet, Jess Coate Ltd cannot be responsible for the actions of any third-party websites.

 

Privacy Policy

Jess Coate Ltd has this Privacy Policy in order to demonstrate our commitment to protecting your privacy. We recognise that your personal information is confidential and that it is important for you to know how we handle, gather, store and use your personal information. By using our website, mobile site, apps, or participating in our database and promotions, you acknowledge that we will be using your personal information as detailed in this Privacy Policy.

  1. WHAT IS CONSIDERED PERSONAL INFORMATION?

 

Within this policy, ‘Personal Information’ means the same as it does within the Privacy Act 1993. In general terms, this includes any information that can be used to personally identify you. This may include (but is not limited to) your name, age, gender, address, contact details (including phone numbers and email addresses) and possibly financial information, including your payment information. If the information we collect personally identifies you, or you are reasonably identifiable from it, then the information is considered personal information.

 

  1. WHAT PERSONAL INFORMATION DO WE COLLECT AND HOLD?

 

We may collect the following types of personal information:

  • Full Name,

  • Mailing or street address,

  • Email address,

  • Telephone number;

  • Age or birth date,

  • Profession, occupation or job title,

  • Gender

  • Weight

  • Injuries or Medical history

  • Allergens

  • Details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries,

  • Any additional information relating to you that you provide to us directly through our websites or indirectly through use of our website or online presence through our representatives or otherwise; and information you provide to us through our customer contact centre or customer surveys, or that is publically available.

Your personal information will be held by Jess Coate Ltd.

 

  1. WHY DO WE COLLECT PERSONAL INFORMATION?

 

The primary purpose for which we collect information about you is to enable us to perform our business activities, and to provide the best possible quality of customer service. Any information that we collect will not be used in ways that you have not consented to. Your personal information will not be shared, sold, rented or disclosed other than as described within this Privacy Policy, or as permitted by the Privacy Act.

 

 

Jess Coate Ltd collects, holds, uses and discloses your personal information for the following purposes:

  • To provide products and services to you,

  • To provide you with information or advice about existing and new products and services,

  • To communicate with you and process your requests,

  • To manage and enhance our products and services,

  • To personalise and customise your experience,

  • To provide you with access to secure areas of our websites,

  • To conduct competitions or promotions on behalf of Jess Coate Ltd and selected third parties,

  • To verify your identity,

  • To provide to third parties if you have authorised us to do so,

  • To conduct business processing functions for operation of our websites or our business, for our administrative, marketing, promotional, planning, product/service development, quality control and research purposes, or those of our contractors or external service providers,

  • To investigate if we have reason to suspect a breach of any of our terms and conditions or any suspected unlawful activity; and/or as required or permitted by any law (including the Privacy Act).

  1. WHAT HAPPENS IF WE ARE NOT ABLE TO COLLECT PERSONAL INFORMATION?

 

If you choose not to provide us with the personal information described within this policy, then:

  • We may not be able to provide you with the product or services you have requested, either to the same standard or at all,

  • We may not be able to provide you with information about products or services that you may want, including information about discounts, sales or special promotions,

  • We may not be able to tailor our content, website and communications to your preferences.

  1. HOW DO WE COLLECT PERSONAL INFORMATION?

 

We do this in a variety of ways, including through:

  • Your access and use of our website and communications, including your registration details and information relating to your use of the website and the services, such as the content you access (for example, the products you have viewed, or the search queries you input),

  • Your conversations or email or interaction, between you and our Customer Service Representatives, whether in-store or at our Contact Centres,

  • Your completion of an application for a product purchase or service purchase. You agree that we may also collect personal information from third parties, including:

    • Third party companies such as credit reporting agencies, law enforcement agencies, and other government entities,

    • Advertisers,

    • Mailing lists,

    • Contractors and business partners

  1. HOW DO WE USE COOKIES?

A “cookie” is a small text file that is placed on a device when it is browsing a website to enable the host of the website to store information about the use of the website by that device. Jess Coate Ltd uses cookies and similar technologies for the following key purposes:

  • To recognise your computer or device and greet you each time you visit our website, without bothering you with a request to register or log-in,

  • To keep track of products or services you view, so that we can send you news about those products or services,

  • To measure traffic patterns, to determine which areas of our websites have been visited, and to measure transaction patterns in the aggregate,

  • To research our users’ habits so that we can improve our online products and services,

  • To operate our websites efficiently with a high level of functionality,

  • To measure the effectiveness of our marketing initiatives,

  • To learn about customer preferences so that we can present customers with web content and advertising that is relevant to them,

  • To measure the number of advertising referrals we have received to our websites from other websites,

  • To produce data on web traffic and customer web activity through our website.

While we use cookies to improve our customers’ online experience, if you do not wish to allow cookies then you can choose to disable cookies (for all sites) from within your browser settings.

 

  1. WHAT MAY WE DO WITH YOUR PERSONAL INFORMATION?

 

We may use the information we collect to help us to provide products and services to you, to verify your identity, and to occasionally notify you about important functionality changes to our website.

We may send you marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including but not limited to, mail, SMS or email, in accordance with applicable marketing laws.

If at any stage you no longer wish to receive these notifications you may opt-out of receiving marketing communications from us by using the opt-out facilities provided (e.g. an unsubscribe link in a promotional email) or by contacting us

If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us.

We may also share your information with other companies within Jess Coate Ltd for the purpose of analysis. Your information will only be used as described within their Privacy Policy, or as permitted by the Privacy Act.

We do not provide your personal information to other organisations for the purposes of direct marketing unless expressly authorised by you.

Personal Information is information about an identifiable individual, as defined by the Privacy Act 1993.

 

  1. DO WE USE PERSONAL INFORMATION FOR MARKETING?

 

We use personal information to provide you with information or advice about our existing and new products and services. We also use it to conduct promotions on behalf of Jess Coate Ltd and selected third parties.

We will not collect usage data or target advertisements based on the following market segments:

  • Political opinions,

  • Membership of a political association,

  • Religious beliefs or affiliations,

  • Philosophical beliefs,

  • Membership of a trade union,

  • Sexual preferences or practices,

  • Criminal record

We will not create categories designed to target children under the age of 18 years.

Third party advertisers may purchase advertising products from us that enable them to target types of users of our network, for advertisements served both on our network and on third-party websites. We do not permit advertisers to use any usage data obtained from our network to target advertisements or content to users of our network. We will not provide any personal information to an advertiser or any other third party without your express consent or in accordance with our ‘Privacy Policy’.

We follow industry “best practice” for the storage of anonymous usage data using reasonable safeguards to protect information held by us.

 

  1. HOW DO WE DISCLOSE PERSONAL INFORMATION?

 

We may disclose your personal information to our employees, for the operation of our websites or our business, and for the specific purpose of fulfilling requests by you, and to provide products and services to you, and where we are permitted to under the Privacy Act.

Where Jess Coate Ltd utilises third parties to undertake services, we may provide those third parties with some of your information if it is required to fulfil those services and only to the extent required to fulfil those services. Examples of such third-party providers may include:

  • Service providers such as web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, photographic analysers, data entry service providers, electronic network administrators, debt collectors, and professional advisers such as accountants, solicitors, business advisors and consultants,

  • Software providers such as customer relationship management, and accounting software

  • Existing or potential suppliers, business partners or joint venture entities or partners,

  • Sponsors, or promoters of any competition that we conduct or promote via our services,

  • Specific third parties authorised by you to receive information held by us

We require any third party to protect your information against unauthorised use or disclosure.

We do not provide your personal information to other organisations for the purposes of direct marketing unless expressly authorised by you.

Beyond the above, we release personal information only when it is permitted under the Privacy Act or required by law for legal compliance and law enforcement (including to government agencies with statutory law enforcement responsibilities, and/or to your Internet Service Provider or network administrator); to facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Jess Coate Ltd, our users, or others, and where we reasonably believe that disclosure is necessary. Government agencies with statutory roles enabling them to request data from us include but are not restricted to the Police, Inland Revenue and the Ministry of Business, Innovation and Employment.

 

  1. HOW CAN YOU ACCESS OR CORRECT YOUR PERSONAL INFORMATION?

 

You may request access to any personal information we hold about you at any time by contacting us

Your request will be processed in accordance with the Privacy Act 1993.

If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, in most circumstances we will give you written reasons for any refusal.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment and will not charge for making any amendments. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it. Registered users of our websites can access and update their user details online. We request that you keep your information as current as possible so that we may continue to improve our service to you.

 

 

 

 

  1. HOW CAN YOU COMPLAIN ABOUT A BREACH OF PRIVACY?

 

If you believe your privacy has been breached by us, or have any questions or concerns about our Privacy Policy please, contacting us and provide details of the incident so that we can investigate it.

We have a formal procedure for investigating and dealing with complaints. Once we receive a complaint in writing we will commence an investigation with the relevant business unit from which the alleged breach stemmed. The investigator will endeavour to determine the nature of the breach and how it occurred.

We may contact you during the process to seek any further clarification if necessary. If a breach is found, we will escalate the matter to management so that the process can be rectified to prevent any further breaches from taking place. We will also contact you to inform you of the outcome of the investigation. We will endeavour to resolve all investigations within a reasonable time.

We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

You can write to us at:

Attn: Jess Coate Ltd Customer Services
[email protected]

 

 

  1. WILL YOUR PERSONAL INFORMATION BE DISCLOSED OUTSIDE OF NZ?

 

We may disclose personal information to external service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

 

  1. WHAT SECURITY MEASURES ARE IN PLACE?

 

We will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access or modification. If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.

 

  1. Have there been any recent changes to the privacy policy?

 

We may change this privacy policy from time to time. Updated versions of this privacy policy will be posted on our website. This privacy policy was last updated in June 2018.

 

  1. Credit card security

 

We work diligently to protect the security of your personal information, including credit card information. Your credit card details do not get stored, processed or transmitted through Jess Coate Ltd website; all transactions are processed through PCI compliant third-party payment service providers. Our third-party payment service providers host and manage the payment page. All transaction sessions are stored and processed in encrypted strings.
Due to the nature of our business being online retail we have a number of security checks in place to protect our website and our customers from such things as credit card theft. Our order system will automatically put orders on hold if a transaction has failed. To release your order, you may be asked for Identification and proof of address so your order can be approved. Once checked and approved any proof of identity information collected in relation to your order will be deleted and you will be contacted by email to confirm that this has been done. Due to these checks, your delivery may also be delayed

 

Changes to our Privacy Policy

We reserve the right to change this privacy policy from time to time by publishing the revised privacy policy on our website.  We encourage you to check this policy regularly for any modifications or updates.  Your continued use of our services after any changes have been posted on our website indicates your acceptance of those changes.

 

Website and Credit Card Security

Help us fight fraud. We take website and credit card security extremely seriously, and always endeavour to provide a secure safe platform on which to conduct online transactions. www.jesscoate.com uses the industry standard Secure Sockets Layer (SSL) protocol, which encrypts your information as it is transmitted over the internet. This encryption scrambles details such as credit card number, billing details and delivery address so that generally, other computers are unable to decipher the information, ensuring privacy and security. To make sure you are accessing a secure server, check for the unbroken key or closed lock symbol located generally either at the bottom left or top right of your browser window. If it appears, then SSL is active. You can double check this by looking at the URL as well.  If SSL is active, then the first characters of that line will read ‘https’ rather than just ‘http’. It is important for you to protect against unauthorized access to your password and to your computer. Ensure you log out when you have finished visiting www.jesscoate.com especially if you access www.jesscoate.com from a shared computer.

 

 

 

Subscription Terms and Conditions

 Jess Coate Ltd subscription plans are based around pre-stated time frames (for example, twelve weeks). By purchasing this programme, you are agreeing to make payments of the stated program amount for the duration of the entire program. Regardless of if you participate or choose not to continue, you are legally liable to make the full allotment of agreed payments as the price of the initial plan is split over the pre-stated time frame. Once the pre-stated time frame has passed, all programmes will roll over on a week to week basis, and you will be billed accordingly. Should you wish to cancel your subscription, you are expected to do so within writing to [email protected] within five business days before the intended cancellation period. Jess Coates Ltd will notify you in writing one your cancellation request has been received, accepted and processed.

 

Failure to do so will result in debt collection agency recovery and legal action.

Jess Coate Ltd requires you to have an exclusive email address to be able to enrol you in any subscription plan. We will contact you by email and/or social media from time to time to keep you informed of company benefits and offers, and by joining you agree to be contacted for this purpose.  You can opt out of receiving information at any time if you choose to do so. Jess Coate Ltd will take all measures to ensure compliance with the Privacy Act in relation to your personal information.  For information on our Privacy Policy, click here. You can alter and update your personal information at any time online through your account login here. You can cancel your membership at any time by emailing us at [email protected]. Jess Coate Ltd reserves the right to alter or amend the terms and conditions and any benefits or offered discounts any time. Any changes will be posted to our website at www.jesscoate.com, under the terms and conditions. Continued participation in any of our programs will indicate your acceptance of these terms and conditions. Jess Coate Ltd may cancel any member of our programs at any time, at its absolute discretion.  Jess Coate Ltd reserves the right to terminate membership at any time without prior notice. Jess Coate Ltd is not responsible for any communication which may have been delayed or lost because of a malfunction or breakdown in any electronic system. Programme prices may not be reflective of sales, gift cards/ voucher purchases unless specified. To receive deals online you will need to create an account and register your email with us.

 

Shipping Terms and Conditions

Orders delivered to a North Island location will be received within 5-10 business days.

 

Gift Vouchers and Coupons

Gift Vouchers and coupons contain no value until activated at the point of purchase. Gift Vouchers will not be replaced if lost, stolen, or destroyed. Jess Coate Ltd Gift Vouchers are not redeemable for cash or refundable. The funds available will be verified on request or at time of purchase. Any balance that remains on the voucher or coupon after expiry will not be available for use. If your order exceeds the amount of your Gift Vouchers/Coupon, you must pay for the balance with a credit card or other agreed forms of payment. Balance expires 6 months after voucher/coupon purchase. 

 

Our use of your content

You agree to grant us an unlimited, non-exclusive, worldwide, royalty-free, perpetual right and license to reproduce, edit, publish, broadcast, distribute and otherwise use your content in connection with advertising, publicity, promotional and marketing activities related to Jess Coate Ltd and its associated agencies, subsidiaries and entities. This includes but is not limited to, sharing and publishing your content on social media pages, websites, newsletters, blogs, emails, mailers, signage, news media and other printed and online advertising. We may edit or modify your content for formatting, navigation, integration or other purposes. We will endeavour to not materially distort your content. You acknowledge our use of your content is without compensation or payment. You also grant us the right to publish your social profile information or other information you have submitted in connection with any use of your content, including but not limited to your name, username, profile picture, likeness, original caption, biographical information and region. Use of your content is at our sole discretion. We have no obligation to use or feature your content. We reserve the right to remove or stop using any content at any time, for any reason. Use of your content does not imply endorsement or affiliation with you.

 

Copyright

You will retain ownership, copyright and intellectual property rights that you have in relation to your content. We will endeavour to credit you when your content is published, reproduced or otherwise used, where possible.

 

Moderation

We reserve the right to refuse content, moderate or remove any content submitted, for any reason at any time. Any content which may be deemed libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful will be immediately moderated. We reserve the right to verify the validity of submissions and to remove any submissions where false or misleading details have been given by an Author or if an Author has behaved in a fraudulent or dishonest manner, or otherwise than in accordance with these Terms of Use.

 

Limitations of Liability

You hereby release, discharge and agree to hold Jess Coate Ltd and its associated agencies, subsidiaries and entities from any liability related in any way to the use of your content.

In no event shall the company be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if the company has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

The information produced by Jess Coate Ltd has not been prepared by taking into account the particular situation or needs of any individual users. If you are unsure about consuming any of the products sold on this website, Jess Coate Ltd recommends you contact either an employee of Jess Coate Ltd for guidance regarding the use or consumption of our products or seek advice from your doctor. Jess Coate Ltd is not responsible for ensuring you comply with the daily dosage instructions and/or serving allowances for the products sold on this website.

Please note of Jess Coate Ltd do not retain certified medical advisors. Always seek medical advice from your doctor if you are taking any other medication or health supplements, or if you have a pre-existing medical condition before taking any of the products sold or supplied on this website. You assume all risk, liabilities and consequences relating to the consumption and use of our products.

Custom plans are prepared following consultation with you by an employee of Jess Coate Ltd. Your custom meal plan is specific to you and your goals, taking into account factors such as your personal physique, the percentage of body fat, and your progress towards your goals. Your custom meal plan must not be distributed or shared with another person. Jess Coate Ltd recommends you contact either an employee of Jess Coate Ltd or seek advice from your doctor if you have any concerns regarding the food on your custom meal plan, and/or the calorie allowance. Jess Coate Ltd is not responsible for ensuring you comply with the directions of your custom meal plan. Results cannot be guaranteed if you deviate from the set meal plan or exercise regime without prior consultation with Jess Coate Ltd. Other than your rights under the Consumer Guarantees Act 1993, we do not give any guarantee or warranty of accuracy or reliability of information, or that the information will be provided continuously or fault-free to any person. The website and the information are provided “as is.”