Terms and Policies | Atomy New Zealand

Member Agreement

1. YOUR ACCEPTANCE OF THE TERMS

1.1 Agreement
These Terms of Service are a legal agreement between you and Atomy New Zealand Limited (“Atomy”). They apply to Atomy’s provision and your use of Atomy’s content platforms, sites, applications and services. Your access to the services is permitted by Atomy on the basis that you have accepted these terms, and in consideration for that acceptance. If you do not agree to the terms, you are not permitted to access the services in any manner. If you do access the services (whether you make use of them or not), you are deemed to have agreed to these Terms in their entirety. Your agreement with Atomy includes any specific additional terms and policies that apply to any specific services that you use.

1.2 Site
If you are dissatisfied with the Atomy website or the services, your sole and exclusive remedy is to stop using the services except for the limited warranties offered by Atomy or as otherwise expressly stated in this Agreement.

1.3 Minors
If registering, gaining access to, or obtaining the services on behalf of a minor, you warrant that you are at least 18 years of age (or the age of majority within the jurisdiction you reside), and that you are the minor’s parent or legal guardian. Atomy NZ strongly advises that no user under 16 years of age should access the Services and any parent or guardian that considers doing so on behalf of a minor, seek advice from an independent health care professional and consider the terms herein carefully.

2. MEMBERSHIP

2.1 Eligibility
The following criteria must be met by an Applicant to be eligible for consideration of membership to Atomy:

a) the Applicant must be a natural person;
b) the Applicant must be sponsored by a Sponsor Member that is a current Member of Atomy;
c) the Applicant must be at least 18 years of age;
d) the Applicant must have submitted a complete Atomy Member application form online via the Atomy website linked at: https://www.atomy.com/nz/Home
e) the Applicant must not be an officer or employee of Atomy, its subsidiaries, or related entities;
f) the Applicant must not be the spouse or defacto partner of another Atomy Member;

2.2. Acceptance of Membership
Atomy has the unfettered right to accept or reject any Application as it deems appropriate in its discretion without having to provide justification or reasons to the Applicant for either the acceptance or rejection of the Application.

2.3 Member Access & Commencement
The Applicant becomes a Member when the Application for Membership is accepted and upon the information of the Application being entered into Atomy records. Until then, the Applicant is not permitted to buy and refer Atomy services and products. Access to Atomy’s website after registration does not mean the applicant’s Membership has been accepted nor that an application will be considered for acceptance.

2.4 Term of Membership
The Term of membership commences from the date of the Applicant’s membership approval and registration on Atomy records and continues until the twelve (12) month anniversary of the membership commencement date or until otherwise terminated by the parties in accordance with the Terms of this Agreement (“the Term”).

2.4.1 New Member - Term of Membership
A new membership continues until six (6) months without purchasing any items. Once any purchase history found within the first six (6) months, the term of membership continues as specified in clause 2.4

2.5 Automatic Renewal of Membership
A Member’s membership with Atomy will be automatically renewed at the expiry of the Term only if the Member continues to satisfy the Atomy eligibility requirements specified in clause 2.1 herein (or as otherwise specified from time to time) and subject to the Member having at least purchased one Atomy product during the Term. The renewed Term is subject to the terms of this Agreement or as otherwise specified from time to time.

2.6 Membership Payment
There is no Application or joining fee to become a Member of Atomy.

3. MEMBER BENEFITS

3.1 Access to Atomy Products
Members will have access to the Atomy Member section of the Atomy website and will have access to a range of Atomy products and services for purchase as made available by Atomy in its sole discretion from time to time. The prices established on the Atomy website Members area are exclusive membership prices that are the confidential information of Atomy for the knowledge and awareness of Members only. There is no minimum purchase order requirement to maintain membership with Atomy.

3.2 Minimum Purchase Requirement
There is no minimum purchase order requirement to maintain membership with Atomy for the Term.

3.2 Member Becomes Sponsor
Upon acceptance of a Member application and being successfully registered in the records of Atomy as a Member, the Member will be provided with a Sponsor ID for its use for other potential Members that seek to join Atomy and purchase Atomy products. Sponsor IDs must be used in strict compliance with the Terms of this Agreement.

3.3 Compensation Plan
During the term of this Agreement and providing membership to Atomy is current, Atomy Members will have access to the Compensation Plan in accordance with the information made available at: https://www.atomy.com/nz/Home/Business/MarketingPlan or as otherwise provided by Atomy from time to time. The Compensation Plan is subject to change as Atomy in its unfettered discretion deems appropriate from time to time and includes but is not limited to Atomy:

a) changing the way that commissions, awards or points are earned;
b) change the way that commissions, awards or points may be redeemed;
c) adding or removing commissions, awards or points in whole or in part;
d) forfeit, cancel or suspend commissions, awards or points in whole or in part;

Benefits under the Compensation Plan are be awarded to a Member when:

e) the Member purchases Atomy products;
f) the Member refers other customers to Atomy who become Atomy Members; and
g) the referred Member is linked to the Sponsor ID of the referring Member; and
h) the referred Member completes a purchase of an Atomy product or service.

The Member is responsible to ensure that any of its referred Members use the referring Member’s sponsor ID. Atomy takes no responsibility to ensure that the Sponsor ID provided when a referred Member joins is accurate, or connected with the referrer Sponsor ID.

Benefits are awarded as specified in the Compensation Plan. These benefits, commissions and awards are not transferable between Members or to third parties. Members can only claim the benefits specified in the Compensation Plan during the term of the Agreement and while being a current Atomy Member. The benefits under the Compensation Plan are not proprietary to the Member and cannot be claimed as the Member’s property. The benefits indicate an amount that will be paid by Atomy to the Member as an award for purchases or referrals that convert to sales purchases connected with the referring Member’s Sponsor ID. Members must accept the benefit in the form that is provided to it by Atomy and cannot exchange, supplement or convert an award for a monetary payment without the express written authority of Atomy.

3.4 Membership Access & Referral License
Members are granted a revocable, non – exclusive, non - assignable, limited referral license to recommend and refer Atomy services and products within the territory of New Zealand for the period that the Membership and this Agreement remains in effect. Members are not required to promote or refer to maintain membership and there are no minimum quantity product order or referral sales requirements. Members however are required to:

a) act in good faith at all times towards Atomy and provide such assistance and co-operation as requested by Atomy from time to time;
b) ensure that any referrals for purchase are directed to the Atomy website to become Members are genuine consumers of Atomy products and services and not consumers that may have an intention to resell Atomy products;
c) deal ethically, honourably and fairly with customers of Atomy products;
d) provide to potential customers true, complete and accurate information in a professional and courteous manner and in accordance with any product instructions, technical information, or usage directions as specified on products packaging and/or any accompanying documentation;
e) advise their customers of any necessary precautions needed to be taken prior to use of any Atomy products and services;
f) abide by all laws within the jurisdiction of which it resides;
g) stay informed and comply with Atomy policy, rules, requirements, documentation and Member responsibilities at all times and as specified by Atomy from time to time;
h) maintain in strict confidence the pricing policy and other Member information relating to products and services made available to Members on the Atomy website;
i) comply with all lawful and reasonable requests of Atomy;
j) comply fully with each of the terms of this Agreement and any policy, rules or regulations of Atomy as it provides from time to time;
k) promptly inform and report conduct of other Members that the Member reasonably suspects or knows is a breach of this Agreement as soon as the Member view is formed or as soon as the breach becomes known to the Member.

4. WEBSITE USE

4.1 Use
You are responsible for your own access and use of the Atomy services and accept the following terms:

(a) after you have created an account with Atomy, you may use the website to search, view content and products, purchase products and interact with the material made available;
(b) Atomy has the right to make any changes to the services and products at any time including any action to modify, amend, suspend or discontinue all of or any part of the services or products within Atomy’s discretion and without notice;
(c) usage of the Atomy website products and services is for personal use only and is not to be used for any other purpose other than the purpose established by this Agreement;
(d) you are responsible to ensure the safety and compatibility of the services and products provided by Atomy for your own usage, consumption or dealing;
(e) you acknowledge that your Member account is not a secure data storage facility for primary information that you wish to retain. Atomy reserves the right to delete content stored using the Atomy website at any time without notice. If you want to secure your Content, you should take other measures to ensure safe and secure storage of your Content.

4.2 Site Availability
Atomy does not guarantee that the website, products or services will always be available, work, or be accessible at any particular time. Further, only users who are eligible to use our services may do so and Atomy reserves the right to limit access to or terminate the service and Membership of anyone without limitation.

5. MEMBER PROHIBITED ACTIONS

5.1 Actions not permitted
Atomy prohibits the use of the Atomy site, its products and services and its Intellectual Property in any manner other than as expressly allowed by Atomy in the terms of this Agreement. You agree that you will not do any of the acts specified below and without limiting the rights Atomy may suspend, terminate or delete your Membership account immediately and without notice if:

Payment
a) you charge or attempt to charge a fee to prospective Atomy Members in exchange for any of the following:
i. sponsorship of a Member application;
ii. an offer of assistance of a prospective member in application of membership to Atomy;
iii. training or information to a prospective Member or Customer of on the products and services of Atomy;
iv. admission tickets or invitations to attend seminars, meetings or other informational events;
v. for any other action that relates to obtaining information about Atomy Membership, products or services.

True Information
b) you lie or mislead Atomy (and, in some circumstances, other Members) about your personal details that you provided in your Membership Application;
c) you attempt to register more than one Membership with Atomy under a different identity including a business name or company name;

Registration of Another
d) registering or applying for membership with Atomy another person without their express written consent or the express written consent of Atomy;

Spouse or Defacto Registration
e) register your spouse or defacto partner as a separate Membership application or fail to disclose that you have a spouse or defacto partner in your Membership application process;

Misrepresentation or Misstatement
f) misrepresent, mislead, or misdescribe Atomy products, services or Membership benefits to third parties, prospective members or prospective customers;

Use of Brand, Logo and Materials
i) use the trade mark, logo or other Intellectual Property of Atomy in any way that is not expressly authorised in the terms of this Agreement;

Selling Products
j) sell or attempt to sell Atomy products or services using any method that is not the official Atomy website (or other official Atomy forum) or that is not expressly authorised by the terms of this Agreement or as otherwise authorised to in writing by Atomy from time to time. Prevented methods of sale include (but are not limited to):
i. non – Atomy official and approved websites or online forums including but not limited to:
• bidding or auction sites (such as but not limited to www.ebay.com), social media forums (such as but not limited to Facebook, Twitter, Instagram, Snapchat etc.) other websites such as Amazon or other similar sites;
• social smart device applications (such as but not limited to Kakao Messenger, Wechat, WhatsApp, Viber, Facebook Messenger etc. or requesting another party to do so on your behalf;
• blogs or websites that are owned or controlled by you and includes any business or company website;
• requesting non - Atomy approved websites to host products services or Sponsor ID for display, publication or sale;
ii. retail sales environments such as shopping centres, markets, pop up stalls or shops, street vendors, public areas (such as public streets or car parks). or other similar locations;
iii. personal places of residence, such as your house, or the house of a family member of friend;
iv. any other method Atomy deems prohibited in its discretion from time to time.

Conduct between Members and Customers
k) stalk, harass, threaten, defame, abuse, racially or sexually vilify, bully or harm another individual or Member of Atomy;

Transactions between Members
l) enter unauthorised transactions or illegal transactions of any kind including transactions that may occur between Members;

Competing Products and Services
m) sell or represent to current and prospective customers of Atomy, products or services that may reasonably be regarded as products or services that compete with Atomy products and services;

Joining other MLMs
n) accept membership of, apply for or be a member of any other Multi Level Marketing business during the Term of this Agreement and your Membership.
i. Centre managers and centre leaders cannot be a member of any other Multi Level Marketing business
ii. Atomy New Zealand masters cannot be a member of any other Multi Level Marketing business
iii. Any act that induces existing Atomy members to purchase any other Multi Level Marketing products

Forcing Sales
o) encouraging or promoting Member down lines or consumers to purchase products in a manner that may be reasonably regarded as coercive, excessive pressure or in a manner that is not genuine promotion for the sale of products or services for the dominant purpose of consumer consumption;
p) represent that the purchasing of products is necessary to become a Member of Atomy or to obtain information about Atomy products and services.

Changing of Sponsor
q) changing or attempted changing of sponsors without the express written authority of Atomy;
r) enticing offering, soliciting, influencing or persuading another Member to change or attempt to change their Sponsor or line of sponsorship.

Change of Atomy Representative Company
s) changing or attempted changing of Membership to another Atomy centre to obtain similar products or services as offered by Atomy New Zealand Limited;

Respect Member Customer Lines
t) recruiting or attempted recruiting of customers or Members or prospective customers or Members that have been introduced to Atomy by, or comprise of the sales lines of another Member;

Publication of Sponsor ID
u) publish the Member Sponsor ID on personal websites, internet based applications, social media applications, social media websites or other media forum including newspaper, magazines, television and radio.

Alteration of Information, Products or Services
v) alter, modify or change any of the products or services of Atomy (including packaging, accompanying information, and instructions) in any manner (including attempted alteration, changes or modifications) without the prior written authority of Atomy.

Genuine Purchases
w) purchase products or services with the dominant purpose of benefiting from the Compensation Plan;

No Broad Advertising and Promotion
x) not promote publicly or publish invitations to meetings, invitations to learn about Atomy and its products and services, information about Atomy or its products or services with the purpose of inducing or soliciting Membership;

6. INTELLECTUAL PROPERTY

6.1 Meaning of Intellectual Property Intellectual Property means all copyright, trade mark rights, logo, patent rights, design rights or any other Intellectual Property Rights subsisting in or created during the development of the products, Atomy website, Atomy business, and the Trade Marks and any advertising and promotional materials provided to the Member including software, Confidential Information, source and object codes, scripts, records, documents, advertising and promotional materials, media content, specifications, plans, program listings, calculations or drawings and all Confidential Information necessary for, or which may be used in connection with the administration, operation and marketing of the Atomy products and services.

6.2 Use
The Member agrees that all rights in and relating to the Intellectual Property are and remain the property or under the control of Atomy and that the Member does not acquire any right, title or interest in any of the Intellectual Property.

The Member must:

a) not register or seek to register any of the Intellectual Property without the prior written consent of Atomy;
b) not cause any of the Intellectual Property to be prejudicially affected or contested;
c) not use the Intellectual Property without the prior express written authority of the Member;
d) not make any alterations to the Intellectual Property;
e) not use the Atomy brand name or any derivative of the words comprising the Atomy brand name, in the Member’s business, or personal domain names;
f) stop using the Intellectual Property upon the termination of this Agreement or Membership or at the immediate request of Atomy;
g) not modify the design, appearance and attributed of any products or services, packaging, promotion or marketing materials;
h) not register or attempt to register a business name or company name that contains the word “Atomy” or any combination of words that indicates a connection with or is similar to Atomy.
i) not consent or oppose or assist any other person to contest or oppose any application for registration of the Intellectual Property as trademarks or as business or company names.
j) not reproduce, in whole or in part, any printed material or audio or visual recordings that have been produced by Atomy unless given prior written authorisation to do so by Atomy. These materials are protected by copyright form part of the Intellectual Property whether registered or unregistered and are considered proprietary to Atomy.

7. CONFIDENTIAL INFORMATION

7.1 Confidential Information Meaning
Confidential Information” means:

a) the ideas, techniques, systems, processes, trade secrets, designs, inventions, methodologies and procedures developed by the Employer;
b) any information regarding the Atomy relating to their business and business processes, including financial information, accounts, financial records, customer records, business plans, pricing, customer lists and all associated information; and
c) all reports, proposals, memoranda, drawings, diagrams, statements, accounts and other documents created during the course of the Executive’s employment;

but does not include information that is already in the public domain at the time this Agreement is executed or which subsequently falls into the public domain lawfully and through no breach of any duty of confidentiality.

7.2 Prohibited Conduct
The Member agrees that:

a) it will not use the Confidential Information to conduct or establish a business or assist another to establish or conduct a business that is similar to the business of Atomy in concept, design or execution without first obtaining the prior written approval of Atomy.
b) it will not disclose the Confidential Information to any other party without the prior written authority of Atomy;
c) it will take all reasonable steps to ensure the safety and integrity of the confidential information to prevent it from disclosure to any unauthorised party;
d) it will on demand of Atomy, return any confidential information supplied by Atomy to the Member in connection with Membership and this Agreement;
e) this clause survives termination of this Agreement.

8. RELATIONSHIP OF THE PARTIES
The Member agrees that:

a) If the Member actively conducts promotion of Atomy with a view to earn benefits under the Compensation Plan, the Member does so as an independent contractor and is responsible for its own business affairs that includes but is not limited to:
i. establishing customer leads and maintenance of its own customer information;
ii. setting its own objectives, strategies and scheduling;
iii. obtaining, insuring, and usage of any necessary equipment, products or services;
iv. uniforms or other suitable attire;
v. any expenses connected with operational costs, licensing, insurance and other incidental items;
vi. payment and account of any applicable taxes including any GST liabilities or payment and taxes connected to receipt of any Compensation Plan awards, commission payments or other benefits.
b) that the relationship between Atomy and the Member is not one of partner, principal and agent, employee, franchisee, joint venture, securities holder, fiduciary or beneficiary;
c) that it does not have the power or authority either directly or indirectly or through its servants or agent (if any) to bind Atomy with a customer or other third party or otherwise contract or negotiate or attempt to enter a binding relationship for or on behalf of Atomy.

9. INFORMATION DISCLAIMER
The Member agrees that:

9.1 Information Reliance
All information supplied has NO WARRANTY whatsoever. Information and statements are not intended to diagnose, treat, improve, benefit, cure, or prevent any disease, medical condition, or health concern or physical goals. No warranty is made that any information on or linked to the Atomy site is complete and/or accurate. All information contained on the Atomy website, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form and must be purchased and used or consumed in consultation with medical or professional heath care advice.

9.2 Must Seek Advice
Professional advice is required for each particular illness, disease, infection, injury or other medical or health condition and for dosages or usage instructions in relation to any health related product or service made available for sale on the Atomy website. This information is not to be taken as any sort of medical advice whatsoever, and the Member takes full and total responsibility for what the Member does with this information, and any resulting outcomes from the Member’s actions. Members must also consult with their physical health care provider prior to the purchase and use of any of the Atomy products or services available on the Atomy website.

9.3 No Substitute for Advice
The information contained in this Site is not intended nor is it implied to be a substitute for professional medical or health advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health care provider when starting any new medical treatment, dietary plan, dietary consumption, usage of product, physical exercise or activity, continuing with medical treatment or with any questions you may have regarding yours or any other parties medical or physical condition. NOTHING CONTAINED IN THE SERVICE OR ATOMY WEBSITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT OR HEALTH AND WELL BEING ADVICE OR INFOMRATION OR THAT THE USAGE OF PRODUCTS AVAILABLE ON THE ATOMY WEBSITE ARE SAFE FOR YOUR PERSONAL USE.

9.4 No Guarantee of Results
Atomy does not guarantee that any specific or beneficial result will be obtained from use of the Atomy services, purchase of Atomy products, or promotion or referral of customers to become Members and purchase Atomy products.

9.5 Action by You
If you notice any adverse, detrimental, negative or concerning changes to your physical, mental or emotional health upon accessing Atomy services and products, you will seek the attention of your independent health care professional immediately.

9.6 Testimonials
Any testimonials displayed on the Atomy website may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.

9.7 Acceptance of Risk
You acknowledge and accept that the purchase and use of the Atomy products and services may expose you to risk of physical harm when used or consumed. You purchase and use the product having considered and accepted the potential risks and are responsible for any adverse consequences that may occur.

10. DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS AND SERVICES SOLD
The Member agrees that:

10.1 EXCEPT AS EXPRESSLY STATED HEREIN THIS AGREEMENT, ATOMY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON ITS WEBSITE OR OTHER FORUMS EXCEPT AS EXPRESSLY STATED HEREIN. ATOMY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE ATOMY WEBSITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT FOR THE NEW ZEALAND CONSUMER GUARANGEES ACT 1993(FOUND AT: WWW.CONSUMERPROTECTION.GOVT.NZ). YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ATOMY ARISING FROM ANY PRODUCT SOLD ON THE ATOMY WEBSITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL AOMTY’S DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

10.2 TO THE EXTENT PERMITTED BY THE LAW, THAT OUR LIABILITIY IS LIMITED AT OUR OPTION TO ANY ONE OR MORE OF THE FOLLOWING:

In the case of products or goods—

i. The replacement of goods or the supply of equivalent goods;
ii. The repair of goods;
iii. The payment of the cost of replacing the goods or of acquiring equivalent goods;
iv. The payment of the cost of having the goods repaired;

In the case of services—

v. The supplying of the services again; or
vi. The payment of the cost of having the services supplied again.

11. INDEMNITY
The member agrees that:

11.1 Claim Meaning
“Claim” means any and all claims, suits, causes of action, liability (including taxation liability), loss (including consequential loss), damages, demand, claim of awards or benefits under the Compensation Plan, allegation, debt, costs and expenses (including legal fees on an indemnity basis and other professionals’ and experts’ fees, and court and arbitration costs), proceeding or demand of any nature how soever arising, whether present or future, fixed or uncertain, actual or contingent, known or unknown or whether at law (including breach of contract and tort of negligence) , in equity, common law, under statute, or otherwise.

11.2 Exclusion of Liability & Indemnity of Atomy
the Member at all times will indemnify Atomy and their officers, employees, agents, suppliers and licensors in respect of any Claims that is suffered or incurred by them arising in whole or in part out of or as a result of a breach of the Terms of this Agreement terms or due to any unlawful conduct committed by the Member including a breach of Intellectual Property Rights of third parties.

11.3 Atomy is not liable to any Member in respect of any Claim of a Member as against Atomy that arises in connection with this Agreement and the Member holds harmless and keeps indemnified Atomy against any and all Claims at all times.

12. REPUTATION, DIPARAGEMENT & DISREPUTE
The Member agrees that:

12.1 Lawful Conduct
the Member will always conduct itself in a manner that is compliant with the laws of the jurisdiction of which it resides or conducts business activity within;

12.2 Positive Conduct
the Member will not conduct itself in a manner that Atomy in its absolute discretion regards as being a risk of bringing Atomy into public disrepute and the Member will endeavour to conduct itself in a manner that presents a positive image for Atomy and its products and services.

12.3 Non-disparagement
the Member will not in any way, whether in writing, orally or otherwise, call into disrepute, slander, defame or otherwise criticise Atomy or any of its directors, officers, staff, employees, agents, Atomy products or Atomy services

13. SUSPENSION OF RIGHTS, MEMBERSHIP OR BENEFITS
The Member agrees that:

13.1 Suspension
Atomy may in its unfettered discretion and without prejudice to any rights it has under this Agreement (including termination), suspend, or alter any rights or benefits contained with Membership to Atomy including but not limited to purchasing of products and services, referral rights, suspension of rights granted via the Compensation Plan, non- payment of Compensation Plan benefits, non awarding of Compensation Plan points or cancellation or suspension of any bonus payments or awards and may do so for any period of time and for any amount or value that Atomy determines appropriate in its absolute and unfettered discretion.

14. TERMINATION & EXPIRY OF MEMBERSHIP AGREEMENT

14.1 Termination by Atomy for Breach
The Member agrees that Atomy without prejudice to any other rights it may have under this Agreement or at law, may terminate this Agreement immediately by written notice if the Member is in breach of any term of this Agreement.

14.2 Termination by Atomy Without Cause
The Member agrees that Atomy may terminate this Agreement and any Membership of a Member for any reason whatsoever, by providing written notice of termination of fourteen (14) days.

14.3. Termination by Member
Atomy agrees that a Member may terminate its Membership and this Agreement for any reason by providing a letter of Membership termination to Atomy by email at: atomy_nz@atomypark.com or as otherwise specified by Atomy from time to time. Membership termination will be deemed accepted at the time of receipt by Atomy.

14.4 Effect of Termination
Upon termination or expiry of Membership and this Agreement, the Member agrees that:

a) referral rights granted to the Member under this Agreement come to an end;
b) any Member benefits, bonuses, points, awards, prizes or other items specified in the Compensation Plan (as provided and updated by Atomy from time to time) are immediately no longer redeemable, or recoverable by the Member in any manner whatsoever;
c) all rights and licenses of the Member to use any of the Intellectual Property (including brand name, trademarks, Confidential Information) revert to Atomy without the need for anything else to be done by Atomy;
d) it will stop using and displaying in any manner, the Intellectual Property or anything that imitates or is deceptively similar to the Intellectual Property of Atomy;
e) cease using any Confidential Information;
f) do all things necessary (including executing all documents) reasonably required by Atomy and necessary or desirable to give full effect to the obligations of the Member at the end of this Agreement.

15. Products and Services

15.1 Price
The prices for services provided on the Atomy website will be as set out on the website at the time you apply to purchase. Atomy reserves the right to alter, update, and/or change the prices for the products or services at any time. Atomy may conduct such modifications to our pricing due to changes in the exchange rate values applicable at the time. All prices are in New Zealand dollars unless otherwise stated and are inclusive of GST.

15.2 Purchase
You may be elect to purchase products and services of Atomy. When selecting to purchase, you will be required to provide Atomy with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors. By ordering an Atomy product or service, you agree that Atomy may charge you the price listed at the checkout screen on our website. If you have any issues with payment do not hesitate to contact Atomy.

15.3 GST
Words or expressions used in this clause that are defined in Goods and Services Tax Act 1985 have the same meaning given to them in that Act. Unless otherwise stated, any amount specified in the Terms or the website as the consideration payable for any taxable supply includes any GST payable in respect of that supply. Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with the Terms.

15.4 Refunds, Exchange and Cancellation
All refunds, product exchanges or cancellations will be made in accordance with Atomy’s Refund & Exchange Policy as made available at:
https://www.atomy.com/nz/home/Common/ProtectPrivacy?tabindex=4&pop=Y
or as otherwise specified by Atomy from time to time.

15.5 Product Availability
Due to product demands, Atomy products and services may not be available at all times. If no products or services are available, Atomy will contact you and inform you of our product availability and projected delivery times. Although our product may be delayed or momentarily unavailable, you agree that we may still charge your credit card and deliver the Atomy products and services when they become available.

15.6 Taxes
You agree that Atomy may charge you taxes such as GST for any purchases through our website and Services. If Atomy fail to charge you GST you agree to pay any applicable GST or other taxes as required by your local laws and ordinances. You agree that Atomy is not responsible for providing you with advice in regards to your tax liabilities.

16. PRIVACY
Atomy is committed to ensuring that you can enjoy the services and products while safeguarding your private information. You must review Atomy’s privacy policy (attached to these Terms and headed (“Atomy Privacy Policy”) to ensure you know how you can make the best use of the services without compromising your privacy.

17. GENERAL

17.1 Amendments to Terms
Atomy reserves the right to amend these Terms and its policies whenever Atomy considers it necessary to do so within Atomy’s reasonable discretion. If you wish to modify these Terms, you must obtain Atomy’s agreement to vary the Terms in writing.

17.2 Incorporation of Policies & Rules
In accepting these Terms, you also agree:

a) to comply with all of Atomy’s policies and rules concerning the products and that are made available for all Member from time to time; and
b) that a breach of these policies or rules, by you constitutes a breach of these Terms.

17.3 Assignment
You cannot assign your rights, benefits or obligations under these Terms without Atomy’s prior written consent. Atomy can novate or assign its rights or obligations under these terms without restriction.

17.4 Automated Access
All Automated Access is also subject to these terms. No automated software may access the site until the person responsible for the Automated Access has accepted these terms. As such, any attempt to obtain Automated Access will be bound by these terms.

17.5 Severability
If anything in these Terms is unenforceable, illegal, invalid or void then the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed and the rest of these terms remain in force, unless the severance would change the underlying principal commercial purpose or effect of these terms.

17.6 Waiver and Cumulative Remedies
No failure or delay by either party in exercising any right under the terms will constitute a waiver of that right. Other than as expressly stated in the Terms, the remedies provided in the Terms are in addition to, and not exclusive of, any other remedies of a party under Laws.

17.7 Governing Law and Disputes
You agree that the Terms are governed by The Laws of New Zealand and that the offer and acceptance of the terms is deemed to have occurred in New Zealand. You also agree that disputes must be resolved in the courts of that jurisdiction. You agree that you will not be involved in an action as a class member in a class action and that all disputes must be pursued in your own name only. You waive your respective rights to seek or be involved in any class action under these terms or concerning any aspect of the Atomy Membership, products or services. You further agree that any proceeding taken by you other than in accordance with this clause 17.7 may result in Atomy filing to have the proceeding dismissed and that you will be responsible for all reasonable legal costs, court fees and disbursements in doing so.

17.8 Electronic Communications
The communications between you and Atomy use electronic means, whether you visit the Atomy website or Services or send Atomy e-mails, or whether Atomy posts notices on the website or as part of its services or communications with you via e-mail. You hereby consent to receive communications from Atomy in an electronic form and agree that all terms, conditions, agreements, notices, disclosures, and other communications that Atomy provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

17.9 Entire Agreement
The terms and any of Atomy’s policies or rules concerning Membership, its products and services, together with any of the other documents specifically referred to or incorporated in these terms by specific reference constitute the entire agreement between the parties and supersede all prior understandings and agreements concerning its subject matter. If the terms, or Atomy’s policies or rules are amended by Atomy, the newer version of those documents will then supersede the prior version.

General Terms and Conditions

TERMS OF USE

Atomy New Zealand Limited (“Atomy”, “we”, “our”) the authorised representative of a South Korea brand, 'Atomy' for the New Zealand Region.

Our Site (hereafter defined) is designed to provide a convenient, private and informative retail experience for Members to purchase products and services.

The following are the terms and conditions of a legal agreement which governs your use of our Site currently operating under the domain name www.atomy.com/nz (“Site”) (“Agreement”). This Agreement is between you and Atomy. As part of this Agreement, your use of this Site is also subject to our Privacy Policy.

By using our Site, you agree to be bound by the following terms and conditions of this Agreement, so please read carefully. We may change these terms and conditions at any point in time, and changes will be posted on the Site. By continuing your use of the Site, you agree to be bound by any changes made.

If you do not agree to these terms and conditions, please do not use this Site.

INFORMATION DISCLAIMER

No Warranty or Representation

You agree that any information supplied on the Site does not constitute as a warranty or representation but is provided for informational purposes only. Atomy makes no warranty or representation as to the accuracy nor completeness of any information on or linked to the Site.

WEBSITE USE

User information
By registering a User Account with this Site, you are taken to have wholly agreed to this Agreement. You also agree to provide Atomy with:

(a) a valid email address;
(b) accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
(c) any other information that may be required by Atomy during the registration process.

You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to Atomy that you are at least 18 years of age and all information provided to us by you, including the information provided by you through our User Account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

Multiple Accounts, Unauthorised User Accounts and Automated Account opening

Atomy may, in its absolute discretion, terminate and delete User Account(s) created through the following methods, without notice:

(a) Multiple User Accounts created for a user;
(b) User Accounts created by another Member using another person’s or Member’s personal information, whether such information has been obtained by consent or howsoever; and
(c) User Accounts created and registered by "bots" or other automated methods.

Approval of Registration
Atomy reserves the right to accept or reject any application for registration of an account with this Site at its absolute discretion.

Use
You are responsible for your own access and use of Atomy Services and accept the following terms:

(a) You must only use this Site through the interfaces provided by Atomy and in accordance with this Agreement and any applicable law.
(b) after you have created a User Account with Atomy, you may use the Site to search, view content and products, purchase products and interact with the material made available on the Site; and
(c) usage of the Atomy Products and Services is for personal use only and is not to be used for any other purpose other than the purpose established by this Agreement.

You must not, without Atomy’s prior authorisation (which may be withheld at our absolute discretion):

(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) this Site or the servers or networks that host this Site;
(b) use (or attempt to use) data mining, robots or similar data gathering and extraction tools on this Site;
(c) share your personal information to another Member;
(d) use another person or Member’s personal information, howsoever obtained, to create any User Account(s);
(e) use alter-egos or other disguised identities when accessing the Site, or utilise any form of indirect and ‘spoofed’ access to the Site;
(f) perform any caching or hypertext linking to any portion of the Site;
(g) interfere (or attempt to interfere) with security-related or other features of this Site; or
(h) reproduce, duplicate, copy, distribute, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site including Atomy Product and Services provided through the Site.

Violations of this Agreement
Without limiting any other remedies available to Atomy at law or in equity, we reserve the absolute right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide Atomy Products and Services to you if:

(a) you breach any provision of this Agreement;
(b) we are unable to verify or authenticate any information that you provide to us; or
(c) we believe that your actions may cause damage and/or legal liability to us, any of our customers or suppliers or any other person.

Acceptance of Risk
You acknowledge and accept that:

(a) Your User Account is not a secure data storage facility for primary information that you wish to retain. Atomy reserves the right to delete content stored using the Site any time without notice. If you want to secure your Content, you should take other measures to ensure safe and secure storage of your Content.
(b) Atomy does not guarantee any specific results or benefits will be obtained from using Atomy Services, purchase of Atomy Products, or promotion or referral of customers to become, and the use or consumption of the Atomy Products and Services may expose you to risk of physical harm.
(c) NOTHING CONTAINED IN THE SITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS, ADVICE OR TREATMENT OR HEALTH AND WELLBEING ADVICE OR INFORMATION OR THAT THE USAGE OF PRODUCTS AND SERVICES AVAILABLE ON THE ATOMY WEBSITE ARE SAFE FOR YOUR PERSONAL USE, and you agree to make your own enquiries and seek professional advice for each illness, disease, infection, injury or other medical or health condition, health concern, or suitability of any product or service for your personally and for dosages or usage instructions in relation to any related Atomy Product or Services made available for sale on the Atomy Site.
(d) You purchase and use Atomy Products and Services having considered and accept the potential risks associated with the purchase and agree to be fully responsible for any adverse consequences that may occur to you resulting from your use of Atomy Products and Services.

YOUR USER ACCOUNT WITH ATOMY

Your Responsibilities
You must operate your user account in accordance with Atomy’s directions and in particular, you agree to the following:

(a) upon registration, you will nominate an email and password for your use of the Site and the associated services provided through the Site (including your web browser being directed and landing on our Site);
(b) you are responsible for the accuracy, quality and legal integrity of your data and the means by which you acquire your data;
(c) you may be required to have and maintain an internet or data connection in order to access the Site;
(d) Atomy has no obligation to investigate the source of any access to verify your use of the Site. Each time the password or identification selected by you at registration is utilised to access the Site, it is deemed to be accessed by you or authorised by you, including (without limitation) all communications and transmissions and all obligations (including but not limited to financial obligations) incurred through such access or use of the Site;
(e) you have permission to use and operate your own User Account, but the extent of that use and operation is at Atomy’s sole discretion. We may maintain your User Account differently to the accounts of other users;
(f) your User Account must only be created and operated by you on your own behalf. You must not create nor operate your user Account on behalf of anyone else, including but not limited to an organisation that is not a natural person (“Organisation”). However, if we permit you to open a User Account on behalf of an Organisation, then:

(i) the word “you” in this Agreement includes both you and the Organisation; and
(ii) you represent that you are authorised to represent the Organisation and that you have the full legal authority to bind the Organisation to this Agreement;

(g) Atomy has no obligation to investigate and resolve any complaints in relation to new and additional User Account(s) being created due to your own disclosure of your personal information to another person.
(h) if you connect the services with a Third Party Service (such as, Atomy education centres) with which you have a user account, you authorise Atomy to use information about you available from the Third Party Service and to store your user login information for that Third Party Service;
(i) you take full responsibility for everything done through your User Account and in particular –

(i) you agree to not share the login credentials for your User Account with any other person, or permit any automated use of your User Account without our written consent;
(ii) you agree to use a password for your User Account that is not easily identifiable or ascertainable and likely to remain secure (incorporating upper and lower case letters, numbers and symbols). We are not responsible for any unauthorised activity on your User Account if you fail to keep your account login information secure;
(iii) you agree to notify us straight away if you suspect another party has access to your User Account or if you suspect that another party is conducting activity through your User Account .
(iv) you agree to use commercially reasonable efforts to prevent unauthorised access to or use of the Site; and
(v) you agree to not seek to circumvent our methods intended to control access to the Site;

(j) you must only provide Atomy accurate and complete information about you when you create your User Account . If your details have changed after creating your User Account, you must update the relevant information; and
(k) you agree that Atomy may send you an email or other electronic messages concerning your User Account, Atomy and its commercial partners from time to time. You will have the right to opt out the information sent.

PRICES
Atomy reserves the absolute right and discretion to make any changes, without notice, to the Atomy Services and Products shown on the Site at any time including any action to modify, amend, suspend or discontinue all of or any part of the Atomy Services and Products.

Shipping costs will depend upon the location of your nominated delivery address and the Atomy Product purchased. Shipping costs will be shown separately during the checkout process.

PAYMENT METHODS
We accept all major credit cards including Visa and MasterCard. There is no surcharge for Visa or Mastercard transactions with Atomy.

All payments made through the Site will be processed and charged by the third party or company designated by Atomy in accordance with the payment method that you may elect at the time of payment for your Order. By making a credit card payment and thereby designating a card to be billed, you confirm that you have the full authority to make such payment and that you are either the holder of such card (i.e., that the card is issued in your name), or you are authorised to use the credit card by the holder.

Please ensure you provide your correct billing address and contact details as exactly provided to the bank institution for your credit card, as incorrect information may cause a delay or cancellation in processing your order.

Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your credit card details at any point in time. In the event that we cannot fulfil your order for reasons beyond our control, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.

ORDERS

Order Constitutes Offer

By placing an order through this Site (“Order”), you make an irrevocable offer to us to purchase the Atomy Products and Services that you have selected pursuant to this Agreement. Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any products or services to you – however, we will use reasonable commercial endeavours to supply your selected Atomy Products and Services to you.

We will not commence processing any Order made through this Site unless and until payment for the Order has been received by us in full.

Order Acceptance Policy

Your receipt of an electronic or other form of Atomy Product or Service confirmation does not signify our acceptance of your Order.

Acceptance of each Order will take place if and when Atomy ships the requested Atomy Product(s) to your nominated delivery address, at the time at which the Atomy Products are despatched by us. Title to, and risk in, the items will pass from us to you at that time.

Right to Cancel or Refuse Order
At any time after receipt of your Order, if a situation arises beyond our control preventing or restricting our ability to fulfil an Order, we reserve the right at our absolute discretion to, without any prior notice:

(a) to decline all or part of your Order;
(b) to supply less than the quantity you ordered of any Atomy Product;
(c) refuse to provide Atomy Products to you;
(d) terminate your access to this Site (as appropriate); and/or
(e) remove or edit any content on this Site.

We may also require additional verifications or information before accepting any order of Atomy Products and Services, where your failure to do so may result in refusal or cancellation of your Order.

In the event that we cancel or are unable to fulfil your Order, we will provide a full refund of any payment received using the payment method used for the purchase of the Order.

Typographical Errors

If there are any errors in the description of any Atomy Product on the Site due to typographical errors or any other errors, we reserve our right to refuse or cancel any orders placed for such Atomy Product and Services. Atomy shall have the absolute discretion to refuse or cancel any such Orders whether or not an Order confirmation has already been provided to you and your credit card charged. If money has already been charged to your credit card for the relevant purchase of the Atomy Product and Services, we will immediately provide a refund to your credit card in the amount of the incorrect price.

DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS AND SERVICES

EXCEPT AS EXPRESSLY STATED HEREIN THIS AGREEMENT, ATOMY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON ITS WEBSITE OR OTHER FORUMS EXCEPT AS EXPRESSLY STATED HEREIN. ATOMY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT FOR THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993(FOUND AT: WWW.CONSUMERPROTECTION.GOVT.NZ). YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ATOMY ARISING FROM ANY PRODUCT SOLD ON THE SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL AOMTY’S DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

TO THE EXTENT PERMITTED BY THE LAW, THAT OUR LIABILITIY IS LIMITED AT OUR OPTION TO ANY ONE OR MORE OF THE FOLLOWING:

In the case of products and goods --

i. The replacement of goods or the supply of equivalent goods;
ii. The repair of goods;
iii. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. The payment of the cost of having the goods repaired.

In the case of services --

v. The supplying of the services again; or
vi. The payment of the cost of having the services supplied again.
(a) The replacement of products or the re-supply of equivalent products;
(b) The repair of products;
(c) The reimbursement of the cost of replacing the products or of acquiring equivalent products; or
(d) The reimbursement of the cost of repairing the products.

INDEMNITY

Definition of “Claim”
“Claim” means any and all claims, suits, causes of action, liability (including taxation liability), loss (including consequential loss), damages, demand, claim of awards or benefits under the Compensation Plan for the Members, allegation, debt, costs and expenses (including legal fees on an indemnity basis and other professionals’ and experts’ fees, and court and arbitration costs), proceeding or demand of any nature how soever arising, whether present or future, fixed or uncertain, actual or contingent, known or unknown or whether at law (including breach of contract and tort of negligence) , in equity, common law, under statute, or otherwise.

Exclusion of Liability & Indemnity of Atomy
By using this Site, you agree to indemnify and hold harmless Atomy and its officers, employees, agents, consultants, licensors, related entities (as defined in the Corporations Act 2001 (Cth)), partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

(a) any material or information that you submit, post, transmit or otherwise make available through this Site;
(b) your use of, or connection to, this Site; or
(c) your negligence or misconduct, breach of this Agreement or violation of any law or the rights of any person.

INTELLECTUAL PROPERTY

Copyright
In this Agreement, the term “Proprietary Content” means:

(a) this Site;
(b) all of its content (including, without limitation, all design, texts, graphics, pictures, video, information, applications, software, music, south, and other files contained therein or related thereto, and the arrangement thereof, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents contained in this Site); and
(c) all software, systems and other information owned or used by Atomy in connection with the products offered through this Site (whether hosted on the same server as this Site or otherwise).

All Proprietary Content is the property of Atomy or its licensors (as applicable) and is protected by The New Zealand and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by this Agreement or with the prior written consent of Atomy or other copyright owner (as applicable).

You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks
The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Atomy. These trademarks, service marks and trade dress must not be used, copied or imitated, in whole or in part, without the prior written consent of Atomy.

Copyright claims
If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material from our Site as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material from our Site at our absolute discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material from our Site pending resolution of that legal action.

OUR RIGHTS
We reserve our full rights to electronically monitor the Site without notice or liability.

We may also disclose any Content, records, or electronic communication of any kind for the following purposes without previous notice or liability:

(a) to satisfy any law, regulation, or government request;
(b) if such disclosure is necessary or appropriate to operate the Site;
(c) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors.

APPLICABLE LAW
You agree that the terms are governed by the New Zealand and that the offer and acceptance of the terms is deemed to have occurred in New Zealand. You also agree that disputes must be resolved in the courts of that jurisdiction. You agree that you will not be involved in an action as a class member in a class action and that all disputes must be pursued in your own name only. You waive your respective rights to seek or be involved in any class action under these terms or concerning any aspect of the Atomy Membership, products or services. You further agree that any proceeding taken by you other than in accordance with this clause may result in Atomy filing to have the proceeding dismissed and that you will be responsible for all reasonable legal costs, court fees and disbursements in doing so.

TERMINATION
The terms and conditions of this Agreement are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to, in our sole discretion, suspend, deny, limit or terminate, your use to all or any part of the Site without prior notice or liability. You acknowledge and agree that we may also deactivate or delete your registration and any and all related information under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

Privacy and Security

1. Introduction
Welcome to the Privacy Policy for Atomy New Zealand Limited services as available via our website link: www.atomy.com/nz (“Site”) and any associated services owned by Atomy New Zealand Limited. Throughout this policy, the words “Atomy”, “us”, “we” and “our” refer to our company, Atomy and our Site or any “Services” we provide, as is appropriate in the context of the use of the words. We recognised the importance of protecting the privacy of individuals and their personal information. We aim to provide a Site and Services that will ensure the information you provide to us online is collected, managed and disclosed in a secure and confidential manner.

We’ve tried to make our Privacy Policy easy to understand so that you are informed as to how we use your information. This Privacy Policy, like our Terms of Service and Conditions, is an integral part of using our Services; therefore you must completely agree to our Privacy Policy in order to use our Site or Services. You must be 18 years of age or older to purchase any products or Services from Atomy.

2. Information collected

Personally identifiable information submitted by you
You will not be required to provide us with any information when you visit our Site. However, if you opt to receive email communications from us we will ask you for your name, email address and a little bit about you, such as what country you live in.

In order to purchase any products, you could be required to submit your name, email, address, postcode, phone contact and payment information.

If you wish to sign up for any Programs, you may also be asked to submit additional information including, but not limited to, your address, mobile number, physical characteristics and your health goals.

Please be aware that all payment information will be shared with and stored by our third-party payment processor, Windcave or other payment processes as obtained by Atomy from time to time.

Non-identifying information
Whenever you use our Site or Services, we may collect non-identifying information from you, such as your IP address, interactions with the Site and Services, query information, location, referring URL, browser, operating system, cookie information, usage, data transferred, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider or additional records from a third party, such as your wireless provider, this information alone cannot usually be used to identify you.

3. Use of your information
We will never sell or transfer any personally identifiable information to third parties without your consent. However, you agree that we may use your information to:

• enhance or improve our users’ experiences.
• provide our Services to you.
• email you newsletters and correspondence.
• process your transactions.
• contact you and to respond to inquiries.

Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of any laws or if a violation of the Terms of Service or Privacy Policy has occurred.

4. Accessing, editing and removing your information
You will not be able to access any information submitted to our Site. However, if you have any questions or wish to review, change or delete any of your information submitted, please contact us at atomy_nz@atomypark.com. Additionally, if you wish to opt out of our data collection practices or would like us to remove any of your information, please contact us at atomy_nz@atomypark.com. After you have you have submitted information to us, please be aware that we may keep inaccessible copies of your information for a commercially reasonable period of time.

5. Cookies and tracking

Cookies
We use cookies on our Site and Services. Cookies are little bits of code that help us determine your preferences and allow us to track your advertisements. Additionally, some or all of our cookies may be accessible by third parties to help improve your experience. For this reason we ask that you have cookies enabled while using our Site or Services.

Google Analytics and Google Adwords
We use Google Analytics. This is a web analytics service provided by Google, Inc. (“Google”), whereby website traffic and usage data is transmitted to and stored by Google in the U.S. Google uses this information to evaluate website usages and provide us with reports that help us understand website traffic and usage. Google will not associate your IP address with any other data it holds. By using our site you consent to the processing of data about you by Google as described in Google’s Privacy Policy.

We also use Google AdWords and remarketing to display specific advertisements to visitors that have previously visited our site when those visitors go to other websites that have the Google Display network implemented. Along with other third-party vendors, including Google, we use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) to display these ads.

When creating remarketing lists, we can’t and don’t use any sensitive information about users. As AdWords advertisers, we are restricted from and will not perform the following actions:

i. Running ads that collect Personally Identifiable Information (PII) including, but not limited to, email addresses, telephone numbers and credit card numbers.
ii. Creating a remarketing list or creating ad text that specifically targets users in ways that are outlined as “prohibited”.

You can opt out of Google Analytics for display advertising and customise Google Display ads using the Ads Preferences Manager by visiting www.google.com/settings/ads.

Social interfaces
We also use interfaces with social media including Facebook and Twitter. If you “like” or “share” information from our site via these services, we recommend reviewing their privacy policies. If you are a member of Facebook or Twitter, the interfaces may allow the them to connect your visits with our site with other personal information.

6. Third-party access to your information
Although you are entering into an Agreement with Atomy to disclose your information to us, we do use third-party individuals and organisations to assist us, including contractors, web hosts and others. In providing our Services to you, we may delegate our authority to collect, access, use and distribute your information. In agreeing to this Privacy Policy you agree that every authorisation you grant to us under this Privacy Policy is also granted to any third party that we may hire, contract or otherwise retain the services of in operating, maintaining, repairing, improving or preserving our Site and Services. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any actionable wrong against you.

The following is a non-exhaustive list of other entities that we may store, share or transfer your information with:

• AdSense
• MailChimp
• Windcave Payments
• WP Engine
• Amazon Web Services

7. Law enforcement
You agree that we may disclose your information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated the law or the terms of our Terms of Service or Privacy Policy, or if we believe that a third party is at risk of bodily harm.

In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe your publications violate any New Zealand laws or any other country having jurisdiction over us, our Site, Services or our Terms of Service.

You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or national authorities, as required.

8. Commercial and non-commercial communications
If you decide to provide us with your contact information, you waive all rights to file complaints concerning unsolicited emails from us, since you have agreed to such communication. However, you may unsubscribe from certain communications by notifying Atomy that you no longer wish to receive these solicitations, and we will endeavour to remove you from our database where you have the right to request this under our Agreement, Privacy Policy or applicable law. If you wish to opt out of certain communications, please contact us at atomy_nz@atomypark.com.

9. Third parties
Atomy may post links to third party websites on our Site or Services, which may include information that we have no control over. When accessing a third party site through our Site or Services, you acknowledge that you are aware that these third-party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third-party websites. Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties. Atomy bears no responsibility for the information collected or used by any advertiser or third-party website. You must review their Terms of Service and Privacy to understand how their information collection practices work.

10. Security measures
We take reasonable attempts to protect your information. However, as this is the internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls and other precautions to protect yourself from security and privacy threats.

11. Your New Zealand privacy rights
Atomy intends to comply with Privacy Act 2020 Of New Zealand. If you are an New Zealand citizen you may wish to ask us additional questions regarding the information we collect. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at atomy_nz@atomypark.com with any questions.

12. Age compliance
We intend to fully comply with international laws respecting children’s privacy. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18, please do not submit any information to us without parental consent. If you believe that someone under the age of 18 has submitted information to us without parental consent, please contact us immediately.

13. International transfer
Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction, where the privacy laws may not be as protective as those in your jurisdiction. We may transfer personal information to New Zealand or elsewhere and process it there. Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to that transfer.

14. Amendments
Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will modify the date listed on this Agreement or we may contact you. You must agree to the amendments as a condition of your continued use of our Site and Services. If you do not agree, you must immediately cease using our Site and Services, and notify us of your refusal to agree by emailing us at atomy_nz@atomypark.com

Click here to e-mail the ATOMY Privacy Officer

Refund & Exchange Policy

Atomy Returns Policy

Our returns policy is in addition to your rights under the New Zealand Consumer Law because we want you to be satisfied with your purchase. Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you.

Returns
If for any reason, you are not satisfied with Atomy products you purchase, you may return them within 30 days from the date of purchase. Atomy will make a full refund of the purchase price subject to:

• to you providing proof of purchase at the time you return the item such as a receipt of payment or online tax invoice;
• the item is returned within the 30 day time frame since original purchase;
• the product packaging is not tampered with, opened, damaged or in a condition other than as originally provide to you at the time of purchase;
• that the product is not used and in its original saleable condition;
• the product is in its original packaging including manuals, pamphlets and all accessories;

Exchange
Atomy will accept product returns and provide you with an exchange, refund or repair where:

• The product is faulty or is not of acceptable quality, or
• Significantly different to those shown or described to you, or
• The product is not fit for its intended purpose, or
• The product is unsafe, and
• You can present your Atomy receipt, online tax invoice or other adequate proof of purchase.

Atomy may elect to return the product to the manufacturer to determine the nature of the problem. Atomy reserves the right not to offer an exchange, refund or repair where the item fault is a result of misuse or neglect.

Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair goods. Our goods come with guarantees that cannot be excluded under the New Zealand Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality* and the failure does not amount to a major failure.

Compensation Plan Awards
Upon return of a product any awards that would otherwise be applied to a Member purchase is not applied or if already awarded, retracted by Atomy.

Damage Via Postage
Even though great care is taken in the postage process, if your item/s arrives damaged, please contact our Customer Service Team to assess the damage and to work out a solution. You may be requested to provide of photograph of your item/s and /or delivery package to aid a speedy resolution.

Returns & Exchange Process
You must first obtain prior approval from Atomy to exercise your return or exchange rights and any failure obtain this approval will result in denial of your claim and return of the product at your expense. Where approved, You must return the product to Atomy New Zealand Limited during office hours and any return transport costs (if any) must be paid by you unless the product purchased was defective.