PREKURE Terms and Conditions

Last updated:  17 January 2024

General Terms

Student Enrolment Agreement

 

Please read this information carefully.

PREKURE (hereafter referred to as “PREKURE”, “we”, “us”, or “our”) provides health educational services and related programs, products and services (“Services”) online, via the PREKURE website(s) (the “Sites”) to individuals who use our Sites and/or register or purchase our Services (hereafter referred to as “Clients”, “Users”, “you”, or “your”). The following Terms of Use and Privacy Policy, as amended or modified periodically (the “Terms of Use”), govern your use of our Services and Sites.

By clicking “I accept”, or by using our Sites or Services, you acknowledge that you are 18 years of age or older (or of your jurisdiction’s required legal age to form a legally-binding contract) and that you have read, understood and agree to be bound by these Terms of Use and Privacy Policy. If you do not wish to be bound by, and comply with, these Terms of Use, you should not access or otherwise use our Sites or Services. 

PREKURE may modify these Terms of Use at any time, at our sole discretion, and such modifications shall be effective immediately and supersede all previous Terms of Use on our Sites or your notification of such amendments. You agree to review these Terms of Use periodically, and your continued use of our Sites or Services shall be deemed as conclusive and full acceptance of any modified Terms of Use.

General Terms

Acceptance of Terms and General Provisions

By accessing PREKURE’s family of websites, including www.prekure.com and other PREKURE-owned websites, including, but not limited to, learn.prekure.com (collectively, “the Sites”), you agree to be bound by the terms and conditions described herein (“Terms of Use”) and any subsequent changes and updates as may be applied from time to time. Except as specifically stated otherwise, these Terms of Use set forth the entire understanding of the subject matter.

These Terms of Use, including all policies, terms and conditions, or other documents and agreements incorporated by reference, which you accept by using the Services or Sites, constitute the entire agreement between you and PREKURE regarding the use of our Services and Sites. Any and all other written or oral agreements or understandings regarding your use of our Services and Sites, including any previously existing, are hereby superseded and cancelled.

If any provision of these Terms of Use is found to be unlawful, void or unenforceable, then such provision shall be deemed severable from the rest of the Terms of Use, and shall not affect the validity and enforceability of any remaining provisions.

Modifications

PREKURE reserves the right to change the Sites, these Terms of Use, and any other policies or conditions, without prior notice. Please review this page periodically for any updates or changes. These Terms apply to all visits to the Sites, both now and in the future. Your continued access of the Sites shall be deemed your notification and acceptance of these changes.

Questions regarding these Terms of Use should be directed to [email protected] or to PREKURE, B:Hive, Smales Farm, 74 Taharoto Road, Takapuna, Auckland 0622.

Education, Programs, and Limitations of Professional/Medical Advice

PREKURE’s programs are of a general nature and should not replace any current medical care you may be receiving. Whilst PREKURE shares and embraces your enthusiasm for Lifestyle Medicine, if you require more personalised advice, please consult your preferred health professional.

Additionally, PREKURE Certified Health Coaches are not medical professionals. PREKURE does not provide or offer professional medical evaluation, advice, diagnosis or treatment (“Medical Advice”), nor is it a replacement for such Medical Advice. Our Services are provided for information only. We will provide you with access to general health education and information, nutritional and fitness advice, and references to other resources, according to the information you supply to or request from us. While we believe that the information we provide is current, reliable, and accurate, PREKURE makes no such guarantee or warranty.

Before you make use of any PREKURE Service or information, you hereby agree that you will consult a suitably qualified physician or other healthcare professional for any Medical Advice, particularly if changes in your diet or lifestyle may pose any risk to your health. Our Services are not intended for use by Minors, or by individuals whose pre-existing health conditions, whether diagnosed or not, make changes to diet or lifestyle unsafe or otherwise inappropriate.

Furthermore, PREKURE shall have no obligation or responsibility to monitor Users’ health statuses or conditions, nor to contact or alert any medical or emergency professional. Your reliance on any information obtained through our Sites or Services is entirely at your own discretion, and PREKURE disclaims all liability to you or any other parties in connection with such information.

 

Code of Health and Disability Services Consumers’ Rights

PREKURE abides by The Code of Health and Disability Services Consumers’ Rights (“the Code”), which establishes your rights as a consumer, and the obligations and duties of PREKURE to comply with the Code. Please follow the link to read the Code in full.

 

Payment

You agree to pay all applicable fees and taxes in relation to your purchase of PREKURE’s Services, and further, you authorize PREKURE to charge you for such Services using your preferred payment method. All fees are chargeable in New Zealand Dollars and are non-refundable, except as required by law, or as detailed below under “Refund Policy”. Credit card and/or bank charges and foreign exchange rates are beyond PREKURE’s control and we are in no way responsible for these. You are responsible for providing us with complete and accurate billing and contact information, and we may suspend or terminate Services if fees become 30 days past due.

Product Upgrades

Customers can upgrade with our best price offer within the first 90 days of their original purchase. After 90 days, upgrades are subject to the full product price. Prices for upgrades are not guaranteed beyond the initial 90 days. Upgrades after 90 days require payment of the full current price.

Refund Policy

In the unlikely event that you are dissatisfied with the purchase of a PREKURE product or service please contact us, we’re here to help. We offer full refunds for all Short Courses and Certificates within 30 days of your purchase and partial refunds as detailed below:

PREKURE Certificates Refund Policy: 

  • Within 30 days of your purchase receive a full refund, no questions asked. 
  • Within 90 days of your purchase, if you’re not satisfied or life has got in the way, receive a 50% refund, or ask us about deferring to a later start date.
  • 10% deposits are non-refundable.

PREKURE Short Courses Refund Policy: 

  • Within 30 days of your purchase receive a full refund, no questions asked. 

Network Product membership Refund Policy:

  • No refunds for annual Network membership paid in advance. 

 

Complaints Procedure

If you are dissatisfied with the service you’ve received from PREKURE, we’d like to hear about it. We have a dedicated process for addressing your concerns, resolving any outstanding issues, and to enable us to continually improve.

Please use our resolution process for matters relating to:

  • our services, whether in person, via email, by phone, or on our website;
  • our website generally;
  • an enquiry you’ve made;
  • a product or service you have purchased from us;
  • how we have carried out a process, including those on our website or in the Standards and Accreditation Act 2015;
  • a situation where you feel we didn’t communicate with you clearly;
  • a situation where you believe you weren’t treated with courtesy or respect.

If you are dissatisfied in any way please write to us either via email or letter to [email protected] or to Complaints Officer, PREKURE, B:Hive, Smales Farm, 74 Taharoto Road, Takapuna, Auckland 0622. 

Please include:

  • your name and email address,
  • your company name, if applicable,
  • account details, if applicable.

Timeframes for resolving complaints

We aim to:

  • acknowledge receipt of a complaint within 2 working days, and
  • Respond to complaints within 15 working days.

If you have more than one complaint, or your complaint is about more than one issue, we may need more time. If this happens, we’ll let you know.

Assessing complaints

When we assess complaints, we aim to:

  • keep an open mind and take a fresh look at the issues raised;
  • acknowledge any mistakes and put them right if we can;
  • have our response checked for quality, completeness, and accuracy;
  • be fair;
  • see things from your point of view;
  • understand the reasons for you having lodged a complaint, and address those reasons;
  • escalate your complaint to the correct people, as necessary;
  • keep in mind the context of our scope and role;
  • operate within legal boundaries and business policies.

What we need from you

It makes it easier for us to resolve your complaint if you:

  • clearly identify the grounds for your complaint;
  • provide any extra information we ask for;
  • act honestly and treat us with courtesy and respect—we will do the same for you.

Personal Information

We will use the personal information you give us to correspond with you in relation to your complaint. We will not share your personal information unless it’s necessary (for example, to fully and fairly investigate your complaint). We will not use it for any other purpose, or disclose it, except, in exceptional situations, for reasons permitted under the Privacy Act 1993 or—in rare instances—if we are required to do so by law (for example, to investigate a criminal offence).

 

Intellectual Property

Unauthorized use of any material contained on the Sites or learning platforms may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes of communications. PREKURE monitors the use of its intellectual property and may seek legal action against any infringing parties. 

All PREKURE content provided or otherwise made available through the Sites, learning platforms, and Services, including, but not limited to, text, graphics, images, music, software, audio, video, learning and other concepts, methods of operation, works of authorship of any kind, design and general appearance, and any other material or information (the “Content”) is the property of, or controlled and/or licensed by, PREKURE and is protected by relevant intellectual property laws of New Zealand and other countries.

Subject to your agreement with these Terms of Use, PREKURE grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, and display the Content solely in connection with your permitted use of our Services and Sites.

 

Trademarks and Trade Names

All trademarks and service marks, trade names, logos and graphics (the “Marks”) displayed or otherwise used in our Services, Sites or Content, are the registered or common law trademarks of PREKURE. You may not make any use of such Marks for any purpose without PREKURE’s prior written consent.

 

General Prohibitions and Acceptable Usage

In order to ensure a positive and welcoming environment when using PREKURE’s Services, the following rules of usage will apply. You agree that you will not:

  • Allow your account to be used for any purpose by any other person (other than an appointed representative subject to your direct supervision);
  • Attempt to access any other individual’s account, including, but not limited to, attempts to create an account for our Services using another person’s credentials, unless you are their appointed representative, subject to a written agreement detailing such permission;
  • Create multiple accounts under different names or email addresses, or attempt to re-register an account that has been terminated by PREKURE;
  • Post, upload, publish, submit or transmit through our Sites or Services any content that:
    • is an infringement or misappropriation of any third party’s intellectual property, trade secret, moral right, or right to publicity or privacy; 
    • violates, or encourages conduct that might violate, any applicable law or regulation, or that might give rise to civil liability;
    • is fraudulent, misleading or false; 
    • is defamatory, obscene, pornographic, or might reasonably be held as vulgar or offensive;
    • promotes and/or encourages discrimination, bigotry, racism, hatred, harassment, or harm towards any individual or group;
    • is violent or threatening, or promotes violent or threatening actions towards any person or entity;
    • promotes and/or encourages illegal or harmful activities or substances.
  • Post, upload, publish, submit, transmit, or communicate in any medium or forum, by any means, content directly to and/or about PREKURE employees that:
    • is defamatory, obscene, pornographic, or might reasonably be held as vulgar or offensive; 
    • promotes and/or encourages discrimination, bigotry, racism, hatred, harassment, or harm;
    • is violent or threatening, or promotes violent or threatening actions, or actions that might reasonably be perceived as threatening.
  • Use PREKURE’s name, trademarks, logos, or other proprietary material, or the layout and design of any page or form within the Sites or Services, without PREKURE’s express written consent;
  • Display, mirror, or frame the Services, or any individual element within the Services, without PREKURE’s express written consent;
  • Access, use, or otherwise manipulate or interfere with non-public areas of the Services and the Sites, PREKURE’s computer systems, or the delivery systems of PREKURE’s providers;
  • Probe, scan, or otherwise test the vulnerability, or attempt to do so, of any PREKURE system or network, or to attempt to breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any system or measure implemented by PREKURE, or any of our providers or any other third party (including another User) to protect the Services, Sites, or Content;
  • Interfere with, or attempt to interfere with, the access of any User, host or network, including, but not limited to, intentionally posting or transmitting any file containing a virus, bug, worm, Trojan horse, disabling device or any other contaminating or destructive code or feature;
  • Use any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, and data mining tools) to access or search the Sites, Services, or Content, other than such software provided by PREKURE, or other generally available third-party web browsers;
  • Post, upload, publish, submit or transmit through our Sites or Services any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or other forms of solicitation;
  • Use the Services, Sites or Content for any commercial purpose, or for the benefit of any third party, or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Sites, or Content to send altered, deceptive or falsely-identified information;
  • Use any metatags or other hidden text or metadata that make use of PREKURE trademarks, logos, URLs, product names, or other proprietary material, without PREKURE’s express written consent;
  • Collect or store any other Users’ personally identifiable information without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation;
  • Encourage or enable any other individual to do any of the foregoing.

The content and information contained in all communications sent through PREKURE’s Sites and Services, including, but not limited to, accuracy, veracity, and completeness, are the sole responsibility of the sender of such communications. Whilst PREKURE reserves the right to monitor and record, remove, or edit all content within our Sites and Services, we are not obligated to do so. Furthermore, PREKURE is in no way responsible or liable for the performance or otherwise of such monitoring and removal/editorial activities.

 

Limitation of Liability

Neither PREKURE, nor any other party involved in the creation, production, or delivery of Services and/or Content shall be, under any circumstances, liable: 

  • to you for any punitive, special, incidental, consequential or other indirect damages (including, but not limited to: damages for loss of data or goodwill; loss of programs and/or software; loss of profits; costs associated with the procurement of substitute services, or costs of service interruptions) arising from, or related to the use of, or the inability to use, the Services or Sites, and any and all equipment or devices received by you as part of your use of in the Services, even if PREKURE or its agents or representatives know, or have been advised of, the possibility of such damages arising;
  • to any other person or entity for any damages whatsoever.

Additionally, PREKURE disclaims all liability, regardless of the form of action, associated with the acts or omissions of other Users, or unauthorized users (e.g., “hackers”), of the Services, except where such liability is a consequence of PREKURE’s gross negligence or willful misconduct.

Under no circumstances shall PREKURE be liable to you, or any other party, for any amount in excess of the amounts paid by you (or by a third party on your behalf, and then only to the extent that any such amount is directly attributable to you) to us for access to the Services and/or Sites. 

These limitations or exclusions may not apply in certain jurisdictions. Any other rights may vary by jurisdiction.

 

Violation of the Terms of Use

PREKURE reserves the right, in addition to other rights and remedies that may be available to us, to terminate or suspend any User’s access or use of the Services or the Sites, without notice, if we believe, at our sole discretion, that such User has violated these Terms of Use.

 

Termination

You may cancel your account at any time by emailing us at [email protected]. In such circumstances, PREKURE shall not be required to provide you with a refund or any other compensation. 

If you violate these Terms of Use, we reserve the right to terminate or suspend your account or use of the Services at any time, without the requirement to provide a refund or any other compensation.

Upon termination, discontinuation or cancellation of your account, or the provision of our Services to you, all provisions of these Terms of Use which should survive will survive, including, but not limited to: content rights and intellectual property ownership, warranty and professional/medical services disclaimers, assumption of risk and indemnity, limitations of liability, and dispute resolution provisions.

 

Dispute Resolution and Governing Law

These Terms of Use shall be governed and construed in accordance with New Zealand law, and the laws of New Zealand are applicable therein, without giving effect to any principles of conflicts of law. You agree that any claim or cause of action arising out of, or related to, your use of the Services, Sites, and/or Content shall be brought exclusively in the appropriate courts of New Zealand. The language of any proceedings arising from these Terms of Use shall be English.

It is your responsibility to comply with applicable local laws if you access our Services or Sites from other jurisdictions. Acceptance of these Terms of Use shall in no way affect your statutory or other consumer rights which cannot be, or have not been, altered, limited or waived by these Terms of Use. You are advised to consult with a legal professional in your own jurisdiction for the exact implications of these Terms of Use. 

Regardless of any statute or law to the contrary, any claim or cause of action against PREKURE arising from or related to your use of our Services or Sites must be filed within one (1) year of such claim or cause of action arising or it be forever barred.

If you have a dispute with one or more of our Users, you hereby release PREKURE from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising from, or in any way connected with, such disputes.

 

Internet Service Provider Charges and Other Charges

PREKURE assumes no responsibility or liability for any mobile, cable, or other internet service provider (ISP) charges, including, but not limited to, data charges, long-distance charges, per-minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Services or the Sites. ISP and related disputes are strictly between you and your service provider. 

In the course of your usage of PREKURE Services, you may receive text messages in connection with such use. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for the texts you receive, and PREKURE assumes no responsibility or liability for any such charges.

 

Our Communication with You

Subject to providing your express consent as evidenced by your checking the option box during registration for our Services or Sites, you consent to receive (via email, or through the Services or Sites) communications from us regarding your use of the Services and Sites. Furthermore, you additionally authorize us to send you other communications, newsletters, or offers regarding third-party products and services. If you do not opt-in to receive such communications, the remainder of the Terms of Use shall continue to apply for your use of our Services and Sites.

Student Enrollment Agreement

This Student Enrollment Agreement is between PREKURE and yourself and outlines the expectations and responsibilities of both parties. This agreement should be read in conjunction with PREKURE’s terms and conditions

1. Enrollment Details

1.1 Program: You will be enrolled in the Program you have added to your cart.
1.2 Start Date: Your start date will be the date you purchased your Program.
1.3 Expected Graduation Date: Your expected graduation date will be between 12-24 month from your start date, depending on which program you have enrolled in.

Your program requirements are outlined in full in your program handbook. You must meet all program requirements in order to graduate from your program of study. 

2. Tuition and Fees

2.1 You agree to pay all applicable tuition fees and other charges as determined by PREKURE for the program of study.
2.2 Payment Schedule: The payment schedule will be discussed and agreed upon at enrolment with the designated PREKURE sales representative. Changes to this schedule must be agreed in writing by both parties.
2.3 Payment of Fees: You acknowledge that failure to adhere to the agreed payment schedule may result in PREKURE revoking access to your program of study and/or withholding any qualifications until fees are paid.
2.4 Refund Policy: You have read and agreed to PREKURE’s refund policy. You understand that beyond 90 days of your purchase you are not eligible for any refund of fees.
2.5 Putting your payments on hold: You may apply to put your payment plan on hold for extenuating circumstances for up to 3 months. PREKURE reserves the right to approve/decline your application and you may incur administrative fees associated with this hold.

3. Academic Responsibility

3.1 Attendance: You agree to attend all scheduled live labs and complete all program requirements as outlined in the online learning platform. Not attending all live labs may prevent you from graduating and receiving your qualification. We understand flexibility is needed in certain circumstances and will work with you personally if extenuating circumstances arise.
3.2 Academic Performance: You acknowledge that satisfactory academic performance is necessary to maintain enrollment in the program.
3.3 Assessments: You acknowledge that you must adhere to the assessment expectations as outlined in the Program. If you are unable to complete the assessment requirements within the program timeframe, you must apply for an extension. PREKURE reserves the right to charge administrative fees for extensions and cohort transfers.

4. Appropriate conduct

4.1 Student Conduct: You agree to follow PREKURE’s academic policies and regulations, including engaging in appropriate behavior and adhering to PREKURE’s substance use policy.
4.2 Learning engagement: You agree to attend and actively participate in live labs. You agree to give these labs your full attention and dedication and not be engaged in other activities during these live labs. You understand that engagement means having your camera switched on for the duration of the lab and engaging in any breakout room coaching activities with peers.
4.3 Code of conduct: PREKURE coach trainees are expected to conduct themselves in accordance with the HCANZA (Health Coaches Australia & New Zealand) Association Code of Conduct.
4.4 Failure to comply: PREKURE reserves the right to take reasonable disciplinary action and in appropriate circumstances terminate your enrolment at any time if you do not comply with the appropriate conduct expectations as outlined in this agreement.

5. Confidentiality and Privacy

5.1 Privacy: PREKURE will handle your personal information in accordance with applicable data protection laws and its privacy policy.
5.2 Live Labs and Confidentiality: All PREKURE live labs are interactive, involving coaching and role-playing as the client. Personal and sensitive information may be shared during these sessions. Students are encouraged to share what they are comfortable with. All coaching discussions and personal information shared must be treated as strictly confidential. You shall not disclose any personal information shared during the labs, consistent with the International Coaching Federation code of ethics.
5.3 Artificial intelligence and Chatbots: Given the confidential nature of coaching labs and gyms you agree to disable any chatbot extensions on your personal computer prior to entering these spaces. Failure to do so may result in appropriate disciplinary action.

6. Course Material

6.1 Access: You have access to your course materials for 12/24 months from the date of enrolment (dependent on your program of study). Enrolment becomes official immediately on completion of purchase, not the date of your first live lab.
6.2 Use of materials: PREKURE reserves the rights to all course materials contained in your program of study. You may not distribute these materials.

7. Termination, Withdrawal, Cohort Transfers and Extensions

7.1 Termination by PREKURE: PREKURE may terminate this agreement and your enrolment immediately by written notice to you if:

a. You breach this Student Enrolment Agreement (including our General Terms and Conditions);

b. You breach PREKURE’s policies or regulations;

c. You fail to adhere to the agreed payment schedule;

d. You behave or conduct yourself in a way or take any action that, in PREKURE’s reasonable opinion, poses a risk to PREKURE’s business or reputation.


7.2 Voluntary Withdrawal: You may voluntarily withdraw from the program by providing written notice to PREKURE, subject to PREKURE’s refund policy.
7.3 Transferring cohorts: You may apply for up to one transfer to another cohort due to extenuating circumstances. This application must be in writing in accordance with PREKURE’s transfer policy. All transfers are subject to approval by PREKURE and must be accompanied by appropriate evidence. Additional transfers may incur a $500.00 administrative fee.
7.4 Extensions: Each student is entitled to up to one extension. You may apply for an extension (to your course access and/or to complete your program assessment) due to extenuating circumstances. This application must be in writing in accordance with PREKURE’s extension policy. All extensions are subject to approval by PREKURE and must be accompanied by appropriate evidence. Additional extensions may incur a $150.00 administrative fee. For more information on PREKURE’s extension policy, click here.
7.5 In the event of termination of this agreement or your withdrawal from the program, you must delete, destroy or return to PREKURE any Content provided to you as part of the program unless that Content has been explicitly provided for your ongoing use.

8. Minimum Technical Requirements

8.1 Reliable computer and internet access: You agree that you have access to a reliable computer/laptop and internet connection to participate in the online learning and live labs.
8.2 Language requirements: You understand that PREKURE’s programs are delivered in English and agree that you have the required proficiency to read and understand English at a level 5+ NZQA level.

9. Fitness to practice

9.1 You acknowledge and agree that participation in health coaching training requires a level of emotional and psychological fitness to ensure the wellbeing of yourself, your fellow peers and potential future clients. PREKURE reserves the right to assess and evaluate the fitness to practise of each student prior to acceptance into the training program and throughout the duration of the program.

9.2 You agree to inform PREKURE promptly if, at any point during your application for the training program, or during training, you experience any physical or mental health issues that may affect your ability to engage in your program of study. PREKURE may request that you provide relevant medical or psychological documentation, at the discretion of the PREKURE.

9.3 In the event that PREKURE determines, in its sole discretion, that your mental or emotional condition poses a risk to your own well-being or the well-being of others, PREKURE may take appropriate action, including but not limited to recommending a leave of absence, additional supervision, asking you to undergo a psychological assessment and clearance to practise from a suitably qualified and experienced health professional, or termination from the training program.  You are not required to undergo a psychological assessment, however, if you did not agree to this PREKURE may take this into account when assessing whether you are able to continue the training and qualify as a mental health coach.

9.4 By enrolling in any of PREKURE’s training programs, you acknowledge that you have read, understood, had the opportunity to ask questions and have agreed to comply with the fitness to practise requirements outlined in this clause.    I understand that by signing this document that should I become a PREKURE mental health coach trainee I will be held to this expectation. 

9.5 PREKURE retains the right to withhold brand marks and qualifications if they have developed safety concerns or determine that you are unsuitable to practice. PREKURE may, as they see fit, notify third parties including health authorities, regulators and relevant industry bodies of your fitness to practise status, including information about you and your practice, where that is considered necessary for reasons of safety.