Terms And Conditions Of Trade

Introduction

These Terms and Conditions of Trade (Terms) apply each time you purchase Goods and Services from Rachel Christensen or entities associated with Rachel Christensen (the Business, we, us) unless we agree otherwise in writing.

By purchasing Goods and Services from us, you accept these Terms and agree that these Terms will apply to the supply of all Goods and Services by us to you from time to time.

We may vary, update or replace these Terms by publishing any variations, updates or replacements on the Website. Changes take effect from the date of publication and apply only to orders placed after that date, unless a change is required by law.

All varied, updated or replaced Terms published by us will take effect from the date of publication and will apply only to orders placed after that date. For ongoing or recurring services, we will give you at least 14 Working Days’ notice of any material change that is likely to disadvantage you. If you do not agree to a notified material change, you may cancel the affected service before the change takes effect and we will provide a pro‑rata refund of any pre‑paid amounts for the period after cancellation.

Interpretation

In these Terms (unless the context requires otherwise):

  • Code means the Health Information Privacy Code 2020;
  • Consumer Law means the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, and all related regulations and codes of practice;
  • Goods and Services means any goods and/or services supplied by us to you including without limitation any e-course content and/or coaching sessions offered by us;
  • GST means New Zealand goods and services tax, payable in accordance with the New Zealand Goods and Services Tax Act 1985;
  • Health Information includes information about the health of an individual as defined in the Code;
  • Liability means all costs, claims, demands, damages, expenses, losses and liabilities of whatsoever nature including any third-party claims;
  • Order means any request from you to us for the provision of Goods and Services, including any request made through our Website which is subject to acceptance by us;
  • Personal Information means identifiable information in relation to an individual;
  • Website means the website located at URL www.rachelchristensenofficial.com;
  • Working Day means any day other than a Saturday, Sunday or a public holiday observed in Auckland, New Zealand.

Offer and Acceptance of Orders

  • Advertising and Information: Any advertising or information relating to our Goods and Services and contained on our Website or provided at one of our masterclasses, constitutes an invitation to treat only, and is not an offer to supply any Goods or Services.
  • Offer to Purchase: When you place an order with us to purchase Goods or Services, you are making an offer to purchase Goods or Services in accordance with these Terms.
  • Acceptance of Orders: We may choose to accept your order by arranging for the processing of your payment and the delivery of the Goods and/or Services.
  • Orders and Purchases: Orders may be placed through our Website or through authorised third-party platforms, including but not limited to course platforms, checkout software, payment processors, or other sales channels we use from time to time (such as Kajabi or similar platforms). By purchasing through any of these platforms, you agree to provide accurate and complete information, including payment details, and to complete the checkout process as required by that platform. Once your purchase is completed, you will receive confirmation of your order via the platform used or via email. This confirmation constitutes acceptance of your order and forms a legally binding agreement. By electronically accepting these Terms, completing checkout, or submitting payment, you agree that such actions constitute a legally binding agreement equivalent to a handwritten signature.
  • Digital Product Access & Lifetime: Where you purchase digital products, courses or online materials, you are granted access for the lifetime of the specific product purchased. “Lifetime access” refers to the lifetime of the product offering and not a guarantee of perpetual or unlimited access. We will not make any material reduction to core features of a product without giving at least 30 days’ notice. If a product is discontinued, we will make reasonable efforts to provide continued access for a minimum of 30 days and either provide downloadable materials (where applicable) or, where continued access cannot reasonably be maintained, a pro‑rata refund of any pre‑paid fees for the remaining access period.
  • Product Updates vs New Products: Your purchase includes access to updates, improvements, and additions made to the original product. However, we may release new programs, versions, or restructured offerings that are considered separate products. These are not included in your original purchase and may require additional payment.
  • Technology Requirements: You are responsible for ensuring you have the necessary technology, internet connection, software, and device capability to access our products and services. We are not responsible for any inability to access content due to your personal technical limitations, device incompatibility, or internet issues.
  • Payment Plans: Where a payment plan is offered, you agree to complete all payments in full in accordance with the agreed schedule. You are not entitled to cancel or terminate a payment plan once entered into, regardless of usage, participation, or satisfaction, except as required by applicable law. Failure to make payments may result in suspension or termination of access and may be referred to debt collection. For subscriptions or other ongoing services, you may cancel on at least 5 Working Days’ notice and cancellation takes effect from the next billing cycle (access continues until then). For payment plans for products delivered upfront, cancellation will not relieve you of amounts already due for content delivered. We may suspend access for non‑payment after giving reasonable notice.
  • Failed Payments: If a payment fails, we may: (a) attempt to contact you via email; (b) attempt to process the payment up to 3 additional times; (c) suspend your access if payment is not received within 15 days; and (d) charge a US$25 failed payment administrative fee (where permitted by law). We will not charge an administrative fee where the failure is due to our error. We may charge a reasonable administrative fee limited to our actual third‑party costs (for example, card network or bank charges) per failed transaction.
  • Chargebacks: If you initiate a chargeback or payment dispute through your bank or payment processor without first contacting us to resolve the issue, we may take the following steps: (a) temporarily suspend access only to the disputed product or Service while the dispute is investigated; (b) liaise with you and the payment provider to seek a timely resolution; (c) pursue collection of the disputed amount plus administrative fees and legal costs; (d) if the dispute is resolved in our favour, require you to reimburse any chargeback fees charged by the payment processor; (e) deny you future access to the Goods and Services.  If a chargeback is filed and later reversed in our favour, you will be responsible for any chargeback fees charged by the payment processor.
  • International Orders: International orders will be processed in United States Dollars (US $). If you order Goods for delivery outside New Zealand, the Goods may be subject to additional import duties, taxes, or fees, including Value-Added Tax (VAT) or Goods and Services Tax (GST), depending on the laws of the destination country. These charges are levied when the delivery reaches its final destination and are the responsibility of the purchaser. We do not collect or remit VAT, GST, or other local taxes for international orders unless required by law. You are advised to check with your local customs office to determine what additional costs, if any, may apply before placing an order.
  • Payment Methods: For orders placed on our Website, you may pay online using Visa, MasterCard, or Gift Cards. Additional payment methods, such as Account-to-Account transfers, POLi, or other options, may be available depending on your location or the services provided. Details of available payment methods will be displayed during the checkout process on our Website. We reserve the right to add, remove, or modify payment methods at any time. Please check the payment options available at the time of purchase.
  • Separate Service Terms: Where payment is made using any of the following payment methods, additional terms and conditions will apply: POLi, A2A.

Goods and Services

  • You acknowledge and understand that the Good and Services we offer are not intended as a substitute for medical or other professional advice, diagnosis or treatment.
  • We recommend that you should always seek prior medical advice prior to implementing any significant lifestyle changes that may affect your physical or mental wellbeing.
  • You acknowledge and understand that any advice we provide is given on a recommendation-only basis and you warrant to us that you will carry out your own research, seek your own third-party opinions and consult your own medical professional before acting on that advice.
  • We reserve the right to terminate any coaching relationship with immediate effect if the client engages in abusive, threatening, or unlawful conduct, breaches these Terms, displays inappropriate behaviour, misuses our content, or fails to adhere to agreed-upon responsibilities. In such cases, refunds will be issued only for unused sessions, if applicable.
  • Clients are expected to attend scheduled sessions on time, provide accurate and honest information, and actively participate in implementing agreed-upon strategies. Failure to meet these responsibilities may impact service delivery and outcomes.
  • Where access to a group, community, or shared space is provided as part of our services, you agree to engage respectfully and not to harass, harm, or disrupt other participants. We reserve the right to remove you from any community or group without refund if you breach these standards.
  • We offer a range of Goods and Services, including:
  1. Digital Products — including but not limited to online courses, templates, downloadable materials, and pre-recorded content.
  2. Coaching Services — including 1:1 coaching sessions, group coaching, programs, and mentorship.
  • You may not use any photographs, video, voice, likeness, or content from us — including appearances on video, social media, or public platforms — for the purpose of training, generating, or reproducing content through artificial intelligence (AI) or machine learning technologies. This includes, without limitation, deepfakes or synthetic media, voice replication or cloning, image generation or manipulation, AI model training datasets, and automated content creation systems. Any such use is strictly prohibited and may result in immediate termination of access, and legal action for violation of publicity rights, intellectual property infringement, misrepresentation, and statutory damages.
  • Any unauthorised use of our materials may result in immediate termination of access and may give rise to legal action.

These Terms apply to all purchases unless otherwise specified. Additional terms may apply to specific services (such as our Coaching Agreement). To the extent of any inconsistency between these Terms and any agreement between you and us (for example, a “Coaching Agreement”), the Coaching Agreement will prevail.

Refusal of Orders

  • Right to Refuse: We reserve the right to cancel or to refuse to fulfil any order or any part of an order for any reason.  Without limitation this may include:
  • Stock Availability:  where the Goods displayed on our Website, at our in-person marketplaces, or through authorised third-party platforms are no longer in stock;
  • Misdescription:  where there has been an error in the listing of the Goods (i.e. an incorrect price, image or description of Goods);
  • Commercial Resale:  where we believe the order has been placed for commercial purposes (i.e. any kind of commercial resale);
  • Fraud:  where we believe an order may have been placed fraudulently, including where we believe there may have been credit card or payment related fraud; and
  • Item Limits:  where the quantity of Goods ordered (whether in a single or multiple transaction) exceeds our quantity or discount limits for those Goods. We may set quantity or discount limits as we see fit and will publish those in relation to the Goods affected.
  • Non-supply:  If we cancel your order or are unable to supply the Goods or Services requested, we will process a refund to the value of the non-supplied Goods or Services and attempt to notify you to confirm the refund.

Refunds

  • Due to the nature of digital products, access is typically granted immediately upon purchase. By purchasing, you acknowledge that you may begin using the product immediately and therefore waive any right to a refund where permitted by law. 
  • If you experience a genuine technical issue preventing access, please contact us at info@rachelchristensen.com within (7) days. We will take reasonable steps to resolve the issue or restore access where applicable. Workshops: Workshops are non-refundable. However, you may transfer your booking to another participant with prior written approval at least 48 hours before the workshop date. Any cancellations within 48 hours are non-refundable, except where required by law or where we cancel or materially reschedule the workshop and cannot attend. You
  • Refunds: Subject to, and to the fullest extent permitted by, law, payment of refunds or partial refunds will be at our discretion, and (without limitation) no refunds or partial refunds will be available in the event you are dissatisfied with the Goods or the Services, you do not use the Goods or Services, or you change your mind about acquiring the Goods and Services. We will provide refunds where required under the Consumer Guarantees Act 1993 and will consider refunds where: (a) Goods or Services are not as described, defective, or not delivered; (b) we cancel or materially change a workshop or service; or (c) otherwise as we may agree acting reasonably. 
  • Consumer Guarantees Act: These Terms do not limit any consumer rights available to you under the Consumer Guarantees Act 1993 (including in relation to faulty products) which are unable to be excluded by law.

Delivery and Shipping

  • Delivery: Estimated delivery times will be provided at checkout and may vary depending on the destination and courier service. We strive to process and ship orders promptly, but delivery times are not guaranteed.
  • Delivery Costs: Shipping fees will be calculated at checkout and will depend on the destination, size, and weight of your order. Any additional taxes, customs duties, or fees applicable to your destination will be your responsibility to pay.
  • Tracking: Where available, tracking details will be provided to you upon shipment to monitor the progress of your delivery.
  • Failed Deliveries: If an order cannot be delivered due to incorrect address details or failure to collect the parcel, you may be charged additional fees for redelivery.
  • International Orders: We note that international orders may be subject to additional export / import tariffs, duties and/or taxes. We will advise you of these at the time of your order and you agree to indemnify us for any such additional costs incurred as a result of your shipping destination.

Pricing

  • Pricing: All prices for Goods or Services (whether displayed on our Website, through authorised third-party platforms, or as may otherwise be confirmed by us) are in United States Dollars (US $) and are inclusive of GST (unless otherwise stated).  
  • Accuracy: While we endeavour to ensure prices are accurate as at the time of publication, we do not provide any warranty as to the accuracy of any price, and reserve the right to correct any errors, inaccuracies or omissions or to change or update any price or other information without prior notice to you. 
  • Third Party Pricing Lag: Where we update prices, these updates may not be immediately reflected on third party product and price aggregator platforms (such as Google Shopping). You acknowledge that the price displayed on our Website, in-store, or through authorised third-party platforms, will prevail over any price provided by a third party product and price aggregator.
  • Additional Fees: All orders that require delivery are subject to additional delivery and shipping fees. Please see our Delivery and Shipping terms above for further information.
  • Promotions: Goods advertised by us may be subject to discounts and promotions. Please see the terms and conditions attached to the discount or promotion or contact us for further information.

Website Processing and Payment

  • Process: When your order is submitted through our Website, your nominated payment method will be debited. Subject to these Terms and the successful debit of your nominated payment method, the Goods you have ordered from us will be prepared and despatched to your nominated shipping address.
  • Checks: Card transactions may be subject to fraud management checks, to help protect our customers and reduce our exposure to fraud. We may hold your order for approval before your order is confirmed. Your order will be accepted once we are satisfied the transaction can be confirmed as legitimate. We reserve the right to reject any order where you are unable to verify your payment method or do not respond to any of our reasonable concerns.
  • Payments: It is critical to us that your payment information is secure. We use a secure Hosted Payment page solution to process online orders. All payments made via our Website are processed in an SSL (Secure Socket Layer) environment where information is encrypted to protect your privacy.
  • Online Fraud: Despite our best attempts, you understand that by submitting your payment information online, and choosing to use one of our payment options, such information may be susceptible to fraud and/or misuse by unauthorised third parties. We shall not be liable for any loss, costs, damages or injury you suffer as a result of your choice of payment option and your use of our online payment systems. Submitting payment information online may carry a risk of unauthorised access by third parties. To the extent permitted by law, we are not liable for losses arising from your chosen payment option or use of online payment systems except to the extent caused by our failure to comply with applicable law or by our negligence. Nothing in these Terms limits rights that cannot lawfully be excluded.

Product Information

  • Product Specifications: All product dimensions and specifications relating to Goods sold by us are approximate only.
  • Stock Availability: Goods are subject to availability. We take all reasonable steps to provide accurate stock availability information on our Website, however we do not guarantee that Goods classified as “in stock” will be available to purchase online.
  • Website Disclaimers: Please read our website disclaimers in our Website Terms of Use carefully as they apply to any Goods purchased under these Terms from our Website.

Intellectual Property

  • Prohibition on Use: You are not permitted to copy, reproduce, alter, modify, create derivative works, publicly display, broadcast or stream any of our content without our prior express written permission. You may not create and/or publish your own website that features our content (e.g. our Goods, prices, content or product listings) without our prior written permission. You may not extract and/or utilise parts of the content of our Website and in particular, you may not utilise any data mining, robots or similar data gathering and extraction tools without our prior written permission.
  • Templates:  Any templates, tools, or materials provided during coaching sessions are our intellectual property. These materials are for personal use only and may not be copied, reproduced, distributed, or modified without our prior written consent.
  • All custom tools, templates, and digital resources provided as part of our coaching programs or e-courses are protected by copyright. You are prohibited from copying, redistributing, or using these materials for purposes outside of personal use without prior written consent.

Indemnity

  • Indemnity: You agree to indemnify and hold harmless us, our directors, employees, agents, contractors and affiliates, from and against any losses, indirect losses (including loss of profits), damages, costs, liabilities and expenses (including legal expenses), and any claim or demand made by any third-party due to, or arising out of, your breach of these Terms against third‑party claims and reasonable, direct losses arising from your breach of these Terms or unlawful acts. This indemnity does not cover indirect or consequential losses (including loss of profits) and recovery of legal costs is limited to reasonable costs actually incurred and, where applicable, as awarded by a court.

Liability

  • Warranties: Except to the extent required by law and as otherwise provided in these Terms, we provide no warranties to you in respect of the Goods or the Services.
  • Exclusion: To the maximum extent permitted by law, we, our directors, employees, agents, contractors and affiliates will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including (without limitation) lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from: (a) your use of our Website, our online store, or any Goods or Services purchased from us; (b) any damage caused to you or any third party as a result of our Goods or Services; (c) any damage or loss you suffer as a result of your reliance on any advice or information provided by us — we are not certified to provide medical advice and do not hold ourselves out as medical or clinical professionals; or (d) for any other claim related in any way to your use of our Website or any Goods or Services, including (but not limited to) any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Website or any Goods or Services.
  • Force Majeure: We will not be liable to you for any delay or non-performance of our obligations to the extent that such delay or non-performance is caused by an event or circumstance which is outside our reasonable control. Without limitation, we are not liable for delays, interruptions, or failures in delivering services caused by events outside our reasonable control, including but not limited to cyberattacks, platform outages, or digital service provider disruptions.
  • Limitation: To the maximum extent permitted by law, where we or any of our directors, employees, agents, contractors and affiliates are found liable to you for any reason notwithstanding these Terms, our maximum aggregate liability to you will be limited to the price paid by you for the relevant Goods and Services. You agree that in no circumstances will we be liable for any indirect losses, including, but not limited to loss of profits, emotional or physical losses, loss of revenue, reputation or goodwill in connection with the relevant Goods or Services total amounts you paid to us for those Goods or Services in the 12 months preceding the event giving rise to the liability. We do not exclude liability for rights that cannot be excluded by law, or for our fraud or wilful misconduct. 
  • Business Purpose: If you are acquiring Goods or Services from us for business purposes, the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 will not apply, but only where both parties are in trade, the exclusion is recorded in writing, and it is fair and reasonable in the circumstances and then to the extent permitted by law.
  • Consumer Guarantees Act: These exclusions do not affect any consumer rights which may not be excluded under the Consumer Guarantees Act 1993.

Privacy

  • The security of your Personal Information and your Health Information is important to us.
  • You agree that we may collect, hold, use and disclose Personal Information and Health Information provided by you for the purposes set out in our privacy policy available on our Website.
  • Where we hold Personal Information or Health Information, you have the right to request access to, and correction of, such information. Refer to the privacy policy above for more information.

Dispute Resolution

  • Notice: If a dispute, disagreement, question, difference or claim arises between the parties in connection with the Goods or Services (Dispute), either party may give the other written notice requiring that the Dispute be determined in accordance with this clause (Dispute Notice). All disputes must be resolved under the laws of New Zealand. Mediation and litigation will take place in New Zealand courts.
  • Negotiation: The parties agree to first negotiate in good faith for a period of 10 Working Days from the issue of a written Dispute Notice to resolve the Dispute. The Dispute Notice must outline the nature of the dispute, the outcome desired, and the actions the issuing party believes will resolve the Dispute. During this period, the parties shall meet (either in person or virtually) in New Zealand to discuss the Dispute and attempt to reach a mutually agreeable resolution.
  • Escalation: If the Dispute remains unresolved after the 10 Working Day negotiation period, the parties agree to refer the matter to mediation before pursuing litigation. The mediation will take place in New Zealand and must be conducted within 20 Working Days from the end of the negotiation period, unless the parties agree otherwise. The parties will jointly select a mediator. If the parties cannot agree on a mediator within 5 Working Days, either party may request the appointment of a mediator by a recognised mediation organisation in New Zealand. The parties will share the mediator’s fees equally, and each party will bear its own costs of participating in the mediation. If the mediation is unsuccessful or one party refuses to participate, either party may escalate the matter to litigation in a Court of competent jurisdiction in New Zealand.
  • Obligation to continue to perform: Notwithstanding the existence of a Dispute, each party will continue to perform its obligations under these Terms.
  • Urgent relief: Nothing in these Terms will prevent either party seeking any order or relief by way of injunction or declaration or other equitable or statutory remedy against the other party where such party reasonably believes such order or relief is necessary for the urgent protection of its rights or property.

Contact Information

  • Contact Us: We are committed to helping you have a safe and enjoyable online experience. Should you have any questions or feedback, please feel free to contact us:  Email: info@rachelchristensen.com.

General

  • International Users: Our Website is operated by us from New Zealand. The information on the Website may not be appropriate or available for use in other jurisdictions. If you choose to access our Website from a jurisdiction other than New Zealand, you acknowledge that the products purchased by you may not comply with consumer laws in your country and we will not be responsible for compliance with any applicable laws of that jurisdiction.
  • Severability: If any provision of these Terms is held by any court to be illegal, void or unenforceable, such determination will not affect the enforceability of the remaining provisions of these Terms.
  • No Waiver: Any failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
  • Enforceability: If any part of these Terms are held to be unenforceable, the part concerned will be deleted or modified to the minimum possible extent necessary to enable these Terms to remain enforceable.
  • Enforcement Costs: You will reimburse us for all costs and expenses (including legal fees) incurred by us in exercising any of our rights under these Terms and our reasonable costs properly incurred in enforcing undisputed amounts owed under these Terms, to the extent such costs are recoverable by law (including where awarded by a court) or agreed with you.
  • Governing law: Each order of Goods and Services will be governed by the laws of New Zealand and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the New Zealand courts.