Terms and Conditions
Hands on Group Ltd – TERMS OF TRADE
These terms and conditions (“Terms”) are applicable to all interactions
between you (“Client”) and the Hands on Group Limited. (NZ)
1.1 In these Terms, the following words have the following meanings:
Price means the price of the Services and (where applicable) the Products ordered
in connection with the Services or otherwise.
Products means Kinesio Tape products provided or to be provided to the Client by
Hands on group.
Services means the consultations, assessments, treatments will be provided by
Hands on group practitioner.
Terms means these terms of trade, as amended from time to time.
2.1 Hands on group agrees to provide the Products and Services and the Client
agrees to pay the Price in accordance with these Terms.
3. Price and Payment
3.1 Payment is payable to Hands on group for all Products and Services supplied.
(a) Payment by electronic banking, EFTPOS, or credit card immediately upon the
conclusion of each appointment.
(b) In instances where the Client requires an invoice, Hands on group ltd will email
(a) An invoice will be issued by the Hands on group for the Price of the Product at
the time the Client places an order for the Product. The issue of the invoice shall also
be treated as confirmation of the order placed by the Client. The invoice shall be
payable as follows:
(i) by electronic banking, EFTPOS, or credit card immediately upon the conclusion of
the appointment with the Client by Hands on group practitioner.
4. Consequences of non-payment
4.1 If the Client (or relevant third party as applicable) fails to pay any monies in
accordance with these Terms, the Hands on group may (without prejudice and in
addition to any other remedies available to it):
(a) Charge interest on all overdue amounts at a rate of 10% per annum calculated
daily until it is received in full.
(b) Recover from the Client any damage, losses, costs, and expenses (including
legal costs between solicitor and client) and debt collection fees incurred by it in
connection with the recovery of an overdue debt.
(c) Suspend or cancel the provision of any further Products or Services to the Client.
(d) Terminate these Terms in accordance with clause 12.
5. Cancellation of Products or Services
5.1 The Client must give:
(a) No less than 24 hours’ notice of their cancellation of an appointment for a
Service, either by telephone or email to Hands on group ltd. Failure to notify within
that time frame will result in a cancellation fee equivalent to the Price for the Service;
(b) No less than 24 hours’ notice from the placement by the Client of an order for
Product, of the cancellation (or change to) any Product order, such notice to be given
by email or otherwise in writing to Hands on group ltd. Failure to notify within that
time frame will result in the Client being liable for the payment of the balance of the
Price for the Product.
6. Product orders and recalls
6.1 Where a Product is required to be sourced from a third-party, Hands on group
will use its reasonable endeavors to source and supply the Product but cannot
6.2 The Client agrees and acknowledges that Hands on group may be unable to
source Products from third party manufacturers or suppliers from time to time. In
such cases, Hands on group will notify the Client in respect of substitute Products
6.3 In the event of a Product recall, Hands on group will notify the Client as soon as
reasonably practicable on the details of the recall and actions to be taken.
7. Delivery, title, and risk
7.1 Except as set out in clause 7.2, title to and risk in the Product will pass to the
Client once the Product has been delivered to the Client by Hands on group.
7.2 The parties may agree from time to time that Hands on group will deliver or
arrange for the delivery of Products to the Client. Title and risk in the Product will
pass to the Client upon delivery of the Products to the address provided by the Client
to Hands on group. The Client will be responsible for all charges incurred in the
delivery of the Products.
8. Consumer legislation
9. To avoid doubt, the parties agree that these Terms do not constitute a “consumer
credit contract” as defined in the Credit Contracts and Consumer Finance Act 1993.
9.1 Subject to the guarantees provided under the Consumer Guarantees Act 1993,
to the maximum extent permitted by law, Hands on group provides no other
warranties, representations or guarantees (either express or implied) regarding the
Products or Services, or the results to be achieved from the use of the Products or
10. Confidential Information
10.1 All intellectual property and other information which by its nature is intended to
be treated as confidential will be confidential information for the purposes of these
Terms. Unless expressly provided for under these Terms, no party will disclose any
confidential information to any third party without obtaining prior consent.
11.1 The Client agrees to Hands on group collecting, storing, using and disclosing their personal information (including health information) for purposes related to Hands on group dealing with the Client (including but not limited to the purposes of the supply of Products and Services).
11.2 The Client authorises Hands on group to access, obtain from and disclose their personal information (including health information) to third parties including but not limited to Accident Compensation Corporation, Ministry of Health, insurance providers, Product manufacturers and suppliers and healthcare agencies in connection with the provision of the Products or Services.
11.3 Hands on group will comply with the provisions of the Privacy Act 1993 and the Health Information Privacy Code 1994. The Client may at any time request access to and the correction of their personal information.
12.1 The parties may at any time mutually agree in writing to terminate these Terms.
12.2 If the Client fails to pay any monies owing, becomes insolvent, bankrupt or is
otherwise in breach of these Terms, Hands on group may (without prejudice to any
other remedies available to it) notify the Client of the breach and, if the breach is
capable of being remedied, the requirement to remedy. In the event of failure to
remedy the breach within 10 working days of the notice, Hands on group may
(without prejudice to any other remedies available to it) suspend the provision of
further Products and/or Services or terminate these Terms.
12.3 Termination or expiration of these Terms will not affect the rights and
obligations of the parties accruing prior to termination or expiration or those rights
and obligations intended to survive the termination or expiration. Any outstanding
monies on termination will immediately fall due and payable to Hands on group.
13. Limitation of liability
13.1 To the maximum extent permitted by law:
(a) Hands on group liability (whether at law, in contract or otherwise) in connection
with the Products and the Services or otherwise under these Terms is limited to its
liability or obligations under the Consumer Guarantees Act 1993 and shall not in any
event exceed the Price payable by the Client for the Product or Service to which the
(b) Hands on group will not be liable to the Client for any special, indirect, or
consequential loss or damage suffered or incurred by the Client in connection with
the Products or the Services or otherwise under these Terms.
13.2 Hands on group will not be liable for any advice, information or instructions
provided by third parties (including without limitation medical practitioners and other
healthcare specialists) in respect of the Products or Services.
14. General Provisions
14.1 Assignment: The rights and/or obligations under these Terms may be
assigned or novated by Hands on group to any person. The Client may only assign
its rights and/or obligations under these Terms with the prior consent in writing of
Hands on group.
14.2 Subcontracting: Hands on group may subcontract any of its obligations in respect of the manufacture and supply of the Products to third parties but shall remain liable to the Client for the performance of its obligations under these Terms.
14.3 Relationship: These Terms do not create any relationship of partnership, agency, employment or joint venture between the Client and Hands on group.
14.4 Severability: If any part or provision of these Terms are held to be invalid, illegal or unenforceable for any reason, that part or provision will be deemed to be deleted from these Terms and the remainder of these Terms will continue in full force and effect.
14.5 Waiver: A failure, delay, or indulgence by any party in exercising any power or right will not operate as a waiver of that power or right, unless in writing.
14.6 Force Majeure: Hands on group will not be liable for any delay or failure in the performance of any of the obligations imposed by these Terms, provided that the failure is beyond the reasonable control of Hands on group. This clause does not excuse the consequences of insolvency, financial difficulty, or the non-payment of monies due.
14.7 Variation: Hands on group may from time to time amend these Terms by posting the amended Terms on its website located at www.handsongroup.co.nz or otherwise notifying the Client in writing. The amended Terms will be effective immediately when posted on the website or when notified to the Client in writing (as applicable) and the Client’s continued use of the Services and Products will constitute their agreement to the amended Terms.
14.8 Notices: Notices under these Terms will be sufficiently given if posted or successfully transmitted by email to the intended recipient at their last known address. The Client will notify Hands on group of any change to their notification details.
14.9 Entire Agreement: These Terms constitute the entire agreement and understanding between the parties in relation to the provision of the Products and Services and supersede all prior discussions and agreements covering the subject matter of these Terms.