This is one of the most important documents you will use in your business as it describes all the rules around clients buying products or services from you such as bookings, payment, cancellation, refunds, guarantees and warranties. It also contains clauses that protect your intellectual property, and limit your liability if things go wrong.

• Health practitioners in New Zealand selling health related services and/ or products either online, in a clinic , or a combination of online and in clinic.
• Best suited to sole traders and small to medium sized health and wellness businesses with simple offerings i.e. sale of certain products, and consultation services or mix of both.

If you sell goods and services, then yes you need it. If you sell goods and services online then it is a legal requirement to have terms and conditions available on your website.

Benefits of having terms of sale:

• Sets clear rules for clients purchasing goods and services from you.
• Establishes clear boundaries for your clients.
• Protects you from certain legal risk and limits your liability to your clients if something goes wrong.
• Complies the clauses necessary to comply with New Zealand Consumer Law.
• Makes you look professional.

• Client responsibilities ie to show up for consultations, provide notice for cancellation, complete intake forms etc
• Fees and payment terms
• Warranties and consumer guarantees – important legal wording you are required to have in your terms
• Limitation of liability – limits your liability to your client if things go wrong.
• Orders, Cancellations & Refunds
• Intellectual Property
• Confidentiality
• Dispute Resolution
• Medical disclaimer
• Customisable terms for Services you offer such as consultations, testing, programs and courses
• Customisable terms for Products you sell such as supplements, e-books, meals plans etc.

Website Terms of Use sets out the rules for people visiting and accessing your website, regardless of whether they buy anything from you. Terms of Sale on the other hand, outline all the rules of purchase including bookings, cancellations, payments, refunds and warranties, indemnities.

Often you will see Terms of Sale and Website Terms of Use combined into one document. We believe it is better practice to keep these two documents separate – one set of rules for visitors, and one set of rules for purchasers/clients.

On your website (if people can buy products and/ or services directly from your website) -usually in the footer along with website terms of use and privacy policy. If you sell goods and services at a bricks and mortar location (clinic etc) then provide a copy at time of booking or point of sale. It is important clients have access to your Terms of Sale prior to purchase and if possible get them to sign it, or if online, tick a box to say they have read and understood it.

This template adheres to New Zealand law and is therefore suitable for those doing business in New Zealand. While similar principles may apply in your jurisdiction, please consult with a lawyer qualified in your jurisdiction.

Yes. It is drafted by qualified New Zealand lawyers and is legally binding.

Word.doc

All our templates come with instructions on how to complete them. You complete the highlighted text in the template in order to personalise to suit your business needs, then you save, delete any explanatory comments in the template, remove any remaining highlight and you are ready to use it. Feel free to add your branding and logo. We think your legals should fit seamlessly into your business branding.

Approx. 15-30 mins depending on the complexity of your offerings.