Terms and Conditions
Terms and Conditions Date of Last Update: 04 March 2025 We offer access to and/or use of: this website www.wearethecyclist.com any of related social media accounts @wearethecyclist podcast The Cyclist Podcast including all information, tools and services offered or promoted on the same (together the “Sites”) to all user of the Sites, whether an individual or an entity, conditioned on the acceptance of all following terms and conditions (“terms”) including those additional terms and conditions, policy, notices and/or hyperlinks referenced therein. Where we refer to “users” or “you”, it includes without limitation, users of the Sites who are browsers, vendors, customers, merchants and/or contributors of content. The Sites are each owned and operated by Douglas Pharmaceuticals Limited trading as the Cyclist (“we”, “us” and “our”), hosted via different hosting platforms as applicable. Please read these terms carefully before accessing, using, visiting and/or viewing our Sites and/or purchasing something from us, as by doing so, you are engaging in our “services”, and your continued use of the Sites or services constitutes your acceptance of the terms. If you do not agree to be bound by these terms at any point, you must stop accessing, using, visiting, viewing our Sites and/or using our services. If these terms are considered an offer, acceptance is expressly limited to these terms. Any features, tool, pages and/or any other information which is added to the Sites on or after the date of “Last Update” outlined above, shall also be subject to these terms and conditions. You can review the most current version of the terms at any time on this page. This website is hosted on a Framer B.V. platform, who provide us with the online website hosting services that allow us to bring you our website. By using our website, you agree to any terms, conditions or policies as may be applicable to you by Framer from time to time and agree that such terms and conditions are not set, controlled, implemented or varied by us. If you have any questions or concerns in relation to any of the Sites, our services or these terms, please contact us on hello@wearethecyclist.com Online Store – Purchase of Goods or Services From time to time, the Sites may offer goods or services for sale. By purchasing an item from us and/or visiting our Sites, you represent that you are least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. You may not use our products or services for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature to us or our Sites in any manner. A breach or violation of any of the terms will result in an immediate termination of your services. Subscription, marketing, registration and accounts
By subscribing to or signing up to any promotion, email, notification or campaign on our Sites, registering or opening an account with us on Sites (if any) or providing us your personal information, you consent to receiving marketing, promotional and any other material related to our Cyclist brand or any other brand owned by Douglas Pharmaceuticals Limited, by way of electronic messages from us, including but not limited to emails and/or texts. If usernames or passwords are required to access any part of the Sites, you will ensure that all usernames and passwords required to access our Sites are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security. You must not transfer your account to another user or maintain more than one account with us without our consent. We may, at our sole discretion, suspend or terminate your account with us and limit your access to our Sites. Where an account is necessary to utilize any part of our Sites and/or our services: You must enter information required to open an account by following the registration process set out on the Sites; and You must satisfy our other anti–money laundering checks and other registration criteria including undergoing verification checks to confirm your identity.] Users outside New Zealand Our Sites are operated by Douglas Pharmaceuticals Limited from New Zealand. The information on our Sites may not be appropriate or available for use in other jurisdictions. If you choose to access any of our Sites from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction. Intellectual Property Rights Our IP We, our suppliers and/or licensors own all proprietary and intellectual property rights in the Sites, the contents of our Sites and/or the content used in the provision or promotion of our services, including but not limited to all content, data, text, graphics, artwork, photographs, logos, icons, domain names, service marks, information design, sound recordings, video recordings, trade marks, trade names, business names and/or logos displayed on or contained in the Sites, as well as the look and feel of our Sites (“IP”). We reserve all rights in respect of the IP not otherwise granted to you. When using the Sites and/or services, we grant you a limited, non-exclusive, non-transferrable, revocable licence to access and use those platforms, tools or applications only as required for your use of the Sites and the service as expressly permitted by us. In using the Sites and/or the services, you agree not to: copy, distribute, modify or make derivative works of any of our IP or use any of our IP in a manner that violates these terms or in a way not expressly permitted by us; claim or register ownership of any of our IP on your behalf or on behalf of others distribute or copy any part of our Sites, services and/or IP for any commercial purpose, without our prior written consent; incorporate any material in or any part of our Sites, services and/or IP in any other work or publication (whether in hard copy, electronic or any other form), without our prior written consent; remove or alter any trade marks or logos that appear on any material on our Sites, our services and/or our IP. Your Content When using the Sites and/or services, you may be able to communicate, submit, upload or otherwise make available text, images, videos, audio materials or other content (Yor Content), which may be accessible and viewable by the public. You agree that Your Content will not be submitted or uploaded online if it is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity.
If you create, post, submit or contribute Your Content to our Sites and/or services, you agree that we, or anyone authorised by us, can use Your Content in any manner free of any obligation to you. This includes granting us or anyone authorised by us a perpetual, worldwide, non-exclusive, transferrable, irrevocable, unrestricted, royalty-free, fully paid-up license, with the right to: copy, distribute, modify, licence and exploit any of Your Content by any means and media now known or developed in the future, without payment or other consideration to you or any other person including use in advertising and/or promotion. Without limitation, the license granted by you to us shall permit us to: sublicense, use, reproduce, adapt, publish, translate, copy, perform, display and distribute Your Content, whether now known or hereafter developed; and/or sell, modify, create derivative works from and/or to incorporate Your Content into other works in any form, medium or technology, whether now known or hereafter developed in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you. You represent and warrant that any of Your Content submitted to us, (i) you are the owner of Your Content and are entitled to agree to these terms, (ii) you have the necessary rights, permissions and/or licences for any third party materials necessary for us to exploit the rights granted to us in Your Content, including without limitation, any and all intellectual property rights necessary to make disclose or license Your Content to us; and (iii) none of Your Content will be subject to any obligation, of confidence or otherwise, to you or any other person. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to Your Content against us or our licensees, distributors, agents, representatives and other authorised users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. We reserve the right to monitor, screen, post, remove, edit, store or review any of Your Content or communications published on or in connection with the Sites, at any time and for any reason, including to ensure that Your Content and any associated communication conforms to these terms, without prior notice to you. We are not responsible for, nor do we endorse or guarantee, the opinions, views, advice or recommendations of any of our users, including Your Content. Linking The contents of our Sites or emails which we send to you may include links to third party materials, for example, links to third party websites to purchase event tickets or recordings. We will not be responsible for the accuracy, content or thoroughness of any linked sites, or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsements, representations or warranties of it by us or any association with its operators. We reserve the right to prohibit links to our Sites and you agree to remove or cease any link on our request. Advertising Where there are advertising materials displayed on our Sites and you choose to engage with that advertising material, any such dealings between any advertiser that appears on our Sites and you, is solely between you and the advertiser or other third party. We are not responsible or liable for any part of any dealings or promotions. Disclaimer The information contained or published on our Sites, including but not limited to health-related content, professional directories, opinions, articles and third party contributions are provided for informational purposes only and are intended to be general in nature. The information or opinions provided by us, our guests or contributors: do not constitute and should not be viewed as medical, nursing, legal or other professional advice or recommendations; are not meant to be a substitute for professional medical advice or consultation with a qualified health provider; are not intended to diagnose, treat, cure, heal or prevent any health related problem, issue or disease; do not intend to prescribe you any type of medication or supplement; and do not constitute the forming of a doctor, patient or any other type of therapeutic or health care related relationship between you and us, or between you and any other party, including the healthcare professionals listed in our directories. Any reliance on the information provided on our Sites, including but not limited to interactions or engagements with healthcare professionals listed in the directories, is at your own risk. We do not endorse, guarantee, or assume responsibility for the services or treatment provided by any healthcare professional listed on our platform. All interactions, decisions, and agreements between you and healthcare professionals, or you and any other third party contributor, are solely between those parties. We are not liable for any errors, omissions, or outcomes that may arise from using this information or any services provided by healthcare professionals. We do not endorse or verify the qualifications or credentials, or expertise of any healthcare professional or third party contributor listed or referenced on the Sites.
While we strive to ensure the content provided on the Sites is reliable, accurate, and up-to-date, we do not make any representations or warranties that the information is reliable, accurate, complete, or that your access to such information will be uninterrupted, timely, or secure.
Always seek the advice of your physician or other qualified health care provider with any questions you have regarding a medical or health condition, and before undertaking any diet, dietary supplement, exercise, or other health program. We are not responsible for adverse events resulting from your use or reliance on any information contained on the Sites.
You should make your own inquiries and seek independent advice from relevant industry and/or health professionals before acting or relying on any information or material, which is made available to you.
Information and statements regarding dietary supplements or other products have not been evaluated by Medsafe or the Food and Drug Administration unless specifically stated
Where user reviews or endorsements are displayed on the Sites, they have been provided by real customers and are not intended to represent, warrant or guarantee your results or experience will be the same.
Privacy policy and personal information
Subscription, sign-ups, registration on our Sites and/or use of the services on our Sites may require you to provide us your personal information, including but not limited to your name, your contact details and any other relevant information that we request, and you agree to provide.
We maintain a privacy policy at Privacy. You consent to the release of your personal information to us and third parties in connection with the uses contemplated by the privacy policy. If you have questions or comments about our privacy policy, please contact us at: hello@wearethecyclist.com
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Sites or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Sites, in the service or on any related Sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
Prohibited Use
In addition to other prohibitions as set forth in these terms, you are prohibited from using the Sites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related Sites, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Exclusion of liability
To the fullest extent permitted by law, we exclude all liability for any loss or damage that results from your use of our Sites and any services we provide, including from all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of anticipated savings or loss of opportunity).
You acknowledge that the Consumer Guarantees Act 1993 (if any) or any equivalent consumer protection legislation will not apply where you are a consumer using our Sites for business activities or for purposes of a business.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnity
You agree to indemnify, defend and hold harmless, Douglas Pharmaceuticals Limited, and our affiliates, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Termination
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms, also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire agreement
These terms and conditions in conjunction with our privacy policy form the entire agreement between us and you relating to our Sites and your use of the services.
General provisions
A breach or violation of any of these terms will result in an immediate termination of your services.
We reserve the right to change, update or replace any part of these terms at any time by posting such changes, updates or replacements to our Sites. It is your responsibility to check this page periodically for changes. Your continued access or use to our Sites or of our services constitutes your acceptance of those changes.
If at any time we do not enforce any of these terms or conditions, or grant you time or any other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that, or any other, term or condition.
Further, if any part or provision of these terms and conditions is considered to be invalid, unenforceable or in conflict with the law, that part or provision is deemed to be modified by a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remaining terms and conditions will continue to be binding on the parties.
These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.