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Terms & Privacy Notices

1. Terms Of Use.

This website is provided Myovolt Limited. 'Myovolt' is a registered trademark solely owned by Myovolt Limited, Myovolt develops, supplies and manufactures wearable recovery technology and associated products and is a wearable technology brand for sports, fitness and wellness markets.

Your acceptance of these conditions of use.

The following Terms of Use are the basic terms and conditions that govern your use of this site. Please note that your use of this site constitutes your agreement to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, please exit this site immediately and do not use or purchase products from this site.

Questions concerning these conditions of use.

If you have any questions or concerns regarding these Terms of Use, please contact us by sending us an e-mail to info@myovolt.com or by writing to us at: Myovolt Limited, 3/254 St. Asaph Street, Christchurch 8011, New Zealand.

Effective date.

These Terms of Use are effective as of 1st January 2023.

Terms of use amendments.

We reserve the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version of these Terms of Use on this Site. These changes will be effective as of the date we post the revised version of these Terms of Use on this Site. Your use of this Site following any such change constitutes your agreement to be bound by the revised Terms of Use. You may access the current version of these Terms of Use at any time by clicking on the link marked "Terms of Use" on the bottom of each page of this Site.

Intellectual property and copyright.

This Site and all of its content, including, for example, all of the text, images, illustrations, graphics, audio clips, and video clips, are protected under trademark, trade dress, copyright and other intellectual property laws and all of the rights in the Site and its content are owned by Myovolt Limited.

Individual users of this Site are permitted to download copies of the information on this Site for personal, noncommercial use. This limited, revocable privilege to use the content in no way constitutes a transfer of any right, title or interest in the material you download. You may not, under any circumstances, (a) modify the information on this Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the any part of this Site or its content; or (c) remove any copyright, trademark registration, or other proprietary notices from the information. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as expressly provided above without first obtaining written permission from Myovolt. The use of any materials from this Site on any other website or networked computer environment is prohibited.

The trademarks and service marks used or displayed on this Site ("Trademarks") are registered and unregistered trademarks of Myovolt or third parties. Nothing on this Site may be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the site without the prior express written permission of Myovolt or the trademark owner. In particular, you may not use any Trademark displayed on this Site as a "hot" link without the prior written approval of the trademark owner.

Privacy notice.

Our Online Privacy Policy is part of and is incorporated in these Terms of Use. Please review the Privacy Policy declaration on this page in Section 2 below.

Comments, product reviews and other submissions.

We welcome your comments regarding this Site and encourage you to submit reviews of products you have used. Please note, however, any comments, feedback, suggestions, product reviews or other communications (collectively, "Comments") sent to us shall be and remain the exclusive property of Myovolt. Your submission of Comments will constitute an assignment to Myovolt of all worldwide rights, title and interests in all copyrights and other intellectual property rights in the Comments.

Myovolt will be entitled to copy, disclose, display or perform publicly, improve and modify any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Myovolt will also be entitled to reduce to practice, use, and improve upon any ideas or inventions that you submit to us in any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information, product ideas, inventions, or original artwork.

We reserve the right to edit reviews and other materials presented by users, but we do not take responsibility for the truth or accuracy of the Comments, nor do we take responsibility if the Comments we publish are deemed objectionable or offensive by certain individuals or entities. 

Accuracy of information.

Product Description. We cannot assure you all of the product information displayed on the Site is 100% accurate. The actual item should be considered the authoritative source of all information with respect to the item. If a product does not conform to its description on this Site, your sole remedy will be to return it to us in accordance with our Returns Policy.

Color. Colors are represented as realistically as possible, but color variations of product images are outside of our control because software, hardware and Internet connections can alter the appearance of colors. If you are unsatisfied with a product, your sole remedy will be to return it to us in accordance with our Returns Policy.

Corrections. The information published on this Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order). These errors, inaccuracies or omissions may be related to product description, pricing and availability. If we discover that pricing information posted on our Site is incorrect, we reserve the right not to fulfill orders at the incorrect price. We apologize for any inconvenience this may cause.

Information on this site is not medical advice.

Neither the information published on this Site, including product descriptions, nor the information provided on any product label or packaging are intended as a substitute for advice from your physician, physical therapist, or other healthcare professional. You should not use the information on this site or provided with any product for diagnosis or treatment of any health problem or for prescription of any therapy or other treatment. You should always speak with your physician or other healthcare professional before starting any diet or exercise program or before adopting any treatment for a health problem, or a suspected health problem of any kind.

Your account.

If you are under 18 you may not purchase a product or sign up to be a member of our site. You may use the site only with the approval and active involvement of a parent or guardian, who must purchase a product or become a member of our site for you.

You are responsible for maintaining the confidentiality of information that could be used to access your account such as username and password, and you agree to accept all responsibility for all activities performed using your username and password. Additionally, you are responsible for restricting access to your computer and not using public computers to access your account.

Risk of loss.

All items purchased through this site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Disclaimers.

This site is provided on an "as is," "as available" basis, without representations or warranties of any kind. To the fullest extent permitted by law, Myovolt limited disclaims any and all representations and warranties, whether express, implied, or statutory, with respect to this site, its contents, and the products and services made available through this site. Without limiting the generality of the foregoing, Myovolt disclaims all representations and warranties, express, implied or statutory, (a) of title, non-infringement, merchantability and fitness for a particular purpose; (b) with respect to any merchandise offered on this site (this disclaimer does not apply to any product warranty offered); (c) relating to the security of the site; (d) that the information on this site, including product descriptions, is accurate, complete or current or that this site will operate without interruption or error; or (e) that the content provided on this site is applicable or appropriate for use in locations outside of New Zealand.

Applicable law may not allow the limitation of warranties set forth above, so this limitation of warranties may not apply to you.

Limitation of liability.

Under no circumstances, shall Myovolt Limited, or any of its employees, directors, officers, agents, vendors or suppliers, be liable to you or any third party for any losses or damages arising out of or in connection with the use of or inability to use this site, any content published on this site (including product descriptions and reviews), or any products or services provided or purchased through this site. Your sole remedy if you are not satisfied with any product made available through this site is to return the product to us in accordance with our returns policy.

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether direct, indirect, general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether the claim is in
contract, tort (including negligence) or strict liability, even if an authorised representative of myovolt has been advised of or should have known of the possibility of such damages, and without regard to the effectiveness of other remedies.

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Myovolt under such circumstances for liabilities that otherwise would have been limited shall not exceed ten New Zealand dollars (NZD $10).

Links to websites operated by third parties.

This Site may provide links to web sites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their web sites. We do not assume any responsibility or liability for the actions, product, and content of any such web sites. Before you use any web site you should review the applicable terms of use and policies. The inclusion of a link in this Site does not imply our endorsement of the web site. If you decide to access linked third-party web sites, you do so at your own risk.

Interpretation.

As used in these Terms of Use, the term "including" means "including, but not limited to."

Waiver.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Myovolt of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Entire agreement.

These Terms of Use contains the entire understanding and agreement between you and Myovolt Limited with respect to your use of this Site, and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and Myovolt Limited with respect to this site.

2. Privacy & Data Protection Policy.

Information on the collection of personal data and contact details of the controller.


Thank you for visiting the Myovolt website and for your interest in our products. We respect your privacy and are committed to protecting it through our compliance with this policy. The purpose of this Privacy Notice is to inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified. This Privacy Policy also applies when you interact with us offline. For example, if you provide your contact information to us or interact with us at a trade show or other live event,


The controller in charge for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is:

Myovolt Limited, 3/254 St. Asaph Street, Christchurch, 8011,
New Zealand
Tel: +64 (0)27 361 2375
Email: info@myovolt.com 

The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.


This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.

We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy.  

This policy was last updated on 1st January 2023

Data collected when you visit our website.

When using our website for information only, i.e. if you do not register, buy a product or otherwise provide us with information, we only collect data that your browser transmits to our server (“server log files”). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:

  • Our visited website
  • Date and time at the moment of access
  • Amount of data sent in bytes
  • Source/reference from which you came to the page
  • Browser used
  • Operating system used
  • IP address used (if applicable: in anonymized form)

Data processing is carried out in accordance with Art. 6 (1) point of the GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.

Cookies.

In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie.

In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the content of a virtual shopping basket for a later visit to the website). If personal data are also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.

We work together with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). You will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following sections.

Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings.  

Please note that the functionality of our website may be limited if cookies are not accepted.

Data collected when you contact us.

When you contact us (e.g. via the contact form or by email), personal data is collected. The contact form collects your name and email address. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration.

The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided that there are no legal storage obligations to the contrary.

Data processing when opening a customer account and for contract processing.

Pursuant to Art. 6 (1) point b GDPR, personal data will continue to be collected and processed if you provide them to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. It is possible to delete your customer account at any time. This can be done by sending a message to the above-mentioned address of the controller.

We store and use the data provided by you for contract processing. After complete processing of the contract or deletion of your customer account, your data will be blocked in consideration of tax and commercial retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by our site, about which we will inform you accordingly below. 

Use of your data for directing advertising.

If you subscribe to our e-mail newsletter, we will send you regular information about our special offers. The only mandatory information for sending the newsletter is your e-mail address. We will not send you an e-mail newsletter unless you have expressly confirmed via our sign-up form or the check box on our check-out page. You may also sign-up to our newsletter when completing a paper form at an event or show.

When you register for the newsletter online, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration so that we can trace any possible misuse of your e-mail address at a later time. The data collected by us when registering for the newsletter will be used exclusively for the purpose of advertising by means of the newsletter. You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to us via the contact details provided.

After your cancellation, your e-mail address will immediately be deleted from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to use data in excess thereof, which is permitted by law and about which we inform you in this declaration.

Data processing for the purpose of order handling.


To process purchases you make online and deliver purchased products or services to you we need to collect certain personal information your provide to us. Your Contact Information including your name, home address, email address and phone number. Your Online Purchase Information including payment card information, purchase details and other transaction information.

The legal basis for collecting this information is so we can process the transactions requested by you and meet our contractual obligations to deliver the goods and services.

We work together with service providers who support us wholly or partially in the execution of concluded contracts. The personal data collected by us that details your Contact Information will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods.  

We will pass on your Online Purchase Information to the commissioned credit institution within the framework of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 (1) point b GDPR.


Use of Payment Service Providers

– Braintree – A service of PayPal Pte Ltd
If you choose payment via Debit/Credit card method the payment is processed by the service provider Braintree, to whom we send your order information (name, address, payment card details, invoice amount, currency and transaction number) in accordance with Art. 6 (1) point b GDPR. Your data will only be passed on for the purpose of payment processing with the payment service provider Braintree and only to the extent necessary.

– Paypal
When paying via PayPal, credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “payment by instalments” via PayPal, we transmit your payment data to PayPal Pte Ltd. The transfer takes place in accordance with Art. 6 (1) point b GDPR and only insofar as this is necessary for payment processing.

PayPal reserves the right to carry out credit checks for the payment methods credit card via PayPal, direct debit via PayPal or, if offered, “purchase on account” or “payment by installments” via PayPal. For this purpose, your payment data may be passed on to credit agencies on the basis of PayPal’s legitimate interest in determining your solvency pursuant to Art. 6 (1) point f GDPR. PayPal uses the result of the credit assessment in relation to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report can contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on recognized scientific, mathematical-statistical methods. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including the credit agencies used, please refer to PayPal’s data protection declaration. You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing.

Use of videos.

This website uses the Vimeo embedding function for display and playback of videos offered by the provider Vimeo, 555 West 18th Street New York, NY 10011 United States.

To this end, the extended data protection mode is used to ensure, according to provider information, that user information will only be stored once the playback function of the video is started. When the playback of embedded Vimeo videos is started, the provider sets “YouTube” cookies in order to collect information about user behavior. According to indications from Vimeo, the use of those cookies is intended, among other things, to record video statistics, to improve user-friendliness and to avoid improper actions. If you are logged in to Google, your information will be directly associated with your account when you click on a video. If you do not wish to be associated with your profile on YouTube, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation takes place in particular according to Art. 6 (1) point f GDPR on the basis of the legitimate interests of Google in the insertion of personalized advertising, market research and/or demand-oriented design of its website. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right.

Regardless of whether the embedded video is played back, a connection to the Google network “double click” is established when visiting this website. This may trigger further data processing beyond our control.

Google LLC, based in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU.

Further information on Vimeo data protection can be found in the provider’s data protection statement at this link.

Web analysis services.

Google (Universal) Analytics

– Google Analytics
This website uses Google Analytics, a web analysis service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses so-called cookies, which are text files stored on your computer, to help the website analyze how users use the site. The information generated by the cookies about your use of this website (including the shortened IP address) is generally transmitted to a Google server in the USA and stored there.

This website uses Google Analytics exclusively with the extension “_anonymizeIp()”, which ensures an anonymization of the IP address by shortening it and excludes a direct personal relationship. As a result of the extension, your IP address will previously be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address will be transmitted to a Google server in the USA and shortened there. In these exceptional cases, processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in the statistical analysis of user behavior for optimization and marketing purposes.

On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide us with other services relating to website and internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.

You may refuse the use of cookies by selecting the appropriate settings on your browser. However, we should point out that in that case you might not be able to use the full functionality of this website. You may permanently refuse Google to collect data generated by cookies regarding the use of the website (including your IP address) and to process them. You can download and install the browser plugin available under the following link.

As an alternative to the browser plug-in or for browsers on mobile devices, please click on the following link in order to set an opt-out cookie which disables Google Analytics to collect data on this website in the future (this opt-out cookie only functions for this browser and this domain. If you delete your cookies on this browser, you must visit the following link again Disable Google Analytics
Google LLC, based in the United States, is certified for the US-European data protection agreement “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU.

More information on how Google Analytics handles user data can be found in Google’s privacy policy at the following link.


Information Security. 

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

Myovolt is committed to protecting the security of your Personal Information. We take reasonable steps to maintain secure internet connections and use organizational measures designed to protect your information against unauthorized access, theft, and loss. However, due to the nature of the internet and information technology in general, if you provide us with personal information, the provision of that information is at your own risk.

If you follow a link on our website to another site, the owner of that site will have its own privacy policy relating to your personal information. We suggest you review that site’s privacy policy before you provide personal information.

Children's Privacy. 

We are committed to protecting the privacy of children. Our Services are not directed to, and we do not intend to or knowingly collect or solicit Personal Information online from children under the age of 16. If you are under the age of 16, do not provide us with any Personal Information.

If you learn that your child has provided us with Personal Information without your consent, you may alert us at the applicable Contact us site listed below. If we learn that we have collected any Personal Information from children under 16, we will promptly take steps to delete such information.

Rights of the data subject.


The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below :

  • Right of access by the data subject pursuant to Art. 15 GDPR
  • Right to rectification pursuant to Art. 16 GDPR
  • Right to erase (“right to be forgotten”) pursuant to Art. 17 GDPR
  • Right to restriction of processing pursuant to Art. 18 GDPR
  • Right to be informed pursuant to Art. 19 GDPR
  • Right to data portability pursuant to Art. 20 GDPR
  • Right to withdraw a given consent pursuant to Art. 7 (3) GDPR
  • Right to lodge a complaint pursuant to Art. 77 GDPR


Right to Object.

If, within the framework of a consideration of interest, we process your personal data on the basis of our predominant legitimate interest, you have the right at any time to object to this processing with the effect for the future on the grounds that arise from your particular situation. If you exercise your right to object, we will stop process the data concerned. However, we reserve the right to further processing if we can prove compelling reasons worthy of protection for processing which outweigh your interest, fundamental rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

If we process your personal data for direct marketing purpose, you have the right to object at any time to the processing of your personal data which are used for direct marketing purposes. You may exercise the objection as described above.

If you exercise your right to object, we will stop processing the data concerned for direct advertising purposes.

Duration of storage of personal data.

The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax retention periods). After expiry of this period, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance or initiation of the contract and/or there is no longer any legitimate interest on our part in the further storage.

Contacting us.

If you have any questions, comments, requests or concerns about this Privacy Policy or other privacy-related matters, you may contact us in the following ways:

Via email:

info@myovolt.com 

Via post:  
Myovolt Limited
3/254 St. Asaph Street,
Christchurch, 8011,
New Zealand.

Terms & Privacy Notices

1. Terms Of Use.

This website is provided Myovolt Limited. 'Myovolt' is a registered trademark solely owned by Myovolt Limited, Myovolt develops, manufactures and supplies wearable recovery technology and associated products and is a wearable technology brand for sports, fitness and wellness markets.

Your acceptance of these conditions of use.

The following Terms of Use are the basic terms and conditions that govern your use of this Site. Please note that your use of this Site constitutes your agreement to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, please exit this Site immediately and do not use or purchase products from this Site.

Questions concerning these conditions of use.

If you have any questions or concerns regarding these Terms of Use, please contact us by sending us an e-mail to info@myovolt.com or by writing to us at: Myovolt Limited, 3/254 St. Asaph Street, Christchurch 8011, New Zealand.

Effective date.

These Terms of Use are effective as of 1st January 2023

Terms of use amendments.

We reserve the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version of these Terms of Use on this Site. These changes will be effective as of the date we post the revised version of these Terms of Use on this Site. Your use of this Site following any such change constitutes your agreement to be bound by the revised Terms of Use.

You may access the current version of these Terms of Use at any time by clicking on the link marked "Terms of Use" on the bottom of each page of this site.

Intellectual property and copyright.

This Site and all of its content, including, for example, all of the text, images, illustrations, graphics, audio clips, and video clips, are protected under trademark, trade dress, copyright and other intellectual property laws and all of the rights in the Site and its content are owned by Myovolt Limited

Individual users of this Site are permitted to download copies of the information on this Site for personal, noncommercial use. This limited, revocable privilege to use the content in no way constitutes a transfer of any right, title or interest in the material you download. You may not, under any circumstances, (a) modify the information on this Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the any part of this Site or its content; or (c) remove any copyright, trademark registration, or other proprietary notices from the information. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as expressly provided above without first obtaining written permission from Myovolt. The use of any materials from this Site on any other website or networked computer environment is prohibited.

The trademarks and service marks used or displayed on this Site ("Trademarks") are registered and unregistered trademarks of Myovolt or third parties. Nothing on this Site may be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the site without the prior express written permission of Myovolt or the trademark owner. In particular, you may not use any Trademark displayed on this Site as a "hot" link without the prior written approval of the trademark owner.

Privacy notice.

Our Online Privacy Policy is part of and is incorporated in these Terms of Use. Please review the Privacy Policy declaration on this page in Section 2 below.

Comments, product reviews and other submissions.

We welcome your comments regarding this Site and encourage you to submit reviews of products you have used. Please note, however, any comments, feedback, suggestions, product reviews or other communications (collectively, "Comments") sent to us shall be and remain the exclusive property of Myovolt. Your submission of Comments will constitute an assignment to Myovolt of all worldwide rights, title and interests in all copyrights and other intellectual property rights in the Comments.

Myovolt will be entitled to copy, disclose, display or perform publicly, improve and modify any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Myovolt will also be entitled to reduce to practice, use, and improve upon any ideas or inventions that you submit to us in any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information, product ideas, inventions, or original artwork.

We reserve the right to edit reviews and other materials presented by users, but we do not take responsibility for the truth or accuracy of the Comments, nor do we take responsibility if the Comments we publish are deemed objectionable or offensive by certain individuals or entities. 

Accuracy of information.

Product Description. We cannot assure you all of the product information displayed on the Site is 100% accurate. The actual item should be considered the authoritative source of all information with respect to the item. If a product does not conform to its description on this Site, your sole remedy will be to return it to us in accordance with our Returns Policy.

Color. Colors are represented as realistically as possible, but color variations of product images are outside of our control because software, hardware and Internet connections can alter the appearance of colors. If you are unsatisfied with a product, your sole remedy will be to return it to us in accordance with our Returns Policy.

Corrections. The information published on this Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order). These errors, inaccuracies or omissions may be related to product description, pricing and availability. If we discover that pricing information posted on our Site is incorrect, we reserve the right not to fulfill orders at the incorrect price. We apologize for any inconvenience this may cause.

Information on this site is not medical advice.

Neither the information published on this Site, including product descriptions, nor the information provided on any product label or packaging are intended as a substitute for advice from your physician, physical therapist, or other healthcare professional. You should not use the information on this site or provided with any product for diagnosis or treatment of any health problem or for prescription of any therapy or other treatment. You should always speak with your physician or other healthcare professional before starting any diet or exercise program or before adopting any treatment for a health problem, or a suspected health problem of any kind.

Your account.

If you are under 18 you may not purchase a product or sign up to be a member of our Site. You may use the Site only with the approval and active involvement of a parent or guardian, who must purchase a product or become a member of our site for you.

You are responsible for maintaining the confidentiality of information that could be used to access your account such as username and password, and you agree to accept all responsibility for all activities performed using your username and password. Additionally, you are responsible for restricting access to your computer and not using public computers to access your account.

Risk of loss.

All items purchased through this site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Disclaimers.

This site is provided on an "as is," "as available" basis, without representations or warranties of any kind. To the fullest extent permitted by law, Myovolt limited disclaims any and all representations and warranties, whether express, implied, or statutory, with respect to this site, its contents, and the products and services made available through this site. Without limiting the generality of the foregoing, Myovolt disclaims all representations and warranties, express, implied or statutory, (a) of title, non-infringement, merchantability and fitness for a particular purpose; (b) with respect to any merchandise offered on this site (this disclaimer does not apply to any product warranty offered); (c) relating to the security of the site; (d) that the information on this site, including product descriptions, is accurate, complete or current or that this site will operate without interruption or error; or (e) that the content provided on this site is applicable or appropriate for use in locations outside of New Zealand.

Applicable law may not allow the limitation of warranties set forth above, so this limitation of warranties may not apply to you.

Limitation of liability.

Under no circumstances, shall Myovolt Limited, or any of its employees, directors, officers, agents, vendors or suppliers, be liable to you or any third party for any losses or damages arising out of or in connection with the use of or inability to use this site, any content published on this site (including product descriptions and reviews), or any products or services provided or purchased through this site. Your sole remedy if you are not satisfied with any product made available through this site is to return the product to us in accordance with our returns policy.

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether direct, indirect, general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether the claim is in
contract, tort (including negligence) or strict liability, even if an authorised representative of myovolt has been advised of or should have known of the possibility of such damages, and without regard to the effectiveness of other remedies.

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Myovolt under such circumstances for liabilities that otherwise would have been limited shall not exceed ten New Zealand dollars (NZD10).

Links to websites operated by third parties.

This Site may provide links to web sites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their web sites. We do not assume any responsibility or liability for the actions, product, and content of any such web sites. Before you use any web site you should review the applicable terms of use and policies. The inclusion of a link in this Site does not imply our endorsement of the web site. If you decide to access linked third-party web sites, you do so at your own risk.

Interpretation.

As used in these Terms of Use, the term "including" means "including, but not limited to."

Waiver.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Myovolt of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Entire agreement.

These Terms of Use contains the entire understanding and agreement between you and Myovolt Limited with respect to your use of this site, and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and Myovolt Limited with respect to this site.

2. Privacy & Data Protection Policy.

Information on the collection of personal data and contact details of the controller.


Thank you for visiting the Myovolt website and for your interest in our products. We respect your privacy and are committed to protecting it through our compliance with this policy. The purpose of this Privacy Notice is to inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified. This Privacy Policy also applies when you interact with us offline. For example, if you provide your contact information to us or interact with us at a trade show or other live event,


The controller in charge for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is:

Myovolt Limited, 3/254 St. Asaph Street, Christchurch, 8011,
New Zealand
Tel: +64 (0)27 361 2375
Email: info@myovolt.com 

The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.

We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy.  

This policy was last updated on 1st January 2023

Data collected when you visit our website.

When using our website for information only, i.e. if you do not register, buy a product or otherwise provide us with information, we only collect data that your browser transmits to our server (“server log files”). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:

  • Our visited website
  • Date and time at the moment of access
  • Amount of data sent in bytes
  • Source/reference from which you came to the page
  • Browser used
  • Operating system used
  • IP address used (if applicable: in anonymized form)

Data processing is carried out in accordance with Art. 6 (1) point of the GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.

Cookies.

In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie.

In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the content of a virtual shopping basket for a later visit to the website). If personal data are also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.

We work together with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). You will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following sections.

Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings.  

Please note that the functionality of our website may be limited if cookies are not accepted.

Data collected when you contact us.

When you contact us (e.g. via the contact form or by email), personal data is collected. The contact form collects your name and email address. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration.

The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided that there are no legal storage obligations to the contrary. 

Data processing when opening a customer account and for contract processing.

Pursuant to Art. 6 (1) point b GDPR, personal data will continue to be collected and processed if you provide them to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. It is possible to delete your customer account at any time. This can be done by sending a message to the above-mentioned address of the controller.

We store and use the data provided by you for contract processing. After complete processing of the contract or deletion of your customer account, your data will be blocked in consideration of tax and commercial retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by our site, about which we will inform you accordingly below. 

Use of your data for directing advertising.

If you subscribe to our e-mail newsletter, we will send you regular information about our special offers. The only mandatory information for sending the newsletter is your e-mail address. We will not send you an e-mail newsletter unless you have expressly confirmed via our sign-up form or the check box on our check-out page. You may also sign-up to our newsletter when completing a paper form at an event or show.

When you register for the newsletter online, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration so that we can trace any possible misuse of your e-mail address at a later time. The data collected by us when registering for the newsletter will be used exclusively for the purpose of advertising by means of the newsletter. You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to us via the contact details provided.

After your cancellation, your e-mail address will immediately be deleted from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to use data in excess thereof, which is permitted by law and about which we inform you in this declaration.

Data processing for the purpose of order handling.

To process purchases you make online and deliver purchased products or services to you we need to collect certain personal information your provide to us. Your Contact Information including your name, home address, email address and phone number. Your Online Purchase Information including payment card information, purchase details and other transaction information.

The legal basis for collecting this information is so we can process the transactions requested by you and meet our contractual obligations to deliver the goods and services.

We work together with service providers who support us wholly or partially in the execution of concluded contracts. The personal data collected by us that details your Contact Information will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods.  

We will pass on your Online Purchase Information to the commissioned credit institution within the framework of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 (1) point b GDPR.

 

Use of Payment Service Providers 

– Braintree – A service of PayPal Pte Ltd
If you choose payment via Debit/Credit card method the payment is processed by the service provider Braintree, to whom we send your order information (name, address, payment card details, invoice amount, currency and transaction number) in accordance with Art. 6 (1) point b GDPR. Your data will only be passed on for the purpose of payment processing with the payment service provider Braintree and only to the extent necessary.

– Paypal
When paying via PayPal, credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “payment by instalments” via PayPal, we transmit your payment data to PayPal Pte Ltd. The transfer takes place in accordance with Art. 6 (1) point b GDPR and only insofar as this is necessary for payment processing.

PayPal reserves the right to carry out credit checks for the payment methods credit card via PayPal, direct debit via PayPal or, if offered, “purchase on account” or “payment by installments” via PayPal. For this purpose, your payment data may be passed on to credit agencies on the basis of PayPal’s legitimate interest in determining your solvency pursuant to Art. 6 (1) point f GDPR. PayPal uses the result of the credit assessment in relation to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report can contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on recognized scientific, mathematical-statistical methods. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including the credit agencies used, please refer to PayPal’s data protection declaration. You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing.

Use of videos.

This website uses the Vimeo embedding function for display and playback of videos offered by the provider Vimeo, 555 West 18th Street New York, NY 10011 United States.

To this end, the extended data protection mode is used to ensure, according to provider information, that user information will only be stored once the playback function of the video is started. When the playback of embedded Vimeo videos is started, the provider sets “YouTube” cookies in order to collect information about user behavior. According to indications from Vimeo, the use of those cookies is intended, among other things, to record video statistics, to improve user-friendliness and to avoid improper actions. If you are logged in to Google, your information will be directly associated with your account when you click on a video. If you do not wish to be associated with your profile on YouTube, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation takes place in particular according to Art. 6 (1) point f GDPR on the basis of the legitimate interests of Google in the insertion of personalized advertising, market research and/or demand-oriented design of its website. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right.

Regardless of whether the embedded video is played back, a connection to the Google network “double click” is established when visiting this website. This may trigger further data processing beyond our control.

Google LLC, based in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU.

Further information on Vimeo data protection can be found in the provider’s data protection statement at this link.

Web analysis services.

Google (Universal) Analytics

– Google Analytics
This website uses Google Analytics, a web analysis service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses so-called cookies, which are text files stored on your computer, to help the website analyze how users use the site. The information generated by the cookies about your use of this website (including the shortened IP address) is generally transmitted to a Google server in the USA and stored there.

This website uses Google Analytics exclusively with the extension “_anonymizeIp()”, which ensures an anonymization of the IP address by shortening it and excludes a direct personal relationship. As a result of the extension, your IP address will previously be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address will be transmitted to a Google server in the USA and shortened there. In these exceptional cases, processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in the statistical analysis of user behavior for optimization and marketing purposes.

On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide us with other services relating to website and internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.

You may refuse the use of cookies by selecting the appropriate settings on your browser. However, we should point out that in that case you might not be able to use the full functionality of this website. You may permanently refuse Google to collect data generated by cookies regarding the use of the website (including your IP address) and to process them. You can download and install the browser plugin available under the following link.

As an alternative to the browser plug-in or for browsers on mobile devices, please click on the following link in order to set an opt-out cookie which disables Google Analytics to collect data on this website in the future (this opt-out cookie only functions for this browser and this domain. If you delete your cookies on this browser, you must visit the following link again Disable Google Analytics
Google LLC, based in the United States, is certified for the US-European data protection agreement “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU.

More information on how Google Analytics handles user data can be found in Google’s privacy policy at the following link.


Information Security.

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

Myovolt is committed to protecting the security of your Personal Information. We take reasonable steps to maintain secure internet connections and use organizational measures designed to protect your information against unauthorized access, theft, and loss. However, due to the nature of the internet and information technology in general, if you provide us with personal information, the provision of that information is at your own risk.

If you follow a link on our website to another site, the owner of that site will have its own privacy policy relating to your personal information. We suggest you review that site’s privacy policy before you provide personal information.

Children's Privacy.

We are committed to protecting the privacy of children. Our Services are not directed to, and we do not intend to or knowingly collect or solicit Personal Information online from children under the age of 16. If you are under the age of 16, do not provide us with any Personal Information.

If you learn that your child has provided us with Personal Information without your consent, you may alert us at the applicable Contact us site listed below. If we learn that we have collected any Personal Information from children under 16, we will promptly take steps to delete such information.

Rights of the data subject.

The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below :

  • Right of access by the data subject pursuant to Art. 15 GDPR
  • Right to rectification pursuant to Art. 16 GDPR
  • Right to erase (“right to be forgotten”) pursuant to Art. 17 GDPR
  • Right to restriction of processing pursuant to Art. 18 GDPR
  • Right to be informed pursuant to Art. 19 GDPR
  • Right to data portability pursuant to Art. 20 GDPR
  • Right to withdraw a given consent pursuant to Art. 7 (3) GDPR
  • Right to lodge a complaint pursuant to Art. 77 GDPR


Right to Object.

If, within the framework of a consideration of interest, we process your personal data on the basis of our predominant legitimate interest, you have the right at any time to object to this processing with the effect for the future on the grounds that arise from your particular situation. If you exercise your right to object, we will stop process the data concerned. However, we reserve the right to further processing if we can prove compelling reasons worthy of protection for processing which outweigh your interest, fundamental rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

If we process your personal data for direct marketing purpose, you have the right to object at any time to the processing of your personal data which are used for direct marketing purposes. You may exercise the objection as described above.

If you exercise your right to object, we will stop processing the data concerned for direct advertising purposes.

Duration of storage of personal data.

The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax retention periods). After expiry of this period, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance or initiation of the contract and/or there is no longer any legitimate interest on our part in the further storage. 

Contacting us.

If you have any questions, comments, requests or concerns about this Privacy Policy or other privacy-related matters, you may contact us in the following ways:

Via email:

info@myovolt.com 

Via post:  
Myovolt Limited
3/254 St. Asaph Street,
Christchurch, 8011,
New Zealand.