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DigestionReady®, Happy Tummy™, and Ayurveda Consultations

Dr David Lovell-Smith

Last Updated: 24 April 2026 

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Important Notice

This document contains important legal terms that affect your rights. Please read it carefully before participating in any of our programmes. If you have any questions, contact us at support@digestionready.com before proceeding.

 

 

1.  Definitions and The Programmes

The DigestionReady® programme, the Happy Tummy™ minicourse, and Ayurveda consultations (collectively referred to as “the programmes”) with Dr David Lovell-Smith are educational in purpose, for your information and learning only.

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2.  Scope of Service by Residency

Dr David Lovell-Smith is licensed to practise medicine only in New Zealand.

 

Non-New Zealand Residents: You acknowledge that for all participants residing outside of New Zealand, these programmes are strictly health coaching and educational in nature. Dr Lovell-Smith will not provide clinical diagnoses, medical treatments, or prescriptions for non-NZ residents.

 

New Zealand Residents: If you are a New Zealand resident, Dr Lovell-Smith may, at his professional discretion, provide clinical medical advice. In such instances, a clinical relationship is only established if Dr Lovell-Smith explicitly agrees to provide medical treatment following a formal clinical intake, and you are entitled to all rights under the Code of Health and Disability Services Consumers’ Rights. A clinical medical record will be maintained for NZ-based patients where a clinical relationship has been established.

 

Misrepresentation of Residency: Participants who provide false residency information accept full legal and financial responsibility for any consequences arising from that misrepresentation, including any claims relating to the unlicensed practice of medicine in their home jurisdiction.

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3.  Intellectual Property

I understand that all materials and knowledge, including audios, videos, and written materials, are copyrighted by Dr David Lovell-Smith and may not be reproduced, replayed (outside of my private viewing), or distributed without the written consent of Dr Lovell-Smith. DigestionReady® is a registered trademark of Dr David Lovell-Smith (IPONZ registration current).

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4.  Telehealth and In-Person Consultations

I acknowledge that these programmes may be delivered via telehealth. While telehealth is a standard of care in New Zealand, I understand it has limitations compared to in-person examinations, such as the inability to perform certain physical assessments.

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5.  Client Responsibility for Local Advice

Participants (especially those outside New Zealand) must have a primary healthcare provider in their home jurisdiction. Dr Lovell-Smith’s coaching is intended to complement, not replace, that local care.

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6.  Medical Consultation and Responsibility

If I have a medical condition or take prescribed medications, I will consult with my personal physician before making any changes in diet, lifestyle, or supplements mentioned in the programmes.

 

I acknowledge that Dr Lovell-Smith has not examined me, nor does he have detailed knowledge of my medical history. As a result, Dr Lovell-Smith will not make any recommendations based on my particular condition. I understand that I am not receiving medical advice, and I agree to consult my health care provider regarding any questions I have about my medical condition and treatment.

 

Undergoing any medical testing described in the programmes is my personal choice and responsibility and not a prescription by Dr Lovell-Smith. Unless I have a specific medical condition for which I will consult my usual health care provider, I understand that testing is not necessary for participation in these educational programmes.

 

I take full responsibility for all consequences, including but not limited to physical, medical, and psychological consequences, of any testing I undergo or lifestyle modifications I choose to adopt during or as a result of the programmes.

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7.  No Warranties or Guarantees of Success

Dr Lovell-Smith has made every effort to accurately represent the programmes and their potential. However, no guarantees are made regarding specific health outcomes or individual success. Each individual's results will vary depending on their own efforts, motivation, and circumstances. By participating, you acknowledge that your success depends on your willingness to follow the programme and apply the necessary commitment."

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8.  Limitation of Liability

Notwithstanding anything to the contrary, the maximum liability of Dr Lovell-Smith arising out of or relating to the programmes is an amount equal to two times (200%) the programme fee paid by the participant.

 

To the maximum extent permitted by law, Dr Lovell-Smith shall not be liable for any indirect, incidental, or consequential losses, including but not limited to loss of income or personal distress, arising from participation in the programmes.

 

Note for New Zealand Residents

Nothing in this clause limits any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot be excluded by contract.

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9.  Participant Support

Support for educational questions related directly to the programme materials is available via Live Webinar Sessions, email, or text. Dr Lovell-Smith or a deputised staff member will endeavour to respond to queries within a reasonable timeframe. This support does not include personal medical advice or individual case management.

 

Dr Lovell-Smith reserves the right to limit the volume of individual support or transition all content-related queries to Live Webinar Sessions or a moderated group forum at his discretion, to ensure the long-term sustainability of the programmes. Support is available during standard New Zealand business hours (9:00 am – 5:00 pm, Monday to Friday), excluding public holidays.

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10. Termination of Access

Dr Lovell-Smith reserves the right to terminate your access to the programmes immediately and without refund if you engage in disruptive, abusive, or illegal behaviour, or if you fail to pay any required fees.

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11. Refunds

Because the programmes provide immediate access to digital intellectual property, no refunds will be provided once you have accessed or downloaded any part of the course materials or attended a consultation. This policy applies to all “change of mind” requests.

 

Note for New Zealand Residents

For New Zealand residents, this refund policy applies to the extent permitted by the Consumer Guarantees Act 1993. If the services provided are not of acceptable quality, or are substantially different from what was advertised, you may have statutory rights that cannot be excluded by contract.

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12. Force Majeure

Dr Lovell-Smith shall not be liable for any failure or delay in performing his obligations under these Terms where such failure or delay results from circumstances beyond his reasonable control, including but not limited to natural disasters, acts of God, internet outages, illness, pandemics, or government mandates. If such circumstances continue for more than 60 days, either party may terminate the programme arrangement with written notice, and Dr Lovell-Smith will use reasonable endeavours to provide a pro-rated refund for undelivered content.

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13. Privacy and Information Handling

Dr Lovell-Smith and his supporting staff collect personal and health information (including name, contact details, medical history, and billing information) solely to deliver the programmes and provide relevant health information. Your data is stored securely in accordance with New Zealand health information regulations.

 

Under the Privacy Act 2020, you have the right to access your personal information and request a correction. To exercise these rights, contact us at support@digestionready.com.

 

For full details of how your information is collected, stored, shared with third-party providers, and your right to withdraw consent, please see our Privacy Policy.

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14. Participant Acknowledgement

I acknowledge that my investment in the programme will not place a significant financial burden on me or my family.

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15. Variation of Terms

Dr Lovell-Smith reserves the right to update these Terms and Conditions at any time. Participants will be notified of any material changes. Continued participation in the programmes following such notification constitutes acceptance of the revised terms. The current version of these Terms will always be available on the DigestionReady® website.

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16. Severability

If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, unlawful, or unenforceable, that provision will be severed from the remainder of the Terms. The remaining provisions will continue in full force and effect as if the severed provision had never been included.

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17. Entire Agreement

These Terms and Conditions, together with the Privacy Policy constitute the entire agreement between the participant and Dr David Lovell-Smith with respect to the programmes. They supersede all prior representations, understandings, negotiations, or agreements, whether written or verbal.

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18. Governing Law

Any dispute arising out of or relating to the programmes will be resolved in the courts of New Zealand under the internal laws of New Zealand.

 

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Questions? Contact us at support@digestionready.com

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