Terms of Use
Last updated:
1. Agreement to Terms
By accessing and using elbowflexmove.world ("the Website"), operated by Elbowflexmove ("we", "us", "our"), you agree to be bound by these Terms of Use. If you do not agree, please do not use the Website.
2. Operator Information
Elbowflexmove
233 Baldrock Road, Kaiwaka 0587, New Zealand
Email: supportcenter@elbowflexmove.world
Phone: +64 274 937 801
3. Nature of Content
The Website provides educational and informational content about outdoor fitness masterclasses and no-equipment movement sessions operated from Kaiwaka, New Zealand. All materials are intended to support general well-being and do not constitute professional medical advice, diagnosis, treatment, or a guarantee of fitness outcomes.
Results from physical activity vary between individuals. Before participating in any activity described on this Website — especially if you are pregnant, injured, or have a pre-existing medical condition — consult your doctor or other qualified health professional.
4. Services, Bookings, and Pricing
Outdoor fitness masterclasses and daily sessions may be offered in person at locations in and around Kaiwaka, New Zealand. Session availability, schedules, and pricing are confirmed directly with us when you enquire or book.
Any prices quoted are in New Zealand dollars (NZD) unless stated otherwise and include GST where applicable. A booking is confirmed only when we acknowledge it in writing (for example, by email reply).
5. Cancellation and Refunds
If you need to cancel or reschedule a confirmed booking, contact us as soon as possible. Our standard terms are:
- Cancellation more than 48 hours before the scheduled session: full refund or free rescheduling, at your choice
- Cancellation within 48 hours of the scheduled session: we may offer rescheduling; refunds are assessed case by case
- If we cancel a session due to weather, safety, or operational reasons, you will receive a full refund or the option to reschedule
Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 where you acquire services from us as a consumer in trade.
6. Acceptable Use
You agree to use the Website only for lawful purposes. You must not:
- Use the Website in any way that violates applicable local, national, or international law
- Attempt to gain unauthorised access to any part of the Website or its systems
- Transmit any material that is defamatory, offensive, or otherwise objectionable
- Use automated systems to scrape or extract data from the Website without permission
- Interfere with or disrupt the Website or servers connected to it
7. Intellectual Property
All content on the Website, including text, graphics, layout, and design, is the property of Elbowflexmove or its content suppliers and is protected by copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.
8. Disclaimer of Warranties
The Website and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components.
9. Limitation of Liability
To the fullest extent permitted by New Zealand law, Elbowflexmove shall not be liable for any indirect, incidental, special, or consequential loss arising from your use of the Website or participation in activities described on it.
Our liability for any direct loss is limited to the amount you paid us for the relevant service in the 12 months before the claim arose, except where liability cannot be excluded under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or other applicable New Zealand law.
10. Outdoor Activity Risks and ACC
Outdoor fitness activities carry inherent risks including uneven terrain, weather conditions, slips, falls, and physical exertion. By using information from this Website or attending a session, you acknowledge these risks and participate at your own discretion and responsibility.
New Zealand has an accident compensation scheme (ACC). Personal injury caused by accident in New Zealand is generally covered by ACC rather than through civil litigation. This does not limit your rights under the Consumer Guarantees Act 1993 in respect of services we provide.
11. Consumer Guarantees Act 1993
If you acquire services from us as a consumer, the Consumer Guarantees Act 1993 applies. Services must be carried out with reasonable care and skill, be fit for any particular purpose you told us about, and be completed within a reasonable time when no time is set. Where a guarantee is breached, you may be entitled to a remedy under that Act.
Where the Act applies, its guarantees cannot be excluded or limited by these Terms.
12. Fair Trading Act 1986
We comply with the Fair Trading Act 1986 and do not engage in misleading or deceptive conduct in connection with our Website or services. Information on this Website is presented in good faith and is subject to change. Contact us to confirm current session details before booking.
13. Third-Party Links
The Website may contain links to third-party websites. We are not responsible for the content, privacy practices, or availability of external sites. Accessing third-party links is at your own risk.
14. Privacy
Your use of the Website is also governed by our Privacy Policy and Cookie Policy, which describe how we collect and process your personal data.
15. Modifications
We reserve the right to modify these Terms of Use at any time. Changes take effect upon posting on this page. Your continued use of the Website after changes are posted constitutes acceptance of the revised terms.
16. Governing Law and Disputes
These Terms of Use are governed by the laws of New Zealand. Any dispute arising from these terms or our services should first be raised with us in writing so we can attempt to resolve it promptly. If the dispute cannot be resolved, it shall be subject to the exclusive jurisdiction of the courts of New Zealand.
You may also contact the Disputes Tribunal of New Zealand for eligible claims within its monetary limits, or seek assistance from Consumer Protection (www.consumerprotection.govt.nz).
17. Severability
If any provision of these Terms of Use is found to be unenforceable, the remaining provisions shall continue in full force and effect.
18. Contact
For questions about these Terms of Use, contact us at:
Elbowflexmove
233 Baldrock Road, Kaiwaka 0587, New Zealand
Email: supportcenter@elbowflexmove.world