Terms of Use

Last updated:

Welcome to gardenflexible.world. These Terms of Use govern your access to and use of the website operated by Gardenflexible, as well as the purchase and use of our gentle physical activity consultation products and services. By accessing our website or purchasing any consultation package, you agree to be bound by these Terms of Use. If you do not agree, please discontinue use of our website and services immediately.

1. About Our Services

Gardenflexible provides consultations on gentle physical activity formats, including personalised activity planning, guided session packages, and ongoing movement support. Our services are educational and consultative in nature, designed to help clients develop sustainable gentle activity routines. They do not constitute medical advice and are not a substitute for care from a qualified healthcare professional. Our products include the Introductory Movement Consultation, Six-Session Gentle Activity Plan, and Monthly Guided Movement Support, as described on our session offers page. All prices are listed in New Zealand dollars and are subject to applicable GST.

2. Eligibility

By using our website and services, you represent that you are at least eighteen years of age or have the consent of a parent or legal guardian, that you have the legal capacity to enter into binding agreements, and that all information you provide to Gardenflexible is accurate, current, and complete. We reserve the right to refuse service to any individual who provides false information or engages in conduct that disrupts our consultation environment.

3. Website Use

You may use gardenflexible.world for lawful purposes related to learning about and purchasing our gentle physical activity consultation services. You agree not to use the website in any way that violates applicable New Zealand or international law, infringes upon the intellectual property rights of Gardenflexible or third parties, transmits harmful code or malware, attempts unauthorised access to our systems or data, scrapes or harvests content without permission, or impersonates any person or entity. We reserve the right to restrict or terminate access for users who violate these provisions.

4. Intellectual Property

All content on gardenflexible.world, including text, graphics, logos, activity plan templates, consultation methodologies, photographs, and software, is the property of Gardenflexible or its licensors and is protected by copyright, trademark, and other intellectual property laws. Personalised activity plans provided as part of consultation packages are licensed to you for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from our website or consultation materials without prior written consent from Gardenflexible.

5. Purchasing Consultation Packages

When you purchase a consultation package from Gardenflexible, you enter into a service agreement governed by these Terms of Use and our Return Policy. Package descriptions, pricing, and inclusions are listed on our session offers page and form part of this agreement. We reserve the right to modify package pricing for future purchases, but confirmed bookings will be honoured at the price agreed at the time of purchase. Payment must be received before consultation sessions are scheduled unless otherwise agreed in writing.

6. Consultation Conduct

During in-person and remote consultations, clients are expected to communicate openly about their comfort levels, limitations, and preferences. You are responsible for ensuring that your chosen activity formats are appropriate for your individual circumstances. Gardenflexible provides guidance on gentle physical activity but does not guarantee specific outcomes. You agree to follow safety recommendations provided during consultations and to stop any activity that causes discomfort or pain, notifying your consultant promptly.

7. Scheduling and Attendance

Consultation sessions are scheduled by mutual agreement following purchase of a package. Clients must provide at least twenty-four hours notice to reschedule or cancel a session. Sessions missed without adequate notice may be forfeited at our discretion. Gardenflexible will make reasonable efforts to accommodate rescheduling requests and will notify clients promptly of any changes to scheduled sessions on our end. Remote consultations require a stable internet connection and a suitable private space for movement activities.

8. Disclaimer of Warranties

Our website and consultation services are provided on an as-is and as-available basis. To the fullest extent permitted by New Zealand law, Gardenflexible disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be uninterrupted, error-free, or free of harmful components. Consultation guidance is based on general principles of gentle physical activity and individual results may vary based on personal effort, consistency, and individual factors.

9. Limitation of Liability

To the maximum extent permitted by the Consumer Guarantees Act 1993 and other applicable New Zealand legislation, Gardenflexible shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or consultation services. Our total liability for any claim arising from these Terms of Use or our services shall not exceed the amount you paid for the specific consultation package giving rise to the claim. Nothing in these terms excludes or limits liability that cannot be excluded or limited under New Zealand law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Gardenflexible, its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of our website or consultation services, your violation of these Terms of Use, your violation of any third-party rights, or any activity you undertake based on consultation guidance without appropriate caution and personal judgement.

11. Privacy

Your use of our website and services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our services, you consent to the data practices described in the Privacy Policy.

12. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of New Zealand. Any disputes arising from these terms or our consultation services shall be subject to the exclusive jurisdiction of the courts of New Zealand. If you are a consumer under the Consumer Guarantees Act 1993, you retain all rights and remedies available under that Act, and nothing in these terms limits those statutory rights.

13. Dispute Resolution

Before initiating formal legal proceedings, we encourage you to contact us at info@gardenflexible.world to attempt resolution of any dispute informally. Gardenflexible is committed to addressing client concerns fairly and promptly. If informal resolution is unsuccessful, either party may pursue remedies available under New Zealand law, including filing a complaint with the Disputes Tribunal for eligible claims.

14. Modifications

We reserve the right to modify these Terms of Use at any time. Changes will be posted on this page with an updated revision date. Material changes affecting active consultation packages will be communicated to affected clients via email. Your continued use of our website after changes are posted constitutes acceptance of the modified terms for website use. For active service agreements, the terms in effect at the time of purchase shall apply unless otherwise agreed.

15. Severability

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

16. Contact Information

For questions about these Terms of Use, please contact Gardenflexible at info@gardenflexible.world, call +64212768311, or write to 62 South Terrace, Darfield 7510, New Zealand.