Terms of Use

Last updated:

These Terms of Use govern your access to and use of the website located at drainingphscruba.world and the purchase and delivery of active break programs offered by Drainingphscruba, a workplace wellness provider based at 62 South Terrace, Darfield 7510, New Zealand. By accessing our website or engaging our services, you agree to be bound by these terms.

Definitions

In these Terms of Use, the following definitions apply:

• We, us, or our refers to Drainingphscruba.
• You or client refers to the individual or organisation accessing our website or purchasing active break programs.
• Services refers to active break sessions, movement plans, break packages, facilitation, reporting, and related workplace wellness offerings described on drainingphscruba.world.
• Programs refers to Pulse Starter, Momentum Growth, Enterprise Flow, and any custom active break packages agreed in writing.
• Website refers to all pages and content available at drainingphscruba.world.

Website Use

You may use the Drainingphscruba website for lawful purposes only. You agree not to:

• Use the website in any way that violates applicable New Zealand or international law.
• Attempt to gain unauthorised access to any part of the website, servers, or connected systems.
• Transmit viruses, malware, or other harmful code through the website or contact forms.
• Scrape, copy, or reproduce website content for commercial purposes without written permission.
• Impersonate Drainingphscruba personnel or misrepresent your affiliation with our organisation.
• Interfere with the proper functioning of the website or its security features.

We reserve the right to restrict or terminate access to the website for users who violate these terms.

Intellectual Property

All content on drainingphscruba.world including text, graphics, logos, movement plan descriptions, session materials, photographs, and software is owned by or licensed to Drainingphscruba and protected by copyright and other intellectual property laws. You may view and download content for personal, non-commercial reference related to evaluating or using our active break programs. Reproduction, distribution, modification, or public display of our content without prior written consent is prohibited.

Clients receiving digital session materials as part of break packages may use those materials internally within their organisation for the duration of the active program. External distribution or commercial reuse of session content is not permitted.

Service Agreements

Purchase of active break programs constitutes a service agreement between you and Drainingphscruba. Specific terms including session count, participant limits, delivery method, pricing, and schedule are confirmed in a written proposal or invoice. In the event of conflict between these Terms of Use and a signed service agreement, the signed agreement prevails for matters relating to program delivery.

Program pricing displayed on break-packages.html is indicative and subject to confirmation based on workplace assessment, travel requirements, and customisation requests. All prices are quoted in New Zealand dollars unless otherwise stated.

Session Delivery

Drainingphscruba will deliver active break sessions according to the agreed schedule and package tier. Client responsibilities include:

• Providing adequate space for on-site sessions or reliable virtual meeting access for remote delivery.
• Communicating session schedules to participating employees in advance.
• Informing facilitators of any relevant workplace health and safety considerations.
• Ensuring participants understand that active break sessions involve physical movement and that individuals should participate at their own comfort level.
• Providing at least forty-eight hours notice for session rescheduling requests where possible.

We will provide qualified facilitators, session materials, and participation tracking as specified in the purchased package. Sessions missed due to client cancellation with less than twenty-four hours notice may be forfeited unless otherwise agreed.

Payment Terms

Payment for active break programs is due according to terms specified in your invoice. Standard payment terms require full payment before the first scheduled session unless a payment plan is agreed in writing for Enterprise Flow packages. Late payments may incur interest at the rate permitted under the Contract and Commercial Law Act 2017. We reserve the right to suspend program delivery for accounts more than fourteen days overdue.

Limitation of Liability

Active break programs involve physical movement. While Drainingphscruba facilitators design sessions for varying fitness levels and provide modifications, participation is voluntary and at each individual's own discretion. To the maximum extent permitted by New Zealand law, Drainingphscruba is not liable for any injury, loss, or damage arising from participation in active break sessions except where caused by our negligence or breach of statutory duty.

Our total liability for any claim arising from program delivery is limited to the fees paid for the specific program giving rise to the claim. We are not liable for indirect, consequential, or special damages including lost profits, lost productivity, or reputational harm.

Nothing in these terms excludes or limits liability that cannot be excluded or limited under the Consumer Guarantees Act 1993 or other applicable New Zealand legislation where you qualify as a consumer.

Disclaimer

Information on drainingphscruba.world about active break programs, movement plans, and workplace wellness outcomes is provided for general informational purposes. While we strive for accuracy, we make no warranties about completeness or suitability for any particular workplace. Program outcomes vary based on participation levels, workplace culture, and individual factors. Testimonials and statistics represent experiences of past clients and are not guarantees of future results.

Third-Party Links

Our website may contain links to third-party websites including Google Maps. These links are provided for convenience. Drainingphscruba does not endorse or assume responsibility for the content, privacy practices, or availability of third-party sites. Your use of third-party websites is governed by their respective terms and policies.

Indemnification

You agree to indemnify and hold harmless Drainingphscruba, its facilitators, and employees from claims, damages, losses, and expenses arising from your breach of these Terms of Use, misuse of our website, or violation of any third-party rights in connection with your use of our services.

Governing Law

These Terms of Use are governed by the laws of New Zealand. Any disputes arising from these terms or our active break program services shall be subject to the exclusive jurisdiction of the courts of New Zealand. Both parties agree to attempt good-faith resolution of disputes through direct negotiation before initiating legal proceedings.

Changes to Terms

Drainingphscruba may revise these Terms of Use at any time. Updated terms will be posted on this page with a revised date. Material changes affecting existing service agreements will be communicated to active clients directly. Your continued use of the website after changes constitutes acceptance of the updated terms for website use purposes.

Contact

For questions about these Terms of Use or our active break programs, contact:

Drainingphscruba

62 South Terrace, Darfield 7510, New Zealand

+64212768311

info@drainingphscruba.world