TERMS AND CONDITIONS

These are the Terms and Conditions of Sale for all programs, online courses and any other services (Services) sold by Francie Aitken trading as Flourish & Free (Flourish and Free , we, us) on our website, www.flourishandfree.com (Website).

Please read these terms and conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase with us, you’re indicating to us that you’ve read, understood and agreed to enter into a binding agreement with us on these terms and conditions. If you have any questions or concerns about our terms and conditions, Services or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.

PAYMENT

You agree to pay us the purchase price for the Services listed on the Website and in Service Agreements (subject of course to the case of accidental errors and omissions). Prices are listed in New Zealand (NZD), unless otherwise stated on the Website.

The payment structure for all Services includes full-fee upfront payment, and payment plans Please see our Website for further details or contact us for further information on our available payment options.

We currently accept payment via Bank Transfer and Stripe/ credit card. We may offer other ways to pay from time to time, such as through other third-party payment gateways or processors or electronic funds transfer into our nominated bank account. Please ask us for more information.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any other third-party payment gateway or processor we use on the Website from time to time, which are available on their website. You understand that these services are provided by third parties and are made available to you on our Website for convenience only.

We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider, please contact them directly.

We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website or otherwise notifying you.

If you fail to make a scheduled payment, or if any such payment is returned or denied for any reason, we may terminate this Agreement or suspend or cancel your access, at our absolute discretion, unless or until payment is received.

RISK

Risk in the Services supplied under this Agreement passes to you once the Services are made available to you; that is, once the contract for coaching has been signed.

PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS

You acknowledge and take full responsibility for your life and well-being, as well as the lives and well-being of your family (where applicable), and all decisions made during and after the Program. In furtherance and not in limitation of the foregoing, you hereby and forever waive,  release and discharge me, my heirs, executors, administrators, assigns, officers, agents,  employees, representatives, executors and all others acting on their behalf (the “Released  Parties”) from any and all claims or liabilities for injuries or damages to your person and/or  property or that of your family (where applicable), including those caused by negligent act or  omission of any of those mentioned or others acting on their behalf, arising out of or  connected with your participation in the Program or in connection with services provided by  me or the Released Parties.

MEDICAL DISCLAIMER

You (sometimes referred to herein as “Client”) understand that the information received from me (sometimes referred to herein as “Coach”) in connection with the Program or otherwise should not be seen as medical, nursing or nutrition advice and is certainly not meant to take the place of your seeing licensed health professionals, including your doctor. 

You understand and agree that (i) I am not providing health care or medical services and will  not diagnose, treat or cure in any manner whatsoever, any disease, condition or other  physical or mental ailment of the human body, (ii) I am not acting in the capacity of a doctor,  licensed dietician-nutritionist, massage therapist, psychologist or other licensed or registered  professional, and (iii) you have chosen to work with me and participate in the Programme  voluntarily. 

As your Coach, I encourage you to maintain a relationship with your primary care physician or doctor. In the event that you do not have one and/or do not have routine physicals, I encourage you to do so. Do not discontinue or change any treatment plan that you may be on as a result of our sessions without discussing the change with your doctor.  

DISCOUNTS

We may offer discounts from time to time. Please note that discounts are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both).

Discounts are available for the stated time, or else for a period of 7 days from the date that the offer was first made (whichever occurs first).

 We reserve the right to revoke any discount offer at any time without notice.

EVENTS BEYOND CONTROL

Flourish & Free will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

ADVICE, INFORMATION AND INSTRUCTIONAL VIDEOS

We may give you advice, recommendations, information, instruction or assistance in relation to the Services and in material provided to you through the Services, believing it to be accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability.

The information, advice and instruction we give are general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional advice suitable for your personal circumstances if necessary.

We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.

LINKED WEBSITES

In the Services, we may link to and from other websites that we think share our ethos and that we think you will find helpful. Those websites will have information collated and presented by third-party businesses, organisations and individuals. Please note that we may include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. For your own safety, please make sure you check the protocols and standards of the linked websites before using them.

Of course, because the linked websites are run by third parties, we can’t warrant or represent that any of the information on them is up to date, complete or correct. While we do our best to make sure we link to reputable websites, we can’t accept responsibility or liability for any loss, damage, cost or expense you or anyone else might incur because you’ve used or relied on material on the linked websites, so please make sure you use caution and common sense while browsing online, especially if you’re making purchases.

NEW ZEALAND CONSUMER LAW

The Services come with guarantees that cannot be excluded under the New Zealand Consumer Guarantees Act (CGA).

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, under CGA to replacement of the Services or the cost of having the Services replaced, or such other remedy that we see fit.

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the CGA (for example, we are unable to exclude or limit liability for consequential loss arising out of a breach of a consumer guarantee.

DISCLAIMER AND LIMITATION OF LIABILITY

Except as set out above, to the maximum extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms and conditions.

Please note that we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, Website or these terms and conditions (including as a result of not being able to use or access the Services or Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

We make the Services available to you, however you use the Services at your own risk. Everything in the Services is provided "as is" and "as available" – we don’t make any representations or warranties of any kind.

If for any reason you are not a consumer of Services for the purposes of the Australian Consumer Law, we exclude all liability to you, however arising, including by negligence.

CANCELLATION POLICY

You have one emergency reschedule in your program, which means you can cancel a session within 24 hours and still reschedule the session

Any other sessions cancelled with less than 48 hours notice will be charged.

REFUND POLICY

Refunds will only be provided in accordance with our obligations under the Consumer Guarantees Act. We are not required to provide a refund if you change your mind about the course that you chose to enrol into.

Within 10 days of purchasing a program if the client has completed all the recommended coaching and mentoring and doesn’t perceive the required value has been given a full refund is availalbe.

INTELLECTUAL PROPERTY

All content in the Services and Website is subject to copyright and is protected by copyright under the laws of New Zealand and through international treaties. Unless we say otherwise, all rights (including copyright) in the

Services and website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us.

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this Agreement will remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights to you.

If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. This includes images on our website and social media profiles, unless we explicitly cite a copyright notice indicating otherwise. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.

You are expressly prohibited from producing, publishing, or otherwise distributing any of the Intellectual Property (such as our course content), save as to any licence of the Intellectual Property or part thereof granted under this Agreement.

PROMOTION

You grant us permission to use and reproduce your name, business or trading name and logo (if applicable), photograph or likeness, including any trade marks, as well as evidence of services delivered and results achieved to promote our business.

We love it when you post about our products on social media. If you do share images or videos (or any other depiction whatsoever) of our products on your social media (Posts), you provide to us your express and unconditional consent to share your Posts on our social media. We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your Posts.

INDEPENDENT LEGAL ADVICE

You can seek independent legal advice on these terms and contact us to negotiate changes or amendments to these conditions before proceeding with your order. If you don’t do so, we’ll take it that you’ve read, understood and agreed to be bound by these conditions, and that you consider the conditions fair and reasonable and not against public policy.

ENTIRE AGREEMENT

The contents of this Agreement constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.

WAIVER

A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

TERM

This Agreement commences on the date that it is accepted by you and will remain in force until each party has fulfilled their obligations under this Agreement, unless terminated earlier in accordance with this Agreement or general law.

TERMINATION

We may terminate this Agreement at any time on thirty (30) days’ written notice to you. All disclaimers and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.

JURISDICTION

As we’re based in New Zealand, these conditions will be governed by the laws of that Country. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of New Zealand.