General Terms & Conditions
1. Welcome to “The Big Exhale Ltd t/a TheBreath Effect (we, us, our)”. We provide our services to you subject to the following conditions. If you visit or shop at The Breath Effect, you accept these conditions. Please read them carefully.
2. The Breath Effect may vary these terms and conditions at any time by publishing a revised version of the terms and conditions on this website. The law applicable to this website is the law of New Zealand. By visiting TheBreath Effect, you agree that the laws of New Zealand will govern these conditions of use and any dispute of any sort that might arise between you and The Breath Effect.
Disclaimer Of Warranties And Limitation Of Liability
3. Subject to the provisions of consumer protection legislation that cannot be excluded, The Breath Effect accepts no liability arising from the information on this website, or on websites linked from this website, being incorrect, incomplete or misleading.
4. To the fullest extent permitted by law, The Breath Effect will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information on this website. Where conditions and warranties implied by law cannot be excluded, The Breath Effect limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.
5. To the fullest extent permitted by law, The Breath Effect does not give any express or implied warranties and makes no representations in relation to this website. In particular, while reasonable care is taken in its preparation, The BreathEffect does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose.
6. The Breath Effect makes no representations or warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. You expressly agree that your use of this site is at your sole risk. You agree, that if you are purchasing from The Breath Effect on behalf of a business the Consumers Guarantees Act 1993 (as amended) does not apply.
Comments, Feedback And Testimonials
7. If you provide us with comments, feedback or testimonials, whether written, verbal or otherwise, you consent to us using this information and or likeness in our marketing collateral. Please note we will not identify you by name unless you have given us permission to do so. Should you wish to revoke any information you have provided us please advise us by contacting firstname.lastname@example.org, and we will remove reference to your remarks in any future collateral.
Other Policies And ModificationsPlease review our other policies, posted on this site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
8. For questions or concerns you have about the Site, The Breath Effect products or your order on the Site, please contact us via email at email@example.com
The Breath Effect
P O Box 79,
Product Terms & Conditions
Accuracy Of Product Descriptions
9. The Breath Effect attempts to be as accurate as possible. However, The Breath Effect does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition to us.
10. If you use this site, you are responsible for maintaining the secrecy of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
11. The Breath Effect does sell items that are suitable for children, but it only sells them to adults, who can purchase with a credit card. If you are under 18, you may use The Breath Effect products only with involvement of a parent or guardian. The Breath Effect reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
12. The Breath Effect reserves the right to refuse any order. In such case, The Breath Effect will notify you as soon as reasonably practicable and refund to you any payment in full.
13. All products ordered are for personal use and gifting only. They must not be resold in any form or any place; The Breath Effect reserves the right to take legal action against unauthorised and unofficial sale of goods.
14. If The Breath Effect is delayed, hindered in or prevented from performing any of its obligations under any order by reason of any event or circumstance beyond its reasonable control, The Breath Effect will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
15. All prices stated on the current website are denominated in New Zealand Dollars (NZD) unless stated otherwise. All orders are processed in New Zealand (NZD) unless stated otherwise.
16. All prices include GST when purchased in New Zealand and exclude GST when purchased elsewhere; prices do not include shipping, which is charged according to delivery location. Your bank may charge you a fee to transact in NZD, please refer to your bank terms and conditions for more information.
17. Prices are subject to change without notice. Product prices are regularly updated when price changes are received from our suppliers. International purchases may be charged in New Zealand dollars and may incur international transaction fees from your bank or financial institution if located outside of New Zealand.
18. The Breath Effect accepts Visa or Mastercard.
19. The amount payable to The Breath Effect for an order will be the total of the following amounts:
- 1. the sum of the price of each product ordered as indicated on the website at the time of submitting the order; and
- 2. the cost of delivery determined in accordance with delivery location.
You must pay the total amount by credit card at the time of submitting the order.
Intellectual Property Terms & Conditions
20. All content on this website, including text, graphics, logos, photographs, audio and video clips product names, product formulation, and data compilations is the property of The Breath Effect or its content suppliers and protected by New Zealand and international copyright laws. The compilation of all content on this site is the exclusive property of The Breath Effect and protected by New Zealand and international copyright laws.
21. The Breath Effect and all related graphics, photographs, logos, and product and service names are trademarks (both registered and unregistered) of The Big Exhale Ltd or its affiliates in other countries. These trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without The Breath Effect’s express prior written consent.
Licence And Site Access
22. The BreathEffect grants you a limited licence to access and make personal use of this site and not to download or modify it, or any portion of it, except with The Breath Effect’s express prior written consent. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
23. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of The Breath Effect. Any unauthorised use will automatically terminate the licence granted above.
24. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to www.thebreatheffect.com so long as the link does not portray The Breath Effect, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner.
25. If requested by The Breath Effect, you must remove any hyperlink to this website contained on your website or any other digital content. You may not use any Breath Effect logo or other proprietary graphic or trademark as part of the link without The Breath Effect’s express prior written consent.
26. Please note we don’t offer refunds to our events. You are welcome to transfer your ticket to someone else if you can no longer attend – please advise us of this so we can update our records.
Photography & Video Recording
27. By purchasing a ticket to one of our events or attending one of our free classes, workshops or seminars you consent to us using your image and/or likeness in any photography or video recordings we create, unless otherwise advised by you. These recordings may be used for promotional purposes or otherwise at anytime in the future. Photographic, video or audio recording equipment for any purpose other than private non-commercial purposes is not permitted by any attendee of the event.
28. Accreditation must be acquired and approved by The Breath Effect team, prior to the event, should you wish to make any such recordings.
Comments, Feedback, Testimonials
29. If you provide us with comments, feedback or testimonials, whether written, verbal or otherwise, you consent to us using this information and or likeness in our marketing collateral. Please note we will not identify you by name unless you have given us permission to do so. Should you wish to revoke any information you have provided us please advise us by contacting firstname.lastname@example.org and we will remove reference to your remarks in any future collateral.
Refund Policy – Online Courses
30. Please choose online courses carefully before completing your order, no refunds, credits or transfers are available for online course purchases.
Terms & Conditions Of Competitions
- The promoter is: The Breath Effect, whose registered office is at 10 Birchdale Place, Glenorchy, New Zealand, 9350.
- Employees of The Breath Effect or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.
- There is no entry fee and no purchase necessary to enter this competition.
- This completion is open to all persons residing in New Zealand and over the age of 15 years.
- Route to entry for the competition and details of how to enter will be advised in the promotional material for the relevant competition.
- Closing date for entry will be advised in the promotional material for the relevant competition. After this date no further entries to the competition will be permitted.
- No responsibility can be accepted for entries not received for whatever reason.
32. Prizes and winning
- The rules of any competition and the prize for each winner will be advised in the promotional material for that competition.
- The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
- The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
- No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability, and we reserve the right to substitute any prize with another of equivalent value without giving notice.
33. Winners will be chosen:
- At random by software provided by Wishpond from all entries received and verified by The Breath Effect.
- The winner will be notified by email within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
- The promoter will notify the winner when the prize will be sent.
- The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions. The competition and these terms and conditions will be governed by New Zealand law and any disputes will be subject to the exclusive jurisdiction of the courts of New Zealand.
- If you provide us with an email address you consent to us sending you emails for promotional purposes, note that you do have the option to unsubscribe from these emails at any time.
- The winner agrees to the use of his/her name in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current New Zealand data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
- Entry into the competition will be deemed as acceptance of these terms and conditions.
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to The Breath Effect and not to any other party.
Virtual Retreat Online Events
In consideration of the services of The Big Exhale Ltd and Emma Ferris, their agents, owners, officers, promoters, participants, employees and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “TBE”), I, as well as all members of the household participating in the virtual seminar with me, hereby agree to release, indemnify, and discharge, TBE, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in breathing and retreat activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardising the essential qualities of the activity.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless TBE from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of any materials provided by TBE, including any such claims which allege negligent acts or omissions of TBE. I understand the retreat and exercises is meant for myself only, and I shall not allow any other member of my household or anyone watching the seminar through my IP address to participate in the retreat, and I hereby release TBE from any such liability of such third parties.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- I understand that this is a virtual event to be experienced over the internet and I am fully responsible for all internet charges and connections which are required to participate in this seminar. TBE is not responsible for any computer failures, problems or errors, connection speed, interruptions of service or any technical or mechanical malfunctions, or any other malfunctions, whether caused by computer, servers, telephone, cable or satellites, human error, programming, equipment or otherwise related to the attempted entry into and participation during the seminar. Caution: Any attempt to deliberately damage any website or link affiliated with this seminar, by myself or whoever accesses the virtual seminar through my IP address, or otherwise undermine the legitimate operation of this seminar is a violation of criminal and civil laws, and if such attempt should be made, TBE reserves the right, in its sole discretion, to disqualify and remove any individual from participation in this seminar it finds to be tampering with the online operation of the seminar or to be acting in violation of these terms or in any unsportsmanlike, immoral, or disruptive manner, as well as seek damages or any other remedy available to it to the fullest extent permitted by law.
- In the event of any dispute, claim or cause of action arising from or connected with my attendance at this retreat, I agree to resolve any such dispute by binding arbitration pursuant to the terms hereof, and I further agree that the substantive law of the New Zealand I shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. The parties agree that the exclusive manner of resolving any and all disputes between them of any kind or nature whatsoever, including but not limited to disputes regarding validity, interpretation, enforcement or claimed breach of this
In consideration of my participation in the seminar presented by TBE and its vendors, I hereby generally release TBE and its agents, representatives, employees, promoters, vendors, contractors, successors, assigns, insurers and affiliated companies for any and all liability whatsoever related to TBE’s negligence, negligent conduct or omissions, or my participation in this seminar, including the breathing exercises.
Having been so apprised, I hereby elect to and do assume the risk for claims heretofore or hereafter arising, known or unknown, from this Release and from my participation in the retreat. I acknowledge that I have been given the opportunity to ask questions regarding any aspect of the release contained herein, and by signing below, do acknowledge that I have carefully and completely read and fully understand all aspects of the releases and agree to the terms in their entirety. By participation in or attending the virtual retreat “The Busy Woman’s Guide To Cultivating Calm”, I, on behalf of myself and any and all other members of the household watching with me or through my IP address, expressly agree not to record by audio, video, photography or any other means, any portion of this retreat, nor will the viewing party publish, post on the internet or otherwise make publicly available any recording of any portion of this Virtual Retreat. The viewing party hereby assigns, convey and transfer all right, title and interest including any copyright interest therein, in and to any recordings the viewing party might improperly make during this seminar to TBE and TBE shall be the sole and exclusive owner of any such recordings. The viewing party also understands that all physical, written and/or electronic materials provided by TBE (whether via streaming, digital download or any other method) in connection with this virtual retreat are protected by the copyright laws, and the viewing party agrees not to use it in any form after this seminar, other than for the viewing party’s personal use.
During the Virtual Retreat, video images, movies, photographs and audio recordings will be made by TBE, their agents or authorised independent contractors. As a result of my participation in the Virtual Retreat, I and the Viewing Party may be included in any such video, movie, photographic or audio reproduction. Any and all of said reproductions are the exclusive property of TBE and TBE is the exclusive copyright owner. I and the viewing party shall have no claim, right or interest to any of these recordings or reproductions and my signature hereto grants permission to TBE to use any of said recordings and reproductions in any responsible manner, including, but not limited to, promotional materials and commercial purposes. Such uses shall include and not be limited to commercial product, television infomercial, audio, CD and/or video tapes, internet and/or wireless transmission. These rights shall belong to TBE in perpetuity. All video, audio, photographic and written material purchased by or provided to me during TBE is protected by the copyright laws of New Zealand and other countries.
By registering for this retreat, I acknowledge that if anyone is hurt or property is damaged during my participation in these activities, I may be found by a court of law to have waived my right to maintain a lawsuit against TBE on the basis of any claims from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.