TERMS AND CONDITIONS

Anakiwa Inspired Limited T/A Tui Fleming
Company number: 5795074
NZBN: 9429041960202

Thank you for respecting our Terms.
If you have questions at any time, please do not hesitate to contact us.

Acceptance of Terms

By accessing, downloading, or using the Products, Services and Programs offered on https://tuifleming.com (Website) and https://pulsebytui.mvt.so (App) and all Tui Fleming downloadable content and material provided (Content), you acknowledge that you have read and agree to be bound by these Terms and Conditions (Terms). Tui Fleming (We, Us, and Our) may modify these Terms at any time without prior notice to you. If we do, the new Terms will be uploaded on this web page. Your continued use of our products, programs and services constitutes acceptance of any changes to these Terms.

User Accounts and Personal Details

You may be provided with a User account or digital portal to access the Website, App or Content from time to time. You agree and acknowledge that all information and personal data you provide to Us will be true, accurate, current and complete. Your Personal Data will be treated strictly and in accordance with our Privacy Policy. Please read it carefully for information on how we collect, use, store and disclose your personal data and information.

By registering your details with us, you warrant that you are authorised to register for and/or use the Website, App or particular product, service or program (as applicable from time to time). We reserve the right to terminate your registration without notice, for any reason, if we determine that you have breached these Terms.

By registering for any product, service or program on the Website or App (if applicable), you warrant that You are responsible for maintaining the confidentiality of your password and account and are responsible for all activities that occur under your account.

Conditions of Use of the Website and App

Acceptable Use

You must not:

use our Website and App in any way or take any action that causes, or may cause, damage to the website or app, or impairment of the performance, availability or accessibility of the Website and App;
use our Website and App in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
use our Website and App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website and App without our expressed written consent;
access or otherwise interact with our Website and App using any robot, spider or other automated means;
use data collected from our Website and App for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

Unless otherwise stated on the Website and App, you must not use data collected from our Website or App to contact third party individuals, companies (partners/franchises/etc.) or other persons or entities. You must ensure that all the information you supply to us through our Website and App, or in relation to our Website and App, is accurate, current, complete and non-misleading.

User Content

We may give you access to our products, services, programs, community forums, social media groups or platforms in which you may post or publish material including comments, photos, and messages (User Content). This includes material transmitted through computers, mobile phone messaging, email, social media platforms, and classifieds.

When posting User Content, you agree that you will not post or publish:

information or content that is unlawful, harmful, fraudulent, misleading, deceptive, obscene, indecent, lewd, threatening, offensive, abusive, harassing, degrading, intimidating, libelous, defamatory, inflammatory, or objectionable.
information or content about another person without that person’s consent.
information or content that promotes or advertises a business, event, group, or activity organised through competing social clubs except when permitted by us.
any chain letters, pyramid or Ponzi schemes, investment opportunities, or other unsolicited material, except where expressly permitted by us.
information or content about a business owned by another person which is confidential or contains business secrets.

We reserve the right to remove, review, or modify your User Content, unregister your account, and/or terminate your use of our Website and App’s services and content. If you think anyone is violating any of these Terms, please notify us immediately.

Quality of the Website and App, and Security of Information

Whilst we always endeavour to make sure our Website and App is available to view and up to date, we do not promise that the Website and App will be error-free or uninterrupted. The Website, App and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Website and App will be free of viruses or contamination or destructive features.

Receipt of emails, or other Internet based communications from us such as via Facebook, Instagram or X (or other social media platforms) cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the Website and App.

No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, any information which you transmit to us is transmitted at your own risk. Nevertheless, we will take all reasonable steps to preserve the security of such information and will do so in accordance with our Privacy Policy.

Third Party and External Services

We may enable access to third-party Services and Content or Websites (External Services) however to the extent you choose to use such External Services you agree that we do not guarantee the accuracy, integrity or quality of third party External Services, and shall not be liable for any third-party External Services.

Payments and Purchases

You must pay for any purchase or order in full at the time of ordering, or in instalments as offered from time to time, by one of the payment methods we provide on the Website and App. Content, Products, Services and Programs are not shipped or released until payment has been confirmed. Services and Programs paid in instalments will not be delivered in full until the final instalment has been paid in full.

Acceptance and continued access to our Content, Products, Services and Programs is always subject to you making payment first.

You must be fully entitled to use the payment method or account used for purchases and you must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the Content, Product, Service or Program and carry out security checks from time to time.

Payment methods and credit cards

Payment is made via credit card and PayPal (unless otherwise specified or agreed).

From time to time, we may use other payment-processing merchants for purchases and payments, or third-party payment platforms, where you may be directed and reserve the right to change our preferred gateway at that time.

By purchasing any Content, Product, Services or Programs through the Website and App, you agree to comply with our terms of Purchases and Payment as well as those provided by the payment-processing merchant or those of the payment platform.

All transactions are processed in the currency shown at the time of purchase.

We (or our payment-processing merchant) may securely collect all information obtained during your purchase or transaction for the Content, Products, Services or Programs. All of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be securely collected. Information and personal data is always collected in accordance with our Privacy Policy which is accessible via every page on our website, from the bottom footer.

If we agree to accept credit card payments for the Content, Products, Services or Programs from You, you agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway unless caused by our fraud or the fraud of our employees.

To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card for any unpaid charges on the dates set forth herein.

Goods and Services Tax (GST)

Payments for all goods purchased in New Zealand, including international transactions, attract a component of GST. We will issue an invoice authenticating that we have received payment and you have paid for the Content, Product, Service or Program. The receipt of payment that we issue to you will be a Tax Invoice in accordance with applicable legislative requirements relating to GST in New Zealand.

Terms of Purchase

Not all Content, Products, Services or Programs will have the same terms of purchase, options for payment or fees. It is your responsibility to review the applicable terms and costs for the Content, Products, Services or Programs relevant to you.

By purchasing any of the Content, Products, Services or Programs, being a party to a sale, you agree to the cost of sale (Price), as advertised by us at the time of the sale, after which time access will be granted to the Content, Product, Service or Program.

Payment terms in respect of Content, Products, Services and Programs are strict and you agree to pay for our Content, Products, Services and Programs as indicated on our Website and App. You understand that late payments may incur extra charges and a Mercantile Collection Agent may be engaged (at your cost) should you refuse to pay for Services rendered, regardless of how much of the project has been completed.

We reserve the right to change the Price of any Content, Product, Services or Programs from time to time, without notice, however, we may not change the price of an agreed sale.

Returns, Refunds and Cancellations

Digital product refunds

We do not usually offer refunds for digital Content, Products or Programs however, in some circumstances, where failures for digital delivery cannot be rectified, we may consider a refund, in our sole discretion.

Refunds for Services

Refunds for Services purchased through the Website and App will only be considered when options for remedies, or a replacement or re-scheduling of the Services have been exhausted (and in accordance with New Zealand consumer law). It is in Our sole discretion to grant a refund or cancellation for change of mind.

Upon receipt of a refund, your agreement with us is at an end. You agree that this is your sole remedy in these circumstances, other than any rights that may be available to you under the New Zealand Consumer Law, or in certain circumstances, the laws of your jurisdiction.

We may terminate a contract or cancel an order if the Product, Service or Program is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the Product, Service or Program.

Confidentiality

You agree that you will not disclose any Confidential Information, ideas, plans, or trade secrets of Tui Fleming, nor copy any registered trademark or copyright works of Tui Fleming and/or its representatives or of other Users of the Website, except when consent is expressly obtained by the appropriate person.

You acknowledge that:

Confidential Information shared by Users or any of our representatives belongs solely and exclusively to the person who discloses it.
Not to disclose such information to any other person, except in accordance with these Terms.
Any material or information provided to you by us remains our confidential and proprietary information and intellectual property.

If you violate these confidentiality terms, we may be entitled to pursue legal proceedings against you to protect the confidentiality of the information and material.

Disclosure of Information: We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties. Please refer to our Privacy Policy for our policy on disclosure of Personal Data.

Your Privacy

We are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Our Website’s secure server software encrypts all customer information before it is sent to us.

Furthermore, all of the Personal and customer data We collect is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

Grant of Licences

By Tui Fleming To You

The Services and Website and App (and any Content, Products and Programs within) are the property of Tui Fleming and its licensors, and are licensed, not sold to you under these Terms. Subject to these Terms, We grant you a limited non-exclusive, non-transferable, non-sub-licensable license to download and install a copy of the App and/or Content, Products, Services or Programs made available to you via the App or via Tui Fleming directly, solely for your own personal, non-commercial purposes.

You agree you may not (i) copy, modify, or create derivative works based on the Content, Products, Services and Programs (ii) distribute, transfer, sublicense, lease, lend, or rent the Website, App, Content, Products, Services, Programs to any third party; (iii) modify, decompile, or disassemble the Website, App, Content, Products, Services, Programs.

By You to Tui Fleming

By making any User Content available through or in connection with the Website or App or Services, you grant Us a non-exclusive, perpetual, irrevocable, transferable, non-sub-licensable, worldwide, royalty-free license to use, copy, cache, store, archive, reproduce, record, modify, publicly display, publicly perform, publish, republish promote, exhibit, distribute, transmit, broadcast, synchronise, edit, adapt, sublicense, create derivative works based upon your User Content in connection with operating and providing the Website, App and Services (and the advertising, marketing and promotion thereof).

You acknowledge and agree that you are responsible for all your User Content and that you have read and understand the provisions relating to how we share and use your content our Privacy Policy. The use of our Website, App, Products, Services and Programs is subject to our Privacy Policy, which forms part of these Terms.

By using our Products, Services, Programs and accessing our Website, App and Content, you further agree to allow us to use, modify, and reproduce your brand and associated images on our website and content for marketing and social media purposes.

Intellectual Property

This Website and App contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics and copyrighted works contained within the Website, App, Content, Products, Services and Programs.

This Agreement does not transfer any Intellectual Property Rights from Tui Fleming to you or any third parties. If you infringe the Intellectual Property Rights of Tui Fleming or any other third party, Tui Fleming has the right to deny access to or terminate your use of the Website, App, Services, Content, Products or Programs.

You acknowledge and agree to respect the Intellectual Property Rights of others, including but not limited to Tui Fleming, Users, licensors, external service providers and third parties, by not using, reproducing or exploiting any Content or User Content that infringes their Intellectual Property Rights recognised throughout the world, whether existing under statute, at Common Law or in equity, now or hereafter in force.

We expressly reserve all intellectual property rights in respect of all documents, information and materials on our Website and App, and we reserve the right to take action against you if you breach any of these Terms.

You may not, except with our express written permission, distribute or commercially exploit the Content nor may you transmit it or store it in any other website or other form of electronic retrieval system. You are granted no right or license with respect to the Tui Fleming trademarks, service marks, graphics, and logos used in connection with the Website, App, Services, Products or Programs.

To the extent that one of our clients has provided a testimonial in relation to my services, it may be displayed or used on this Website and related App as part of my professional portfolio and is always displayed with the consent of that User or client and in accordance with the grant of licences under this Agreement.

Termination

In Our sole and absolute discretion, we may suspend or terminate your access and/or future access to the Website and App effective immediately, with no liability to you or any third party for the following reasons:

Where you are in material breach of any of the Terms or any related Tui Fleming policies;
Where at any time you have committed any act of wilful or serious misconduct;
If You fail to pay any fees, payments or expenses properly payable to us for the Content, Product, Services or Program;
Where you have created an unacceptable risk or possible negative or damaging exposure for us;
Where there are unexpected technical issues or problems;
At the request of a law enforcement or government authority; or
Upon a request by You.

This clause (and the clauses regarding Intellectual Property, Dispute Resolution, Governing Jurisdiction and Confidentiality) survive the termination or cancellation of these Terms, and the parties’ rights and obligations under, or arising from the operation of, those clauses will continue to be enforceable by or against each of them notwithstanding such termination or conclusion.

Disclaimers

Risk is inherent in all forms of business activity and you acknowledge that any decision made by you for your business is made through your own free will, skill, and common sense.

Representations of financial data or other business or coaching results referenced on this Website or on or in any of our Content, are merely illustrations of other projects we have undertaken or clients that we have worked with. We cannot guarantee that you will receive the same or similar results. Any testimonials found within our Website, App, Products, Services, Programs and/or Content are not to be taken as a guarantee that you will achieve the same or similar results.

We give no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our Website and App or its server is free of viruses or any other harmful components.

Whilst we at all times endeavour to have the most accurate, reliable and up-to-date information on our Website and App, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

Limitation of Liability

Certain legislation in New Zealand may provide consumer guarantees or impose obligations on Tui Fleming which cannot be excluded, restricted or modified, or only to a limited extent. These Terms are subject to such legislation, including without limitation New Zealand Consumer Law.

Any and all information contained within the Products, Services, Programs and Content provided or via the Website or App or directly by Tui Fleming, does not constitute medical, financial, or legal advice. The Products, Services, Programs and Content does not involve the diagnosis or treatment of mental disorders as defined by the New Zealand Psychological Society and are not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by medical, legal or other qualified professionals.

You acknowledge and agree that Tui Fleming, and its officers, agents and/or representatives are not responsible for any losses, damages or Claims or Consequential Loss that may arise out of any business or personal decision made by you at any time.

Further, it is an essential pre-condition to you using our Website and App that you agree and accept that we are not legally responsible for any loss or damage or Claim you might suffer related to your use of the Website and App, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Website and App. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this Website is entirely at your own risk, for which we shall not be liable.

You agree to accept all risks, foreseeable or non-foreseeable arising from our Website, App, Content, Products, Services and Programs, and any business decision undertaken by you arising from the use of the Website and App.

To the extent permitted by law, in no event will we (or our employees, agents and/or subcontractors) be liable to you for any Claims or Consequential Loss suffered or incurred by you and arising out of or in connection with your access to or use of the Website, App, Content, Products, Services, Programs, any linked website, your reliance on any information obtained through the Website and App or your use of any services on the Website and App, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

In any event, the total liability, if any, will be limited to the price paid for the Content, Product, Services, Services or Program (as applicable).

Indemnity

You indemnify us from all Claims, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, Content, Products, Services, Programs, Website, App or any breach by you or your agents of these Terms.

In accordance with the Liability clause of these Terms, you acknowledge and agree that We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages, Consequential Loss or Claims of any kind arising out of use, reference to, or reliance on any information contained within our Website and App, or through use of our Content, Products, Services, Programs, Website and App.

Dispute Resolution

In the event of any dispute under these Terms, the parties agree to negotiate in good faith to resolve the dispute. Please notify us of any problems or issues arising out of use of the Website or App by emailing us at he***@********ng.com.

Any dispute or difference whatsoever arising out of or in connection with these Terms which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, NZDRC (New Zealand Dispute Resolution Centre).

Governing Law

The laws of New Zealand governs these terms. You agree to submit to the exclusive jurisdiction of the courts of the State of New Zealand, or other such competent courts, to resolve any dispute or claim arising from these Terms.

Entire Agreement

These Terms make up the entire agreement between you, us and https://tuifleming.com, and supersede any prior agreement, understanding or arrangement between you, us and https://tuifleming.com, whether oral or in writing.

Definitions

Tui Fleming means Anakiwa Inspired Limited T/A Tui Fleming NZBN: 9429041960202 (and any of her employees, officers or agents).

Claim means any claim, notice, demand, debt, account, action, expense, cost, lien, liability, loss, proceedings, litigation (including reasonable legal costs), investigation or judgment of any nature, whether known or unknown.

Confidential Information means information, data, ideas, plans and trade secrets that is confidential and proprietary.

Consequential Loss means direct, indirect, incidental, punitive, special, exemplary or consequential damages (or any loss of revenue, loss of continued work, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect).

Content means all content and material including audio, video and text, found within the Website and App and downloadable learning materials (including the content contained within downloadable audio, digital products and hard copy books for sale), as well as any of the same provided directly by Tui Fleming to you (eg. via email or other means).

New Zealand Consumer Law means the law in New Zealand relating to relating to consumers including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

Products means any tangible product, digital product or online resource or downloadable content made available on the Website and App (whether for sale or provided freely) or through an associated digital platform or landing page. This includes event tickets and/or hard copy books sold from time to time.

Programs means any online course or program or membership service offered through the Website and App from time to time, and any program provided directly by Tui Fleming (eg. delivered in person or via an online platform such as Zoom).

Recordings means audio or video recordings that are stored or displayed by Tui Fleming on the Website and App or through its social media or other digital platforms.

Services means any professional or business services provided to you through your contact of Tui Fleming via the Website and App or any other communication means.

Terms refers to these Terms and Conditions.

User means a visitor to the Website and App or user of the Products, Services, Programs and Content provided on or via the Website and App.

User Content means all material including audio, video, and text, provided by a User.

Website means the Tui Fleming website located at the following url: https://tuifleming.com

Contact Us

Should you have any further questions or should you have any enquiries or feedback please contact us at he***@********ng.com

Last Updated: November 2025