WEBSITE TERMS AND CONDITIONS

Dear Mummy Limited t/as Tui Fleming
Company number: 5795074
NZBN: 9429041960202


Thank you for visiting our Website and respecting our Terms of Use. We’re thrilled you’re here.
If you have questions at any time, please do not hesitate to contact us.

Acceptance of Terms

By accessing, downloading, or using the products and services offered on http://tuifleming.com (Website) 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.

Act 1986.

User Accounts and Personal Details

You may be provided with a User account or digital portal to access the Services or Website 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 or particular 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 Program or Service on the Website (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

Acceptable Use

You must not:

  • use our Website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  • use our Website 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 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 without our expressed written consent;
    access or otherwise interact with our website using any robot, spider or other automated means;
  • use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

Unless otherwise stated on the Website, you must not use data collected from our Website 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, or in relation to our Website, is accurate, current, complete and non-misleading.

User Content

We may give you access to our Services, 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’s services and content. If you think anyone is violating any of these Terms, please notify us immediately.

Quality of the Website and Security of Information

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

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.

Payments and Purchases

You must pay for any purchase or order in full at the time of ordering by one of the payment methods we provide on the Website. Products or goods are not shipped or released until payment has been confirmed. We do not accept or offer lay-bys or instalment payments.

Acceptance and continued access to our Services, Products 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 Product, Program or Service 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 Services, Products or Programs through the Website, 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 NZD Dollars regardless what currency you select or the Website displays.

We (or our payment-processing merchant) may securely collect all information obtained during your purchase or transaction for the Services, Products 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 can be located here.

If we agree to accept credit card payments for the Services, Products 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, are inclusive of GST. We will issue an invoice authenticating that we have received payment and you have paid for the Service. 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 Services, Programs or Products 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 Services, Products or Programs relevant to you.

By purchasing any of the Services, Products 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 Service, Product or Program.

Payment terms in respect of Services are strict and you agree to pay for our Services, Products or Programs as indicated on our Website. 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 Services, Products or Programs from time to time, without notice, however, we may not change the price of an agreed sale.

Online Shopping Terms: Shipping and Delivery:

New Zealand Deliveries

  • All orders are sent by Fastway courier service.
    The delivery fee is $5 for an A5 package. This can fit a maximum of 2 books within it.
  • More than 2 books is considered a bulk purchase and we will get in touch to discuss delivery options with you.
  • All orders are dispatched within 1-2 working days. You will receive an email confirmation when your order has been processed and is on its way to you. Please allow up to two working days for delivery.
  • We use a signature required service for orders with the exception of rural deliveries.

Australian Deliveries

  • All orders are sent by NZ Post.
  • The delivery fee is $10 for an A5 package. This can fit a maximum of 2 books within it.
    More than 2 books is considered a bulk purchase and we will get in touch to discuss delivery options with you.
  • All orders are dispatched within 1-2 working days. You will receive an email confirmation when your order has been processed and is on it’s way to you. Please allow 5-10 working days for delivery.
  • The parcels are untracked and no signature is required.

International Deliveries

We would love to have Mummies the world over have access to our books and Products and will happily send Products anywhere in the world.  Please email [email protected] and we will look into the NZ post/delivery fee to your country, and we can arrange a direct transaction. Any taxes, duty or other fees incurred on arrival internationally will be the responsibility of the customer.

Bulk Purchases

If you are interested in a bulk purchase (four or more books), please email [email protected] to arrange.

Returns, Refunds and Cancellations

Return or replacement of physical products (books)
Great care has been taken in crafting the book ‘Dear Mummy, You’re Important Too‘ and other books and Products we may offer for purchase from time to time. So unless the Product is damaged, your purchase is non-refundable.

If you have purchased a damaged physical Product (ie, a book), we will gladly replace the defective or faulty item with an undamaged replacement of the item. Please take a photograph of the damage and send it to us when this occurs so we can arrange the return or replacement. If a product has been damaged in transit, please let us know immediately and we will contact the courier company directly to sort out any claims.

In relation to any Programs offered, please refer to the terms and conditions of each Program regarding our refund policy.

Digital product refunds

We do not usually offer refunds for digital products 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 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.

We note that our Services and Products (including, but not limited to, the information services provided through this Website) come with guarantees and/or warranties that cannot be excluded under the New Zealand Consumer Law.

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 Service, Product 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 Service, Product or Program.

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.

Confidentiality

You agree that you will not disclose any Confidential Information, ideas, plans, or trade secrets 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 unauthorized 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 (any Products and Programs as applicable from time to time) 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 Services, Website and/or Products or Programs made available to you solely for your own personal, non-commercial purposes.

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

By You to Tui Fleming

By making any User Content available through or in connection with the Website 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 Services, Programs and Products (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, Services, Products and Programs is subject to our Privacy Policy, which forms part of these Terms.

By using our Services, Programs and Products and accessing our Website 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 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, 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 Services, Website, 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 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 Services, Website, 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 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 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 Services, Product 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, Products, Programs, Services 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 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, 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.

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 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, 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. 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, Services, Content, Programs, Products and any business decision undertaken by you arising from the use of the Website.

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, Content, any linked website, your reliance on any information obtained through the Website or your use of any services on the Website, 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 Services, Product 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 or any breach by you or your agents of these Terms.

In accordance with clause 13 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, or through use of our Products, Programs, Content, Website or Services.

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 by emailing us at [email protected]

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 http://tuifleming.com, and supersede any prior agreement, understanding or arrangement between you, us and http://tuifleming.com, whether oral or in writing.

17. Definitions

Tui Fleming means Dear Mummy Limited t/as 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 downloadable learning materials (including the content contained within downloadable meditations, digital products and hard copy books for sale).

Products means any tangible product, digital product or online resource or downloadable content made available on the Website for sale or through an associated digital platform or landing page (including 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 from time to time.

Services means any professional or business services provided to you through the Website.

Terms refers to these Terms and Conditions.
User means a visitor to the Website or user of the Website content.

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: http://tuifleming.com

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

Contact Us:

Should you have any further questions or should you have any enquiries or feedback please contact us at [email protected]

Last Updated: August 2018