Vibrantactive
Legal

Terms of Use

These Terms of Use govern your access to and use of the Vibrantactive website and services. By using our website, you agree to these terms in full.

Last updated: Binding Agreement

1. Acceptance of Terms

By accessing or using the website located at https://vibrantactive.world (the "Website"), operated by Vibrantactive ("we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms"). If you do not agree with any part of these Terms, you must discontinue use of the Website immediately.

These Terms constitute a legally binding agreement between you and Vibrantactive. We reserve the right to modify these Terms at any time. Changes become effective upon posting to the Website with an updated revision date. Your continued use of the Website after changes are posted constitutes acceptance of the revised Terms.

2. About Our Services

Vibrantactive provides nature fitness programs, outdoor guidance, educational products, and consulting services based in Otaihanga, New Zealand. Our offerings include:

  • Structured outdoor activity programs and challenges
  • Personalised fitness plans and activity scheduling tools
  • Educational materials about movement techniques and outdoor preparation
  • One-on-one guidance and consulting sessions
  • General informational content about nature-based fitness

All content on this Website is provided for general informational and educational purposes only. Our services are non-medical in nature and are not intended to diagnose, treat, or prevent any condition. We do not provide medical, therapeutic, or healthcare services of any kind.

3. Eligibility

You must be at least 16 years of age to use this Website or purchase our services. By using the Website, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are accessing the Website on behalf of a minor, you represent that you are the parent or legal guardian and accept these Terms on their behalf.

You are responsible for ensuring that your participation in any nature fitness program or outdoor activity is appropriate for your personal circumstances. We strongly recommend consulting a qualified professional before beginning any new physical activity routine, particularly if you have pre-existing health considerations.

4. Permitted and Prohibited Website Use

4.1 Permitted Use

You may use the Website for lawful purposes including browsing informational content, submitting contact inquiries, purchasing programs, and accessing materials associated with services you have purchased.

4.2 Prohibited Use

You agree not to:

  • Use the Website in any way that violates applicable local, national, or international laws or regulations
  • Attempt to gain unauthorised access to any portion of the Website, other accounts, or connected systems
  • Transmit viruses, malware, or other harmful code through the Website
  • Scrape, crawl, or use automated tools to extract data from the Website without our written permission
  • Reproduce, distribute, or create derivative works from Website content without authorisation
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Interfere with or disrupt the Website's operation or the experience of other users
  • Use the Website to send unsolicited commercial communications
  • Submit false, misleading, or fraudulent information through our contact forms

5. Intellectual Property Rights

All content on the Website — including text, graphics, logos, program materials, educational resources, design elements, and software — is the property of Vibrantactive or its content suppliers and is protected by New Zealand and international copyright, trademark, and intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use Website content for personal, non-commercial purposes. This licence does not include the right to:

  • Modify, copy, or distribute Website content for commercial purposes
  • Reverse engineer or decompile any software components
  • Remove copyright, trademark, or other proprietary notices
  • Transfer purchased program materials to third parties without authorisation

Purchased programs and educational products are licensed for personal use by the purchasing individual unless otherwise agreed in writing.

6. User Conduct and Submissions

When you submit information through our contact form or communicate with our team, you agree that:

  • All information you provide is accurate and truthful to the best of your knowledge
  • You will not submit content that is defamatory, obscene, threatening, or otherwise objectionable
  • You grant us permission to use your submitted information to respond to your inquiry and provide requested services
  • Your submissions do not infringe upon the rights of any third party

We reserve the right to remove or refuse any submission that violates these Terms or that we deem inappropriate at our sole discretion.

7. Disclaimers

THE WEBSITE AND ALL CONTENT, PROGRAMS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the Website will be uninterrupted, error-free, or free of harmful components
  • Warranties regarding the accuracy, completeness, or reliability of any content
  • Warranties that participation in our programs will produce any specific outcome or result

Outdoor fitness activities involve inherent risks including uneven terrain, weather variability, and physical exertion. You participate in any activities suggested by our programs at your own risk. We provide educational guidance only and do not assume responsibility for injuries, accidents, or adverse events that may occur during outdoor activities.

Nothing on this Website constitutes professional medical, nutritional, or therapeutic advice. Always seek the guidance of qualified professionals regarding your ability to participate in physical activities.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIBRANTACTIVE, ITS DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, data, or goodwill
  • Personal injury or property damage related to outdoor activities
  • Service interruptions or data transmission failures
  • Errors or omissions in Website content
  • Actions of third parties linked from our Website

Our total aggregate liability for any claims arising under these Terms shall not exceed the amount you paid to us for services in the twelve months preceding the claim, or NZD $100 if no payment was made.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such cases, our liability is limited to the greatest extent permitted by applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Vibrantactive and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

  • Your use of the Website or services
  • Your violation of these Terms
  • Your violation of any rights of a third party
  • Your participation in outdoor activities based on our program materials
  • Any content you submit through the Website

The Website may contain links to third-party websites or services that are not owned or controlled by Vibrantactive. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. You access third-party links at your own risk and should review their terms and policies independently.

References to third-party products, services, or organisations on our Website do not constitute endorsement unless explicitly stated.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of New Zealand.

Before initiating formal legal proceedings, you agree to contact us and attempt to resolve the dispute informally for a period of 30 days. If informal resolution is unsuccessful, either party may pursue remedies available under applicable law.

If you are a consumer in a jurisdiction that provides mandatory consumer protection rights, those rights are not affected by these Terms to the extent they cannot be waived by agreement.

12. Termination

We may suspend or terminate your access to the Website at any time, with or without cause, and with or without notice. Upon termination, your right to use the Website ceases immediately. Provisions of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and indemnification — shall remain in effect.

You may discontinue use of the Website at any time. Purchased program materials remain accessible according to the terms of your purchase agreement and our Refund Policy.

13. Contact Information

For questions about these Terms of Use, contact:

Vibrantactive
140 Otaihanga Road, Otaihanga 5036, New Zealand
Email: hello@vibrantactive.world
Phone: +64 27 812 9619
Website: https://vibrantactive.world

Related policies: Privacy Policy | Cookie Policy | Refund Policy