Terms of Use

Last Updated: January 2024

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement between you and Spark New Zealand Limited, trading as Kholvexxuzphol. By accessing or using our website and services, you agree to be bound by these terms. If you do not agree, please discontinue use immediately.

2. Company Information

Company Name: Spark New Zealand Limited
Trading As: Kholvexxuzphol
Address: 167 Victoria Street West, Auckland Central, Auckland 1010, New Zealand
Phone: +64 800 800 123
Email: managers@kholvexxuzphol.world

3. Services Description

Kholvexxuzphol provides active break programs and workplace wellbeing services for organizations in New Zealand. Our services include on-site sessions, virtual programs, workshops, and ongoing subscription programs designed to support employee wellbeing and workplace culture.

4. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our services. By using our website, you represent and warrant that you meet these requirements.

5. User Accounts and Registration

Certain features may require account registration. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

6. Acceptable Use

You agree to use our website and services only for lawful purposes. You must not:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit harmful code, viruses, or malware
• Attempt unauthorized access to our systems
• Interfere with website functionality or security
• Collect user information without consent
• Engage in fraudulent or deceptive practices
• Harass, abuse, or harm others
• Use automated systems to access the website without permission

7. Intellectual Property Rights

All content on this website, including text, graphics, logos, images, videos, and software, is the property of Kholvexxuzphol or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may view and print content for personal, non-commercial use only. You may not:

• Reproduce, distribute, or publicly display content without permission
• Modify, create derivative works, or reverse engineer content
• Remove copyright or proprietary notices
• Use content for commercial purposes without authorization

8. Service Terms and Booking

8.1 Service Agreements

Specific terms for service delivery will be outlined in separate service agreements or contracts. These Terms of Use apply in addition to any service-specific terms.

8.2 Booking and Scheduling

Program bookings are subject to availability. We reserve the right to modify schedules or cancel sessions due to unforeseen circumstances, with reasonable notice provided.

8.3 Client Responsibilities

Clients are responsible for:

• Providing accurate information about participants and requirements
• Ensuring appropriate space and facilities for on-site sessions
• Communicating schedule changes or cancellations promptly
• Ensuring participant safety and suitability for activities

9. Disclaimer of Warranties

Our services are provided for educational and informational purposes to support general wellbeing. They do not constitute medical diagnosis, treatment, or advice.

The website and services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Accuracy, reliability, or completeness of content
• Uninterrupted or error-free operation
• Security or freedom from harmful components

10. Limitation of Liability

To the maximum extent permitted by law, Kholvexxuzphol and its officers, directors, employees, and agents shall not be liable for:

• Indirect, incidental, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury or property damage arising from service use
• Third-party actions or content

Our total liability for any claim shall not exceed the amount paid by you for services in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kholvexxuzphol from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our website or services
• Your violation of these Terms of Use
• Your violation of any rights of third parties
• Your negligence or willful misconduct

12. Health and Safety

Participants should consult healthcare professionals before engaging in physical activities, especially if they have chronic conditions, injuries, or health concerns. Participation is voluntary and at the participant's own risk.

13. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy. By using our services, you consent to our data practices as described in the Privacy Policy.

14. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of third-party sites. Access is at your own risk.

15. Modifications to Terms

We reserve the right to modify these Terms of Use at any time. Changes will be effective upon posting to the website with an updated date. Continued use after changes constitutes acceptance of the modified terms.

16. Termination

We may suspend or terminate your access to our website or services at any time, with or without cause or notice, for violation of these terms or other reasons at our discretion.

17. Governing Law and Jurisdiction

These Terms of Use are governed by the laws of New Zealand. Any disputes shall be subject to the exclusive jurisdiction of the courts of New Zealand.

18. Dispute Resolution

In the event of a dispute, parties agree to first attempt resolution through good faith negotiation. If negotiation fails, disputes may be resolved through mediation before pursuing litigation.

19. Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms of Use, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Kholvexxuzphol regarding use of our website and services.

21. Contact Information

For questions about these Terms of Use, please contact us:

Email: managers@kholvexxuzphol.world
Phone: +64 800 800 123
Mail: Spark New Zealand Limited, 167 Victoria Street West, Auckland Central, Auckland 1010, New Zealand