PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Vertu International Ltd (which includes www.serenitygardeners.com, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws.
By accessing and browsing the Site, you accept and acknowledge without limitation or qualification, the Terms of Use. These Terms of Use apply together with any additional terms that may apply to a particular product, programme, purchase or service. If there is any conflict between these general Terms and terms clearly stated for a particular product, programme, purchase or service, the specific terms applying to that purchase will prevail to the extent of the conflict.
1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Vertu International Ltd, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes.
Except where materials are expressly provided for download or personal use, Company Content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used for public or commercial purposes without the Company’s written permission. Any downloadable materials are provided for your personal, non-commercial use only and may not be resold, shared publicly or redistributed.
Access to paid programmes, products and member areas is licensed to the purchaser for their individual personal use only. Login credentials must not be shared, transferred or made available to another person unless the Company has expressly agreed otherwise.
Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials and may be subject to monetary damages and penalties. You may not distribute, modify, transmit, or use the content of the Site or any Content, including any and all software, tools, graphics, and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Serenity Gardeners”, are either the property of or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark, and all other intellectual property rights of others. The Company has the right but has no obligation, to remove content and accounts containing materials where the Company reasonably considers the content to be to be unlawful, abusive, infringing, harmful or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site. Nothing in this clause limits any rights or remedies available to you under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or other rights that cannot lawfully be excluded.
5.When you register, purchase a programme, join a community or otherwise use our services, you consent to receive communications reasonably necessary to provide those services, including purchase confirmations, access information, programme updates, support messages and important account notices. Promotional or marketing communications will only be sent where permitted by law, and you may unsubscribe from those communications at any time using the unsubscribe link provided or by contacting us.
6. You retain ownership of content you submit or share, including comments, photographs, stories, feedback and other materials. By submitting content through the Site or community areas, you grant the Company a limited, non-exclusive licence to host, display, reproduce and process that content only as reasonably necessary to operate and provide the relevant service. We will not use your personal photographs, stories or testimonials for external marketing or promotional purposes without appropriate permission. General suggestions, ideas or feedback you voluntarily provide about improving our products or services may be used by the Company without compensation, provided that such use does not identify you personally without your consent.
7. The Company takes reasonable steps to protect the security of the Site and information stored through it. However, no online system can be guaranteed to be completely secure. You are responsible for keeping your account login details confidential and for notifying us if you become aware of any unauthorised use of your account.
8. The Company handles personal information in accordance with its Privacy Policy and applicable New Zealand privacy law. By using the Site, you acknowledge that you have had the opportunity to review the Company's Privacy Policy, www.serenitygardeners.com/privacy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. The Company's programmes, content and resources are provided for educational and general wellbeing purposes only. They are not medical advice, therapy, counselling or treatment, and are not intended to diagnose, treat, cure or prevent any medical or mental-health condition.
The Company's programmes, services and community areas are intended for adults. By purchasing or registering for a paid service, you confirm that you are at least 18 years old and have legal capacity to enter into this agreement.
Individual experiences and results will vary. Any examples, personal experiences, research references or testimonials are provided for informational purposes and should not be interpreted as a guarantee of any particular outcome. If you have concerns about your physical or mental health, please seek advice from an appropriately qualified health professional.
You are responsible for choosing a sanctuary space and activities that are appropriate for your own circumstances and environment. Please use reasonable care around outdoor surfaces, steps, weather conditions, plants, animals, water features, candles, tools and other potential hazards. If you have any physical limitation or health concern, seek appropriate professional advice before undertaking an activity that may not be suitable for you.
The Company may make reasonable updates, improvements or substitutions to programme content, resources, technology or delivery methods from time to time. Any material change will be designed to preserve the overall nature and value of the product purchased.
We take reasonable care to ensure prices and offer details are accurate. If an obvious pricing, technical or typographical error occurs, the Company may correct the error and, where necessary, cancel the affected transaction and provide a full refund.
Prices are shown in the currency displayed at checkout. Applicable taxes may be added or accounted for where required by law. Your bank, card provider or payment service may apply currency-conversion or international transaction fees, which are outside the Company's control.
While the Company takes reasonable care in preparing and maintaining the Site and its content, it does not guarantee that the Site or content will always be uninterrupted, error-free, current, complete, secure, or free from viruses, bugs or other harmful components. You are responsible for using appropriate security protections on your own devices and systems.
To the maximum extent permitted by law, the Company will not be liable for indirect, incidental, special or consequential loss arising from use of, or inability to use, the Site, content or services. Nothing in this clause excludes or limits liability or consumer rights that cannot lawfully be excluded or limited under New Zealand law.
10. Some parts of the Site, programmes and services rely on third-party providers, including payment processors, hosting providers, email providers, community platforms, video or course-hosting services, and other software providers. The Company does not control those third-party systems and is not responsible for outages, interruptions, delays, technical failures, security incidents or service changes caused solely by a third-party provider and outside the Company’s reasonable control. Where practicable, the Company will make reasonable efforts to restore access, provide an alternative method of delivery, or otherwise assist affected customers. A temporary interruption caused by a third-party provider does not, by itself, entitle a customer to terminate their purchase or receive a refund where the Company is able to restore or provide reasonable alternative access within a reasonable period. This does not limit any rights or remedies that cannot lawfully be excluded under New Zealand consumer law.
14-Day Sanctuary Guarantee: Purchases of The 10-Minute Sanctuary Reset are covered by our 14-Day Sanctuary Guarantee. Your 14-day guarantee period begins when programme access is first made available to you. If you decide within that period that the programme is not right for you, contact us at [email protected] to request a refund.
For the Founding Release of The 10-Minute Sanctuary Reset, Founding Members receive lifetime access to the programme and Bonus #1, plus 12 months’ access to membership-based Bonuses #2–#5, unless otherwise stated at the time of purchase. Access periods for the Company's other products or services will be as stated in the applicable offer at the time of purchase.
“Lifetime access” means access for the operational lifetime of the relevant product, for as long as the Company continues to make that product available to purchasers. If the platform, programme or delivery method is permanently discontinued, the Company will make reasonable efforts to provide reasonable notice and give purchasers an opportunity to download applicable purchased materials before access is removed, where practicable and where those materials are capable of being provided for download.
Nothing in this clause limits any rights or remedies available under the Consumer Guarantees Act 1993 or other applicable New Zealand consumer law.
11. Where your purchase includes access to a community, you agree to treat other members respectfully and not to post abusive, discriminatory, threatening, unlawful, defamatory or harassing content. You must not share another member’s personal information, photographs, stories or community content outside the community without their permission. We may remove content or suspend community access where reasonably necessary to protect members or enforce these standards.
The Company cannot guarantee that another member will comply with these obligations and is not responsible for unauthorised conduct by another member that could not reasonably have been prevented by the Company.
Views, comments and information shared by community members are their own and do not necessarily represent or constitute advice from the Company. The community is not a medical, counselling or mental-health support service and member content should not be relied upon as professional advice.
12. To the maximum extent permitted by law, any liability of the Company arising from the Site, programmes or services will be limited to loss that is reasonably foreseeable and directly caused by the Company’s breach of its obligations. Nothing in these Terms excludes or limits any liability or right where it would be unlawful to do so, including rights and remedies available under the Consumer Guarantees Act 1993 and Fair Trading Act 1986.
13. From time to time, the Site or programme resources may include affiliate links. If you choose to purchase through an affiliate link, the Company may receive a small commission at no additional cost to you. Where affiliate links are used, we will identify them clearly - our Affiliate and Advertising Disclosure may be reviewed herewww.serenitygardeners.com/disclosure.
References to third-party books, products, websites, services, research or other resources are provided for information and convenience only. Unless expressly stated otherwise, the Company does not control and is not responsible for the availability, accuracy, safety or performance of those third-party resources.
14. You agree not to use the Site or services unlawfully, infringe the rights of others, upload or share harmful, abusive, defamatory, threatening or unlawful content, misuse community features, or otherwise breach these Terms.
You are responsible for content you choose to post or share and for ensuring that you have the right to use and share that content.
To the extent permitted by law, you agree to indemnify and hold harmless the Company and its directors, officers, employees and agents from reasonable losses, liabilities, claims, damages and costs arising directly from: (a) your material breach of these Terms; (b) your unlawful use of the Site or services; (c) content you submit that infringes another person’s intellectual property, privacy or other legal rights; or (d) your fraudulent, wilful or seriously improper conduct.
This indemnity does not apply to loss caused by the Company’s own breach, negligence or unlawful conduct.
The Company may suspend or terminate access to the Site, programmes, services or community where reasonably necessary because of a serious or repeated breach of these Terms, non-payment, fraudulent or unauthorised use, account sharing, unlawful conduct, harassment, abuse, infringement of another person’s rights, misuse of the Site, or conduct that threatens the security or operation of the Site or services.
Where reasonably practicable, the Company will provide notice and an opportunity to remedy the breach before terminating paid access, except where immediate action is reasonably necessary to protect the Company, other users or third parties.
Termination or suspension under this clause does not affect rights or remedies that cannot lawfully be excluded under New Zealand law.
The Company may suspend access where payment is overdue, reversed, disputed or subject to a chargeback, while the matter is being resolved. A chargeback does not remove any payment obligation where the charge was validly authorised and the relevant service was supplied, subject to applicable law and any valid refund or consumer remedy.
15. The Company will not be responsible for delay or temporary failure to perform an obligation where this is caused by an event outside its reasonable control, including natural disasters, fire, flood, severe weather, widespread telecommunications or utility failures, government action, civil disturbance, pandemic, or serious illness or incapacity affecting essential personnel where no reasonable alternative is available. The Company will take reasonable steps to minimise disruption and resume performance as soon as reasonably practicable. Nothing in this clause limits rights or remedies that cannot lawfully be excluded under applicable consumer law.
16. Where these Terms expressly confer a benefit or protection on the Company’s directors, officers, employees, agents, affiliates, service providers, content providers or licensors, those persons may rely on and enforce the relevant provision to the extent permitted by law.
17. These Terms are governed by the laws of New Zealand. However, nothing in these Terms is intended to exclude any mandatory consumer rights that apply to you under the law of your country of residence and that cannot lawfully be excluded by agreement. Except where mandatory law provides otherwise, any dispute arising from or relating to these Terms, the Site, or our products and services will be subject to the jurisdiction of the courts of New Zealand. If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as severable and the remaining provisions will continue in full force and effect.
18. If a dispute arises, we encourage you to contact us first at [email protected] so we can try to resolve the matter promptly and in good faith. Nothing in this clause prevents either party from exercising any legal right or remedy available to them.
19. We may update these Terms of Use from time to time to reflect changes in our services, business practices or legal obligations. Any updated Terms will be posted on this page.
Changes will not retrospectively remove rights you have already acquired under an existing purchase unless required by law. Where a material change affects an existing paid service, we will take reasonable steps to notify affected customers.
