General Terms & Conditions

1.Welcome to “The Big Exhale Ltd t/a The Breath Effect (we, us, our)”. We provide our services to you subject to the following conditions. If you visit or shop at The Breath Effect, you accept these conditions. Please read them carefully.

2.The Breath Effect may vary these terms and conditions at any time by publishing a revised version of the terms and conditions on this website. The law applicable to this website is the law of New Zealand. By visiting The Breath Effect, you agree that the laws of New Zealand will govern these conditions of use and any dispute of any sort that might arise between you and The Breath Effect.

Disclaimer Of Warranties And Limitation Of Liability

3.Subject to the provisions of consumer protection legislation that cannot be excluded, The Breath Effect accepts no liability arising from the information on this website, or on websites linked from this website, being incorrect, incomplete or misleading.

4.To the fullest extent permitted by law, The Breath Effect will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information on this website. Where conditions and warranties implied by law cannot be excluded, The Breath Effect limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.

5.To the fullest extent permitted by law, The Breath Effect does not give any express or implied warranties and makes no representations in relation to this website. In particular, while reasonable care is taken in its preparation, The Breath Effect does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose.

6.The Breath Effect makes no representations or warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. You expressly agree that your use of this site is at your sole risk. You agree, that if you are purchasing from The Breath Effect on behalf of a business the Consumers Guarantees Act 1993 (as amended) does not apply.

Comments, Feedback And Testimonials

7.If you provide us with comments, feedback or testimonials, whether written, verbal or otherwise, you consent to us using this information and or likeness in our marketing collateral. Please note we will not identify you by name unless you have given us permission to do so. Should you wish to revoke any information you have provided us please advise us by contacting [email protected], and we will remove reference to your remarks in any future collateral.

Other Policies And ModificationsPlease review our other policies, posted on this site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Contact Information

8.For questions or concerns you have about the Site, The Breath Effect products or your order on the Site, please contact us via email at [email protected].

The Breath Effect
P O Box 2723,Queenstown
New Zealand

Product Terms & Conditions

Accuracy Of Product Descriptions

9.The Breath Effect attempts to be as accurate as possible. However, The Breath Effect does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition to us.

Customer Accounts

10.If you use this site, you are responsible for maintaining the secrecy of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

11.The Breath Effect does sell items that are suitable for children, but it only sells them to adults, who can purchase with a credit card. If you are under 18, you may use The Breath Effect products only with involvement of a parent or guardian. The Breath Effect reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Orders

12.The Breath Effect reserves the right to refuse any order. In such case, The Breath Effect will notify you as soon as reasonably practicable and refund to you any payment in full.

13.All products ordered are for personal use and gifting only. They must not be resold in any form or any place; The Breath Effect reserves the right to take legal action against unauthorised and unofficial sale of goods.

Force Majeure

14.If The Breath Effect is delayed, hindered in or prevented from performing any of its obligations under any order by reason of any event or circumstance beyond its reasonable control, The Breath Effect will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.

Payment Information

Currency

15.All prices stated on the current website are denominated in New Zealand Dollars (NZD) unless stated otherwise. All orders are processed in New Zealand (NZD) unless stated otherwise.

16.All prices include GST when purchased in New Zealand and exclude GST when purchased elsewhere; prices do not include shipping, which is charged according to delivery location. Your bank may charge you a fee to transact in NZD, please refer to your bank terms and conditions for more information.

17.Prices are subject to change without notice. Product prices are regularly updated when price changes are received from our suppliers. International purchases may be charged in New Zealand dollars and may incur international transaction fees from your bank or financial institution if located outside of New Zealand.

18.The Breath Effect accepts Visa or Mastercard.

19.The amount payable to The Breath Effect for an order will be the total of the following amounts:

• 1.the sum of the price of each product ordered as indicated on the website at the time of submitting the order; and
• 2.the cost of delivery determined in accordance with delivery location.

You must pay the total amount by credit card at the time of submitting the order.

Intellectual Property Terms & Conditions

Copyright

20.All content on this website, including text, graphics, logos, photographs, audio and video clips product names, product formulation, and data compilations is the property of The Breath Effect or its content suppliers and protected by New Zealand and international copyright laws. The compilation of all content on this site is the exclusive property of The Breath Effect and protected by New Zealand and international copyright laws.

Trademarks

21.The Breath Effect and all related graphics, photographs, logos, and product and service names are trademarks (both registered and unregistered) of The Big Exhale Ltd or its affiliates in other countries. These trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without The Breath Effect’s express prior written consent.

Licence And Site Access

22.The Breath Effect grants you a limited licence to access and make personal use of this site and not to download or modify it, or any portion of it, except with The Breath Effect’s express prior written consent. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

23.This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of The Breath Effect. Any unauthorised use will automatically terminate the licence granted above.

24.You are granted a limited, revocable, and non-exclusive right to create a hyperlink to http://www.thebreatheffect.com so long as the link does not portray The Breath Effect, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner.

25.If requested by The Breath Effect, you must remove any hyperlink to this website contained on your website or any other digital content. You may not use any Breath Effect logo or other proprietary graphic or trademark as part of the link without The Breath Effect’s express prior written consent.

Events

Refund Policy

26.Please note we don’t offer refunds to our events. You are welcome to transfer your ticket to someone else if you can no longer attend – please advise us of this so we can update our records.

Photography & Video Recording

27.By purchasing a ticket to one of our events or attending one of our free classes, workshops or seminars you consent to us using your image and/or likeness in any photography or video recordings we create, unless otherwise advised by you. These recordings may be used for promotional purposes or otherwise at anytime in the future. Photographic, video or audio recording equipment for any purpose other than private non-commercial purposes is not permitted by any attendee of the event.

28.Accreditation must be acquired and approved by The Breath Effect team, prior to the event, should you wish to make any such recordings.

Comments, Feedback, Testimonials

29.If you provide us with comments, feedback or testimonials, whether written, verbal or otherwise, you consent to us using this information and or likeness in our marketing collateral. Please note we will not identify you by name unless you have given us permission to do so. Should you wish to revoke any information you have provided us please advise us by contacting [email protected] and we will remove reference to your remarks in any future collateral.

Courses

Refund Policy – Online Courses

30.Please choose online courses carefully before completing your order, no refunds, credits or transfers are available for online course purchases.

Terms & Conditions Of Competitions

31.General

• The promoter is: The Breath Effect, whose registered office is at 1Cheviot Place, Queenstown New Zealand, 9300.

• Employees of The Breath Effect or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.

• There is no entry fee and no purchase necessary to enter this competition.

• This completion is open to all persons residing in New Zealand and over the age of 15 years.

• Route to entry for the competition and details of how to enter will be advised in the promotional material for the relevant competition.

• Closing date for entry will be advised in the promotional material for the relevant competition. After this date no further entries to the competition will be permitted.

• No responsibility can be accepted for entries not received for whatever reason.

32.Prizes and winning

• The rules of any competition and the prize for each winner will be advised in the promotional material for that competition.

• The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

• The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

• No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability, and we reserve the right to substitute any prize with another of equivalent value without giving notice.

33.Winners will be chosen:

• At random by software provided by Mailerlite from all entries received and verified by The Breath Effect.

• The winner will be notified by email within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

• The promoter will notify the winner when the prize will be sent.

• The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

• By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions. The competition and these terms and conditions will be governed by New Zealand law and any disputes will be subject to the exclusive jurisdiction of the courts of New Zealand.

34.Publicity

• If you provide us with an email address you consent to us sending you emails for promotional purposes, note that you do have the option to unsubscribe from these emails at any time.

• The winner agrees to the use of his/her name in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current New Zealand data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

• Entry into the competition will be deemed as acceptance of these terms and conditions.

• This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to The Breath Effect and not to any other party.

Medical Disclaimer

“The Big Exhale Ltd (TBE) t/a The Breath Effect (we, us, our)”

We Want You To Be Safe

we would love to give everybody one-on-one breathing tuition, it simply isn’t practical. Instead, we have created an online program that aims to help the general public access affordable education and simple breathing training. By signing up to any of the TBE courses you are consenting to our terms and conditions and agree to our medical disclaimer.

Seek Professional Advice

Before participating in any advice or exercise program or using any advice or fitness products or services that may be described and/or made accessible in or through our website and/or our online courses, we strongly recommend that you consult with a physician or other healthcare provider.

What To Expect

While breathing is a natural habit, we know that changing long-term breathing patterns may bring on uncomfortable symptoms. Breathing retraining influences your body’s autonomic nervous system. Sometimes you can experience symptoms that feel uncomfortable or unsettling. Symptoms may include breathlessness, anxiety and “air hunger”. These are all normal and are particularly likely if you scored high on the Nijmegen Questionnaire. The techniques taught in the courses are designed to reduce these symptoms but it will take time. In some cases, you may require extra support from a therapist to help ease symptoms.

Medical Conditions

If you have any of the following symptoms, we recommended completing any TBE courses under the guidance of your doctor or breathing physiotherapist.

• Heart condition
• Unstable asthma
• COPD
• Diabetes
• Cancer
• Pregnant
• Blood pressure conditions
• Anxiety or any other mental health condition
• Returned a high score on the Nijmegen Questionnaire

If you are currently undergoing any medical interventions, we recommend you seek medical clearance before commencing the course. When practised correctly, the breathing techniques taught by TBE will help reduce symptoms of some medical treatments as well as aid post-operative recovery. It is, however, important to consult with your medical professional before starting.

Reactions that can occur

• Crying as tension or built-up stress is released
• Laughter
• Calmness
• An increase in anxiety as the body adjusts to calm or is unable to find a relaxed breathing pattern
• Air hunger due to a change in your body’s chemistry
• Yawning may occur as your body adjusts to new CO2 levels

TBE is not liable for any adverse reactions that occur from any of its courses.

Content

Our website (and all content on our website and social media platforms) and our online courses include information and instruction relating to wellness topics such as breathing, pilates, exercise and fitness, relationships and personal growth. You acknowledge and agree that the following warnings and disclaimers shall apply to all of our wellness content.

The Risks

While some of The Breath Effect’s content providers may be professional care providers, The Breath Effect, its staff and its content providers are not rendering professional advice of any kind to you personally, including without limitation, medical, psychological, emotional, relationship or personal growth advice, counselling, therapy, treatment or coaching but are merely providing general education and information to you about wellness topics. You acknowledge and agree that when participating in any breathing training, yoga, Pilates or exercise program there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.

Not A Substitute

Our wellness content is not meant to be a substitute for professional advice from your professional care provider and we make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in our wellness content. You are advised that health advice and other professional advice is often subject to updating and refining due to medical and other research and developments. We are committed to bringing you the most up to date information, however, we make no guarantee that the information herein is the most recent on any particular subject.

You should never disregard medical or other professional advice or delay seeking it because of a statement you have read and/or heard in our wellness content. Our wellness content should not be used in lieu of professional advice given by qualified medical professionals such as your doctor or registered physical therapist or other professional care provider.

Other Medical Conditions

If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical, psychological, emotional or medical condition, it is imperative that you seek the advice of your doctor or other professional care provider prior to using our wellness content. If you experience any discomfort or pain during an activity in our wellness content, such as breathing training or exercise routine, you must immediately cease the activity and seek the assistance of a physician or other applicable professional care provider.