Xluzarinthakis

Terms of Use

Last Updated: January 2025

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and Xluzarinthakis ("Company," "we," "our," or "us") governing your access to and use of the website https://xluzarinthakis.world (the "Website") and any related services, content, and features.

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Website.

2. Eligibility

You must be at least 16 years of age to use this Website. 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 an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Changes will be effective immediately upon posting the updated Terms on the Website with a new "Last Updated" date.

Your continued use of the Website after changes are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically. If you do not agree to the modified Terms, you must discontinue use of the Website.

4. Description of Services

The Website provides general lifestyle information, resources, and content related to managing daily stress and creating balance. The information provided is for educational and informational purposes only.

We reserve the right to modify, suspend, or discontinue any aspect of the Website or its services at any time without prior notice or liability.

5. Disclaimer of Professional Advice

The content on this Website is provided for general informational purposes only and does not constitute professional, medical, psychological, therapeutic, or any other form of expert advice.

The information should not be used as a substitute for professional consultation with qualified practitioners. Always seek the advice of qualified professionals regarding any specific questions or concerns you may have.

We make no representations or warranties regarding the accuracy, completeness, reliability, or suitability of the information provided. Any reliance you place on information from the Website is strictly at your own risk.

6. No Medical Claims

Nothing on this Website is intended to diagnose, treat, cure, or prevent any disease or medical condition. The lifestyle information provided does not replace professional medical advice, diagnosis, or treatment.

If you have or suspect you may have a health problem or medical condition, consult with a qualified healthcare provider immediately. Never disregard professional medical advice or delay seeking it because of information you read on this Website.

7. User Accounts and Registration

Currently, the Website does not require user registration or account creation. If we introduce account features in the future, additional terms will apply, and you will be required to:

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

8. Acceptable Use Policy

You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable local, national, or international law or regulation
  • Infringe upon or violate our intellectual property rights or the rights of others
  • Transmit any harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
  • Use any automated system, including robots, spiders, or scrapers, to access the Website
  • Attempt to gain unauthorized access to any portion of the Website or related systems
  • Introduce viruses, malware, or other malicious code
  • Interfere with or disrupt the Website's servers or networks
  • Collect or harvest personal information about other users
  • Use the Website for any commercial purpose without our express written consent

9. Intellectual Property Rights

9.1 Our Content

The Website and its entire contents, features, and functionality (including but not limited to text, graphics, images, logos, designs, photographs, videos, audio, software, and code) are owned by Xluzarinthakis or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes in accordance with these Terms. This license does not include any right to:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from any content
  • Use any content for commercial purposes or public display
  • Remove or alter any copyright, trademark, or other proprietary notices
  • Transfer the license to any third party

9.3 Trademarks

The name "Xluzarinthakis" and all related logos, product names, and service names are trademarks of Xluzarinthakis. You may not use these marks without our prior written permission.

10. User-Generated Content

10.1 Submissions

If you submit any content to us through the contact form, email, or other means (collectively, "User Content"), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, and display such User Content for any purpose related to our business operations.

10.2 Representations

By submitting User Content, you represent and warrant that:

  • You own or have the necessary rights to submit the content
  • The content does not violate any third-party rights
  • The content is accurate and not misleading
  • The content does not violate these Terms or applicable laws

10.3 Monitoring and Removal

We reserve the right, but have no obligation, to monitor, review, edit, or remove any User Content at our sole discretion, for any reason, without notice.

11. Third-Party Links and Resources

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any third-party content, goods, or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

12. Privacy and Data Protection

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and processing practices.

By using the Website, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

13. Disclaimers and Limitations of Liability

13.1 No Warranties

THE WEBSITE AND ALL CONTENT, SERVICES, AND FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • The Website will be uninterrupted, secure, or error-free
  • The results obtained from using the Website will be accurate or reliable
  • Any errors or defects will be corrected
  • The Website or servers are free of viruses or harmful components

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XLUZARINTHAKIS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Website
  • Any conduct or content of any third party on the Website
  • Any content obtained from the Website
  • Unauthorized access, use, or alteration of your transmissions or content

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

13.3 Maximum Liability

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE SHALL NOT EXCEED NZD $100.

14. Indemnification

You agree to defend, indemnify, and hold harmless Xluzarinthakis and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Website
  • Your violation of any rights of another party
  • Your User Content

15. Geographic Restrictions

The Website is operated from New Zealand and is intended for users located in New Zealand and other jurisdictions where access is lawful. We make no representation that the Website or its content is appropriate or available for use in all locations.

If you access the Website from outside New Zealand, you do so at your own risk and are responsible for compliance with local laws.

16. Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the courts of Wellington, New Zealand. You consent to the personal jurisdiction of such courts and waive any objection to venue.

18. Dispute Resolution

18.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at connect@xluzarinthakis.world to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.

18.2 Arbitration

If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms or the Website shall be resolved through binding arbitration in accordance with the Arbitration Act 1996 of New Zealand, except where prohibited by law.

18.3 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

20. Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

21. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Xluzarinthakis regarding the use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

22. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.

23. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

24. Contact Information

If you have any questions, concerns, or feedback regarding these Terms, please contact us:

Xluzarinthakis
15 Lambton Quay
Wellington 6011
New Zealand

Email: connect@xluzarinthakis.world
Phone: +64 4 471 8900

25. Acknowledgment

BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.