Terms of Use

Last updated: 20 June 2026

These Terms of Use ("Terms") govern your access to and use of the website energaescrubix.world operated by Energaescrubix.ddd ("we", "us", "our") and your participation in the Movement Every Day club. By accessing or using this website, you agree to these Terms. If you do not agree, please do not use the site.

These Terms are governed by the laws of New Zealand, including the Contract and Commercial Law Act 2017, the Fair Trading Act 1986, the Consumer Guarantees Act 1993 (where applicable), the Privacy Act 2020, and the Harmful Digital Communications Act 2015.

1. Website Operator

Energaescrubix.ddd
11 View Road, Tītahi Bay, Porirua 5022, New Zealand
Email: feedback@energaescrubix.world
Phone: +64 27 453 9099

2. Nature of Content and Disclaimer

All content on this website is provided for general lifestyle and informational purposes only. It does not constitute professional, medical, or fitness advice. Content is not a substitute for personalised guidance from a qualified professional.

Nothing on this website is intended to diagnose, treat, or prevent any condition. You are solely responsible for assessing whether any activity described on this site is appropriate for your individual circumstances. We make no representations or warranties about the completeness, accuracy, or suitability of content for any particular purpose, to the extent permitted by the Fair Trading Act 1986 and other applicable New Zealand law.

3. Club Participation and Physical Activities

Participation in Movement Every Day challenges, group walks, and events is voluntary and at your own risk. You are responsible for:

• Assessing your own physical capacity before participating in any activity.
• Choosing environments, routes, and intensity levels appropriate to your ability and local conditions.
• Following road safety rules, weather advisories, and any applicable local regulations in New Zealand.
• Seeking advice from a qualified professional if you are unsure whether an activity is suitable for you.

In New Zealand, the Accident Compensation Corporation (ACC) provides no-fault personal injury cover for most accidents. However, ACC cover does not extend to all types of loss, and we accept no liability for injuries or incidents arising from your participation in club activities except where such liability cannot be excluded under New Zealand law.

We reserve the right to modify, postpone, or cancel any challenge or event without prior notice.

4. Acceptable Use

You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of others. You must not:

• Violate any applicable New Zealand or international law, including the Harmful Digital Communications Act 2015.
• Post or transmit content that is threatening, harassing, defamatory, discriminatory, or otherwise harmful through our contact forms or community channels.
• Attempt to gain unauthorised access to our systems, networks, or data.
• Introduce viruses, malware, or other harmful code.
• Use our contact forms to send unsolicited commercial messages in breach of the Unsolicited Electronic Messages Act 2007.
• Reproduce, distribute, modify, or commercially exploit website content without our prior written consent.
• Misrepresent your identity or affiliation with the club.

We may suspend or terminate access for conduct that we reasonably believe breaches these Terms or applicable law.

5. User Content and Communications

If you submit content through our contact form or participate in community activities, you represent that your content is accurate to the best of your knowledge and does not violate any third-party rights. We may remove content that we reasonably believe breaches these Terms or the Harmful Digital Communications Act 2015.

If you are the target of harmful digital communications connected to club activities, you may contact Netsafe (www.netsafe.org.nz) or use the approved agency process under the Harmful Digital Communications Act 2015.

6. Intellectual Property

All text, graphics, logos, images, and other materials on this website are owned by or licensed to Energaescrubix.ddd and protected by the Copyright Act 1994 and other intellectual property laws. You may view and print content for personal, non-commercial use only. Any other use requires our prior written permission.

7. Privacy and Cookies

Your use of this website is also governed by our Privacy Policy and Cookie Policy, which describe how we collect, use, and protect personal information in accordance with the Privacy Act 2020. By submitting our contact form, you confirm you have read our Privacy Policy and consent to the processing described there.

8. Third-Party Links and Embedded Content

This website may contain links to third-party websites or embedded content (such as Google Maps). We do not control and are not responsible for the content, availability, or privacy practices of third-party sites. Accessing third-party links is at your own discretion and risk.

9. Availability of the Website

We aim to keep the website available and accurate but do not guarantee uninterrupted access or error-free operation. We may update, suspend, or discontinue any part of the website at any time without notice. Scheduled maintenance or events beyond our reasonable control may cause temporary unavailability.

10. Limitation of Liability

To the fullest extent permitted by New Zealand law:

• We exclude all warranties, conditions, and representations not expressly stated in these Terms, subject to your non-excludable rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986.
• We are not liable for any indirect, incidental, special, or consequential loss or damage arising from your use of this website or participation in club activities.
• Our total liability to you for any claim arising from these Terms or your use of the website is limited to NZD $100, except where liability cannot be limited by law.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under New Zealand law.

11. Consumer Rights

If you are a "consumer" under the Consumer Guarantees Act 1993 and we provide paid services in the future, your statutory rights under that Act are not affected by these Terms. Where our club activities are currently offered free of charge, the Consumer Guarantees Act may not apply to those free services, but the Fair Trading Act 1986 still prohibits misleading or deceptive conduct.

12. Dispute Resolution

If you have a concern about these Terms or our services, please contact us first using the details in Section 1. We will endeavour to resolve complaints fairly and promptly. If a dispute cannot be resolved directly, it may be referred to the Disputes Tribunal (for claims within its jurisdiction) or the courts of New Zealand.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the New Zealand courts. If you access this website from outside New Zealand, you are responsible for compliance with local laws.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable under New Zealand law, the remaining provisions will continue in full force and effect.

15. Changes to These Terms

We may revise these Terms at any time by posting an updated version on this page with a revised "Last updated" date. Material changes will be highlighted where practicable. Your continued use of the website after changes are posted constitutes acceptance of the revised Terms.

16. Contact

For questions about these Terms:
Energaescrubix.ddd
11 View Road, Tītahi Bay, Porirua 5022, New Zealand
Email: feedback@energaescrubix.world
Phone: +64 27 453 9099