Terms of Use

Acceptance of Terms

Welcome to PoolShift, operated by Ecovivoflora. These Terms of Use constitute a legally binding agreement between you and PoolShift governing your access to and use of our website at ecovivoflora.world, our pool facilities located at 5G/6 Princes Street, Auckland CBD, Auckland 1010, New Zealand, and all related services, programs, and activities.

By accessing our website, registering for membership, purchasing services, or using our pool facilities, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with these terms, you must not access or use our services.

These terms apply to all users of our services, including visitors, members, participants in programs, and any other individuals who access our facilities or website.

Modifications to Terms

We reserve the right to modify, amend, or update these Terms of Use at any time without prior notice. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date. Your continued use of our services after changes are posted constitutes your acceptance of the modified terms.

We encourage you to review these Terms of Use periodically. Material changes will be communicated to members via email or notices posted at our facilities. It is your responsibility to stay informed about current terms.

Membership and Registration

Eligibility

Membership and facility access are available to individuals of all ages. Minors under 16 years must have parental or guardian consent to use our facilities and services. Parents or guardians are responsible for supervising minors at all times while on our premises.

Registration Requirements

To become a member, you must complete our registration process and provide accurate, current, and complete information including your full name, contact details, emergency contact information, and any relevant health information. You agree to update this information promptly if it changes.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any security breach. We will not be liable for any loss or damage arising from your failure to protect your account information.

Membership Types and Terms

We offer various membership options including monthly unlimited memberships, annual memberships, and multi-visit passes. Each membership type has specific terms regarding access rights, duration, renewal, and cancellation. Details of your chosen membership are provided at the time of purchase and are incorporated into these Terms of Use.

Payment Terms

Pricing

All prices are listed in New Zealand Dollars (NZD) and include GST where applicable. We reserve the right to change our pricing at any time. Price changes for existing memberships will be communicated at least 30 days in advance and will take effect at your next billing cycle.

Payment Methods

We accept payment via credit card, debit card, and bank transfer. Monthly memberships require automatic recurring payments charged on the same day each month. You authorize us to charge your payment method for all fees associated with your membership or services purchased.

Failed Payments

If a payment fails, we will attempt to process it again. If payment cannot be completed after reasonable attempts, your membership or access may be suspended until payment is received. You remain responsible for all outstanding amounts plus any applicable late fees.

Refunds

Refunds are handled according to our Return Policy. Generally, membership fees are non-refundable except as required by law or at our sole discretion. Unused portions of multi-visit passes may be eligible for refund within the validity period, subject to administrative fees.

Cancellation and Termination

Member-Initiated Cancellation

Monthly memberships can be cancelled with 30 days written notice. Notice must be provided via email or in writing at our facility. Cancellation takes effect at the end of your current billing cycle. Annual memberships are non-cancellable except as required by law, but may be eligible for freeze periods as specified in membership terms.

Facility-Initiated Termination

We reserve the right to suspend or terminate your membership or access immediately without refund if you:

• Violate these Terms of Use or our facility rules
• Engage in disruptive, abusive, or unsafe behavior
• Provide false or misleading information
• Fail to pay required fees
• Engage in any activity that threatens the safety or wellbeing of staff or other members
• Use facilities for unauthorized commercial purposes

Facility Rules and Conduct

All users must comply with our facility rules and conduct guidelines:

• Safety First: Follow all safety instructions, signage, and directions from staff members. Running, diving in restricted areas, and horseplay are prohibited.
• Appropriate Attire: Wear appropriate swimwear at all times in pool areas. Street clothes, jeans, and non-swimming attire are not permitted in pools.
• Personal Hygiene: Shower before entering pools. Do not use facilities if you have contagious conditions or open wounds.
• Respect Others: Maintain respectful behavior toward staff and other members. Harassment, discrimination, or threatening behavior will not be tolerated.
• Age Requirements: Children under 12 must be supervised by an adult at all times. Ratios and supervision requirements apply to different age groups.
• Capacity Limits: Respect posted capacity limits and follow staff instructions regarding facility usage during busy periods.
• No Glass Containers: Glass containers are prohibited in all pool areas for safety reasons.
• Photography: Photography and video recording require prior consent from all individuals being recorded and facility management approval.
• Equipment Use: Use all provided equipment properly and return it to designated areas. Report any damaged equipment to staff.
• Alcohol and Substances: Consumption of alcohol or illegal substances on premises is strictly prohibited. Entry may be refused to intoxicated individuals.

Booking and Reservations

Certain services and time slots require advance booking. Bookings can be made online, by phone, or in person subject to availability. You must provide accurate information when making reservations.

Cancellations must be made at least 24 hours before your scheduled session to avoid cancellation fees. Repeated no-shows may result in booking restrictions or membership suspension. Members receive priority booking for popular time slots.

Health and Safety

Health Declarations

You must disclose any health conditions that may affect your ability to safely use our facilities. We may require medical clearance for certain conditions. You agree to inform us immediately if your health status changes in a way that could impact facility usage.

Emergency Procedures

Staff are trained in first aid and emergency response. In the event of an emergency, follow all staff instructions immediately. We may contact emergency services and your designated emergency contacts if necessary.

Assumption of Risk

Pool activities involve inherent risks including but not limited to slipping, drowning, injury, and adverse reactions. By using our facilities, you acknowledge these risks and assume full responsibility for your participation. You agree to use facilities at your own risk and to exercise reasonable care for your safety.

Liability and Indemnification

Limitation of Liability

To the maximum extent permitted by New Zealand law, PoolShift, its owners, operators, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our facilities or services, including but not limited to personal injury, property damage, loss of data, or loss of profits.

While we maintain our facilities to high safety standards and carry appropriate insurance, we do not guarantee that facilities will be free from hazards or that use will be uninterrupted or error-free.

Indemnification

You agree to indemnify, defend, and hold harmless PoolShift and its affiliates, officers, directors, employees, agents, and contractors from any claims, damages, losses, liabilities, and expenses including legal fees arising from your use of our facilities, your violation of these Terms of Use, your violation of any rights of others, or your negligent or wrongful conduct.

Intellectual Property

All content on our website and within our facilities, including text, graphics, logos, images, videos, software, and design elements, is the property of PoolShift or our licensors and is protected by New Zealand and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works, publicly display, republish, download, store, or transmit any material from our website or facilities without our prior written consent, except for personal, non-commercial use.

The PoolShift name and logo are trademarks owned by us. You may not use these trademarks without our express written permission.

Privacy and Data Protection

Your use of our services is subject to our Privacy Policy, which is incorporated into these Terms of Use by reference. We collect, use, and protect your personal information in accordance with New Zealand privacy law. Please review our Privacy Policy to understand our data practices.

We may use security cameras at our facilities for safety and security purposes. By entering our premises, you consent to being recorded. Footage is retained for limited periods as outlined in our Privacy Policy.

Website Use

Acceptable Use

You agree to use our website only for lawful purposes and in accordance with these Terms of Use. You must not:

• Use the website in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to our systems or networks
• Introduce viruses, malware, or other harmful code
• Engage in any activity that disrupts or interferes with website functionality
• Use automated systems or software to extract data from the website
• Impersonate others or misrepresent your affiliation
• Collect or harvest personal information about other users

Links to Third-Party Sites

Our website may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of external sites. Access to third-party sites is at your own risk, and you should review their terms and privacy policies.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms of Use due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, utility failures, equipment failures, labor disputes, or other force majeure events.

In such circumstances, we will make reasonable efforts to notify members and may offer extensions, credits, or alternative arrangements, but membership fees are generally non-refundable for temporary closures.

Governing Law and Dispute Resolution

These Terms of Use are governed by and construed in accordance with the laws of New Zealand. Any disputes arising from these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of New Zealand.

Before initiating any legal action, you agree to first contact us to attempt to resolve the dispute informally. We are committed to working with you to reach a fair resolution of any concerns.

Severability

If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement

These Terms of Use, together with our Privacy Policy, Cookie Policy, and Return Policy, constitute the entire agreement between you and PoolShift regarding your use of our services and supersede all prior agreements, understandings, and communications, whether written or oral.

Contact Information

If you have questions or concerns about these Terms of Use, please contact us: