Terms & Conditions

Please read the following terms and conditions carefully, particularly in relation to our role as facilitator and the requirement that you have adequate insurance. In completing a purchase or checking the terms and conditions box upon purchase at www.wholeheartedmedicine.com.au you agree to be bound by these conditions which constitute the agreement between Whole Hearted Medicine pty ltd and yourself. In these Terms and Conditions, Whole Hearted Medicine pty ltd means our staff, guides, officers, employees, agents and licensees, including any facilitators to whom we subcontract duties under these Terms and Conditions.

booking terms & conditions

1. Definitions
Facilitator means an individual engaged by Whole Hearted Medicine to act as guide throughout a Facilitated Retreat, specifics of which are set out in clause 11.
Retreat Services means the supply of a Guide to provide their expertise in navigating the Facilitated Retreat, and any associated supplies, documentation or items as agreed, in exchange for the fees charged by Whole Hearted Medicine pty ltd.
2. Retreat Services
- Whole Hearted Medicine pty ltd engages facilitators who assist in the delivery of retreat services to attendees on their ‘retreat’ journey in a particular location. In providing the Retreat Services, Whole Hearted Medicine pty ltd acts as a ‘facilitator’ – connecting a number of independent travellers wishing to ‘retreat’ in the same or similar location and assigning a facilitator to accompany them (a Facilitated Retreat). If all independent travellers agree, the facilitator may also make recommendations to the travellers on their retreat, including recommendations in relation to other experiences and engagements which they may be involved in as incidental to the Facilitated Retreat.
- As an independent traveller, you wish to have the benefit of the Retreat Services on your next journey. You agree to engage in a Facilitated Trip with other independent travellers and a facilitator under the terms of this Agreement.
3. Prices, Fees and Payments
- All monies paid are nonrefundable. This includes deposits and payments made in full.
- All prices are subject to availability and can be withdrawn or varied by us without notice. The price is only guaranteed when paid in full. Prices quoted on the website are subject to change without notice and at our complete discretion. Price changes may due to matters outside our control, including currency fluctuations, fuel surcharges, taxes and transport and supplier increases. Please contact Whole Hearted Medicine pty ltd for up to date prices. 
- You must notify us of cancellations and changes to bookings in writing and as soon as possible. We strongly recommend you take out travel insurance at the time of booking to cover any unforeseen cancellation.
Additionally:
- Deposits are non-refundable and non-transferable;
- Cancellation between 6 months and 90 days prior to travel will incur a cancellation fee of $100 and the remaining balance to be credited towards any retreat 12 months from the cancellation date. 
- If your trip is effected within 30 days of the departure due to government COVID rules, you will not lose your deposit or full payment and there is no cost to change your retreat or to reschedule dates. This will be based on the address you provide at the time of booking.
- Cancellation later than 90 days prior to travel will mean that the full cost of the trip is non-refundable and non-transferable; and
- All changes made to bookings incur an administration fee of $150.00 per change.
- All bookings made selecting 'Deposit / Pay Plan' must be paid out in full within 6 weeks of the purchase date as stated on the website. Failure to complete payment will result in an automatic cancellation of the trip and cancellation fee of 100% of all monies paid.
- For our ONE DAY products only we allow cancellation for a fee of $50 at any time up until 48 hours prior to departure. Cancellations within 48 hours incur full cancellation and funds paid are non refundable and non transferrable.
- We receive payments via various payment methods as determined by us from time to time, including BPAY, Direct Deposit or Credit card (2.5% fee). Your booking will not be considered reserved until the requested deposit has been received and will not be considered final until all payments are made in full on the terms we set.
- Our Facilitated Retreat require a minimum number of attendees (variable depending on venue) for guaranteed delivery unless minimum group size specifically states otherwise. We may also decide at our discretion, where safe and responsible to do so, operate trips with smaller numbers than this and to operate with only one facilitator.
4. Force Majeure / Covid-19
- In the event of a Force Majeure, there is no refund.  Whole Hearted Medicine pty ltd follow's state laws at the time of departure. If Whole Hearted Medicine pty ltd is unable to proceed with a departure date due to Force Majeure or state restrictions for the departure location your funds will be placed in a travel credit less any unrecoverable costs associated with the trip you have paid for. Your travel credit may be used on any Whole Hearted Medicine pty ltd retreat for up to 12 months from your original date of departure. A “Force Majeure Event” includes but is not limited to, acts of God, fire, earthquake, flood, windstorm or other extreme weather events, war, civil commotion, riot, blockade or embargo, breakdown, union dispute, epidemic, pandemic, lack or failure of courses of supply, passage of any law, order, regulation, ordinance, proclamation, demand, requisition or requirement or any other act of any government authority, outside of the reasonable control of either parties whether or not foreseeable, which renders performance impossible.
5. Travel
We may manage bookings for the Facilitated Retreats as part of the Retreat Services, however:
- Our management of bookings does not constitute an agency relationship;
- While we may provide you details for third party travel partners, including airlines, transport and accommodation companies, we take no responsibility for, and you indemnify us against, any issues, delays, breaches or claims by or against third party travel providers;
- You are responsible for any costs associated with joining a Facilitated Retreat if your flight experiences delays or otherwise and does not arrive in time for the arranged group departure; and
- You acknowledge and understand that our obligations under this Agreement, subject to any exclusions or limitations, only extend to Trek Services expressly set out in this Agreement or in writing elsewhere.
- We may act as an agent for third-party service travel providers (Providers) in some locations from time to time. Bookings made with Providers represent a contractual relationship between you and that Provider, and will be subject to their terms and conditions. You acknowledge and agree that we have no control over Providers and offer no guarantees regarding same. Where a Provider breaches their obligations, you:
- acknowledge that your sole remedy is against the Provider;
- warrant that you will bring no claim or action against us which involve a Provider; and
- indemnify us against any and all claims or liability in relation to that Provider.
 5. Insurance
- Travel insurance is compulsory for our facilitation of a Facilitated Retreat and we do not provide Retreat Services to those without adequate insurance. Prior to undertaking the Retreat, you will ensure that:
- you purchase travel insurance from a reputable provider which indicates in its Product Disclosure Statement that the Insurance has:
- top medical and emergency evacuation cover and covers “yoga” as an activity; and
- will provide full cover for you irrespective of your actions on the Facilitated Trip, or the actions of any service provider, including Whole Hearted Medicine pty ltd.
- where you have any doubts about the extent of the Insurance cover, you contact that insurer prior to purchasing the product and obtain a written assurance from them that you will be fully covered for the Facilitated Retreat; and
- you do all other acts and things necessary to ensure that, should you be injured, incapacitated or otherwise harmed while on the Facilitated Retreat and engaging us for the Retreat Services, the Insurance will cover any and all associated costs.
- You release, indemnify and forever discharge us for any and all damages, costs or liability (however caused) which results from your failure to obtain adequate Insurance prior to your Facilitated Retreat.
- We reserve the right to request evidence of your travel insurance and may, in our complete discretion, refuse to provide you the Retreat Services where you do not hold appropriate insurance.
6. Liability
- Subject to the application of any applicable consumer law and to the maximum extent permitted by law, we exclude from this Agreement and you hereby release and indemnify us from, all guarantees, conditions and warranties that might but for this clause be implied into this Agreement, including all liability to you for any costs, expenses, injury, inconvenience losses and damages suffered or incurred directly or indirectly by you in connection with this Agreement, including using the Retreat Services, whether that liability arises in contract, tort or under statute, whether for our actions or the actions of a third party. You acknowledge and agree that we will not, under any circumstances, be liable to you for any consequential, special, exemplary or any other type of loss, however caused.
- If our liability under this Agreement cannot be lawfully excluded, to the maximum extent permitted by law, our liability for breach of any condition under applicable consumer law is limited:
- in the case of goods, to (at our option) the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired;
- in the case of services, to (at our option) the supplying of the services again; or the payment of the cost of having the services supplied again.
- in the case of property damages or contract breaches caused by you or persons you make a reservation for you will be held responsible for the total cost of goods and repairs.
7. Special Requirements
Where the Facilitated Retreat includes our facilitators arranging food or other necessities, you must liaise with Whole Hearted Medicine pty ltd within 7 days of your booking regarding any special requirements you may have (such as special dietary requests). Where we cannot accommodate a request, we will inform you of same.
8. Passports & Visas
It is your responsibility to ensure that you have valid passports, visas and re-entry permits. You indemnify and hold us harmless for any fines, penalties, payments or expenditures incurred as a result of your travel documents not meeting the requirements, and any measure we take in response. You acknowledge that you must have a valid passport for international travel and that many countries require at least 6 months validity from the date of return. If you need information regarding visa and other travel document requirements for your trip please contact us. We may assist in obtaining information from an external visa advisory service provider on your behalf, but do not warrant the accuracy of such information and accept no liability for any loss or damage which you may suffer in reliance on it. 
9. Travel Advice
Should you require travel advice, you agree that you will contact the Department of Foreign Affairs and Trade or visit their website.
 10. Health and Fitness
- You must ensure that you are aware of any health requirements for your trip and that you carry all necessary vaccination documentation. You acknowledge that you must also:
- check with your local doctor or specialist vaccination clinic at least two (2) months prior to the trip regarding your health and required vaccinations (or otherwise, as soon as possible);
- be in good health and physical condition for your chosen trip;
- complete any documentation we request as part of the Facilitated Trip, which will may include providing information on your physical health and current physical activity levels; and
- Pay for any and all medical evaluation fees necessary in proving your fitness.
- We may require that you provide us with a Doctors Certificate clearing you to participate in a Facilitated Retreat. The retreat we are assisting you to organise may take place in remote areas where there is little or no access to normal medical service or hospital facilities. If you require evacuation, it can be prolonged, difficult and expensive. You acknowledge and agree that all medical and evacuation expenses will be your responsibility, and that we may refuse to provide Retreat Services on any Facilitated Retreat on medical or fitness grounds.
11. Facilitators
- Whole Hearted Medicine pty ltd will appoint a facilitator or facilitators for the purposes of providing the Retreat Services (Facilitator) on a Facilitated Retreat. You acknowledge and agree that the Facilitator:
- is not as a supervisor, leader or ‘responsible’ for you in any way;
- is responsible only for providing guidance and advice to you as part of the Retreat Services, which may include details about walking trails, reserved accommodation and sites of interest;
- may cease providing the Retreat Services to you if, in their absolute discretion, they believe:
- you should not participate in the trek due to health and fitness reasons;
- you have committed an illegal act;
- your behaviour is causing or likely to cause danger, distress or annoyance to others; or
- there is any other reason for which you should no longer receive the Retreat Services; and
- may recommend changing, at any time and in their complete discretion, the itinerary of the Facilitated Trip if circumstances make that necessary for safety of any independent traveller or any other relevant reason.
Despite clause 1, you acknowledge and agree that:
- voluntarily submitting yourself to the guidance of the Facilitator will be the most desirable and safest way to participate in the Facilitated Retreat;
- you will voluntarily submit yourself to the guidance of the Facilitator when a Facilitated Retreat has commenced; and
- where a Facilitator resolves to cease providing Retreat Services under clause 1(c), you will discontinue your engagement with the Facilitated Retreat and you will not be entitled to any refund for the Retreat Services.
- We reserve the right to change the Facilitator providing the Retreat Services at any time.
12. Privacy Policy
How we use, store and deal with your personal data, included any personal data provided under this agreement, is governed by our Privacy Policy as amended from time to time.
13. Acknowledgement of Risk
By voluntarily participating in the Facilitated Retreat and receiving the Retreat Services, you acknowledge that:
- you may be exposed to hazards and risks that could lead to injury, illness or death, or to loss of, or damage to your property;
- if you are injured, you may be in a location or circumstance where evacuation for medical treatment may take hours;
- in many countries where Facilitated Retreats take place, standards of accommodation, transport, health care, hygiene, safety and service provision generally may not be as high as those standards in your country of residence; and
- you may be subject to natural disasters, acts of god, acts of war, adverse weather or many other types of unforeseen and extreme events.
- You agree that you are solely responsible for your safety when participating in a Facilitated Retreat, and you are not relying on any aid, instruction, medical expertise or other assistance from Whole Hearted Medicine pty ltd or a Facilitator, save that set out in clause 11. You warrant and agree that you will take all actions necessary to minimise any risk and chance of injury, including by ensuring that:
- All parts of the Facilitated Retreat are within your recognised capabilities;
- You carry the recommended water, food and equipment as indicated on any Whole Hearted Medicine pty ltd documentation and the verbal daily briefing given by the Facilitator;
- You advise the Facilitator if you are taking any medication or have any physical or other limitation that might affect your participation in a Facilitated Retreat;
- You ensure that if you are taking any medication, you have more than a sufficient supply in all circumstances;
- You make every effort to remain with the rest of the party during any Facilitated Retreat;
- You advise the Facilitator immediately of any concerns you are having during a Facilitated Retreat;
- If you become unwell, you notify a Facilitator.
14. Private Groups
Where the Facilitated Retreat is for a private group, a minimum of 12 passengers are required unless minimum group size specifically states otherwise.  Six months prior to departure the minimum numbers must be reached. If the private group has not reached the minimum numbers by this time, the trip is deemed as not proceeding. Those booked on the trip can collectively decide to;
- Pay a surcharge to travel with less numbers
- Open the departure up to the wider Whole Hearted Medicine community to gain additional passengers
- Cancel the trip and receive a refund of deposit
The decision must be unanimous within the private group.
15. General
- This agreement contains the entire understanding between the parties in relation to its subject matter and supersedes any previous arrangement, understanding or agreement relating to its subject matter. There are no express or implied conditions, warranties, promises, representations or obligations, written or oral, in relation to this agreement other than those expressly stated in it or necessarily implied by statute.
- This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by, and shall be construed in accordance with, the laws of Victoria, Australia, and the parties submit exclusively to that jurisdiction.
- Each provision of this agreement is separate and severable. No failure, delay, relaxation or indulgence by a party in exercising any power or right conferred upon it under this agreement will operate as a waiver of that power or right. No single or partial exercise of any power or right precludes any other or future exercise of it, or the exercise of any other power or right under this agreement.
- Whole Hearted Medicine pty ltd is an independent contractor and nothing in this agreement constitutes a relationship of employer and employee, principal and agent, partnership or joint venture between us and you.
- This agreement may be signed by e-signature, checking a box before checkout and both parties agree to accept electronic transmissions in accordance with the terms of the Electronic Transactions Act (Victoria) 2000 (Vic).

booking terms & conditions

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.

 
Terms
Your access to and use of this website, as well as all related websites operated by Whole Hearted Medicine pty ltd, (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, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

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 Whole Hearted Medicine pty 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 sub-licensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. 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 any trademarks, 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 unauthorised 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 that it deems, in its sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene 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 us via the contact page. 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.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorised access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, . If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. The company shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, stripe payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. The company reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption. The company also reserves the right to limit your use of the site and/or the content or to terminate your account should the company determine that you have violated these terms of use, or that you have violated any other rules or conditions of the company. The company reserves the right to refuse access to the site and/or the company’s content, products and/or services to anyone in its sole discretion. The company reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption. The company may, in its sole discretion, refund the initial fee charged for any use of the site and/or any content or a pro-rata portion thereof consistent with the company’s refund policy. The company shall refuse any refund thirty (30) days after your payment for use of the site and/or any content, either pursuant to the company’s customer license agreement or otherwise, regardless of the reason for disruption.
10. In no event shall the company be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the company has been advised or is aware of the possibility of such damages.
11. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
12. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
13. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the the current Terms of Use to which you are bound.

Last Updated: 24th April, 2022
 
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If you have any questions, concerns or complaints about this policy, please contact us using the link below.

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