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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.

TERMS OF SERVICE

  1. APPLICATION OF TERMS

These terms apply to any person or entity (‘you/your’) attending the Whole Hearted Medicine Retreat (‘the Retreat’) operated by Whole Hearted Medicine Pty Ltd ABN 74 274 052 198 (‘we/our/us’).

By attending the Retreat, you agree to be bound by these terms. We may amend these terms and conditions from time to time.

These terms are governed by the laws of Australia.

 

  1. COLLECTION AND USE OF PERSONAL INFORMATION

You may need to register to attend the Retreat. When you register you will provide us with personal information such as your name, address, phone number, email address, CPD number and any dietary requirements. We will handle all personal information we collect in accordance with our privacy policy and the applicable law.

We may otherwise collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services and our business partners.

We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:

  • how we store and use, and how you may access and correct your personal information;
  • how you can lodge a complaint regarding the handling of your personal information; and
  • how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms.

 

  1. SERVICES

We offer all services listed on the Retreat timetable.

We reserve the right to amend the services to be provided at the Retreat at any time.

If the retreat needs to be altered in any way due to reasons outside of our control we will let you know as soon as is practical and make alternative arrangements to be discussed with you. If those alternative arrangements do not suit you or if we need to cancel the retreat for any reason we will provide you a full refund.

 

  1. PAYMENTS & REFUNDS

All monies paid are non-refundable. You must notify us of cancellations and changes to bookings in writing and as soon as possible. In the event you are no longer able to attend your retreat we are happy to transfer your booking to another available retreat of the same value (or applicable difference paid) if provided with at least 90 days written notice prior to start of the retreat. Cancellation later than 90 days prior to travel will mean that the full cost of the trip is non-refundable and non-transferable. We strongly recommend you take out travel insurance at the time of booking to cover any unforeseen cancellation.

We maintain cancellation lists for all sold out retreats and where possible will do our best to share your place with those on the waitlist. If we are able to replace your booking then you will be entitled to a full refund minus $150 payment processing fee.

Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

 

  1. INTELLECTUAL PROPERTY

The Retreat and all the content provided during the Retreat including the program, may represent or contain intellectual property owned by us, including trademarks, copyrights and proprietary information.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.

 

  1. DISCLAIMERS

To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that you attend the Retreat at your own risk.

The services and information provided at the Retreat may contain general information and discussions about health and related subjects. The information and other content provided at the Retreat, or in any linked materials, are not intended and should not be construed as medical advice, nor is the information a substitute for any legal, financial, business, information technology or other professional advice. In attending a Retreat there is no implication of a doctor/patient relationship between participant and the Retreat provider and all attendees should discuss any health or psychological concerns with their own healthcare provider.

While we make every effort to make sure the information provided at the Retreat is accurate and informative, the information does not take the place of professional or medical advice. We make every effort to provide quality information at the Retreat. However, we do not provide any guarantees, and assume no legal liability or responsibility for the accuracy, currency or completeness of the information. The opinions and views expressed at the Retreat have no relation to those of any academic, hospital, health practice or other institution.

We hereby expressly disclaim any claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you.

Attendees at the Retreat may participate in extracurricular activities including, but not limited to, swimming and/or other water activities that have not been organised by us and are not part of the Retreat program (‘extracurricular activities’). To the extent permitted by law, Whole Hearted Medicine Pty Ltd  ABN 74 274 052 198 does not accept any liability for, and is not responsible for, any damage, loss or injury caused by the participation of attendees in services provided by us or for any extracurricular activities they participate in.

Any testimonials and examples of our products and services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results with our products and services.

Nothing in this disclaimer will:

  • limit or exclude any liability for death or personal injury resulting from negligence;
  • limit or exclude any liability for fraud or fraudulent misrepresentation;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law.

 

  1. SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your participation in the Retreat, or any part of it.

 

  1. GENERAL

These terms, and any dispute relating to these terms or the Retreat, are governed by and must be interpreted in accordance with the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia in relation to any dispute connected with these terms or the Retreat.

For us to waive a right under these terms, the waiver must be in writing.

If any part or provision of these terms is or becomes illegal, unenforceable or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.

 

  1. CONDUCT AND CONFIDENTIALITY

You agree to co-operate with us in the conduct of the Retreat and use your best endeavours to comply with reasonable requests made by us to promote the efficient conduct of the Retreat.

You acknowledge that during the Retreat you may become the recipient of information of a private and confidential nature that is shared by us or any other party (the ‘disclosing party’) attending the Retreat. You agree that you will not disclose to any person any information of a private and confidential nature disclosed by a disclosing party during the Retreat without the prior consent of the disclosing party other than information that may reasonably indicate that a party or the public may be at risk of harm or death. For the purposes of this provision “information of a private and confidential nature” means all personal (and corporate) information acquired by a party from a disclosing party which had previously been maintained in the strictest confidence by the disclosing party.

We will not disclose to any person information obtained during the Retreat without prior consent of the parties unless compelled by law to do so.

Last updated: 31st May, 2023

WEBSITE 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: 1st September, 2022
 
Contact Us
If you have any questions, concerns or complaints about this policy, please contact us using the link below.

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