Terms of Service

Welcome to www.pureheartwellness.com (Site).

This Site is owned and operated by Pure Heart Yoga Retreat ABN 46 805 498 624 trading as Pure Heart Wellness (referred to in these terms as “Pure Heart Wellness”, “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you via this Site, your bookings, attendance and participation in our Retreat and our social media channels (“Terms”). These Terms together with our Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”).

We would appreciate if you would take some time to read the conditions set out below as they apply to your use and enjoyment of our Site.

CONSENT TO SITE TERMS

By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.

NO MINORS

By using the Site, accessing or purchasing any products or services, you warrant that:

(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;

(b) have read and accepted these Terms; and

(c) will comply with these Terms.

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.

By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

INTELLECTUAL PROPERTY

The Site, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the products and/or services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the products and/or services or the Content.

NO COMMERCIAL USE

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 the Site, our products and/or services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content

on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend

that you investigate and do your homework to find that out. PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be

accessed here. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

CREATING AN ACCOUNT

To place orders and access some features of the Site, you may have to register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you will update information should there be any changes to the information provided. You will be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure.

We reserve the right to suspend or cancel your account at any time, in our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.

PRICES AND PAYMENT

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. If you have purchased one of our programs, courses, or other products and/or services, it will be charged at the price in force at the time a customer’s order is validated.

We reserve the right at any time to modify or discontinue the program, course, product and/or service without notice at any time. We shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuance of the program, course, product and/or service.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as a mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

DISCLAIMER - INFORMATION AND ADVICE

The information provided in or through our Site, The Retreat, programs, courses, products and/or services is intended to be for educational purposes only and should not be used to diagnose or treat any particular health issue or disease. Under no circumstances should the content made available on our Site, the Retreat, our courses, programs, products and/or services be relied upon as professional healthcare advice.

By participating in any physical activity including but not limited to yoga that are offered by Pure Heart Wellness, you take complete responsibility for your safety, health and overall physical, emotional and mental well-being.

By referencing any programs, courses, products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the programs, courses, products or services.

PERSONAL RESPONSIBILITY

We provide programs, courses, products and services on our Site accurately represent the information provided. By participating in any programs, courses, purchasing any products or services or otherwise using our Site, you acknowledge you are solely and personally responsible for any results you achieve.

TESTIMONIALS

On our Site we present real-life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves. These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of Retreat, our programs, courses, products and/or services will achieve the same or similar results.

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site; (e) hack into any aspect of the Service; corrupt data; cause annoyance to other users; (f) infringe upon the rights of any other person's proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt

to affect the performance or functionality of any computer facilities of or accessed through this Site.

WARRANTIES AND DISCLAIMERS

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and / or the Retreat, programs, courses, products or services including that:

a. they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;

b. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or

c. there is no possibility of failure to store communications or other data.

The use and participation in our Retreat or of any programs, courses, products and/or services, requires personal choices and / or actions that are unique to the individual and any reliance on the content made available on our Site, through our Retreat, programs, courses, products and/or services are at your own risk.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your attendance and participation in the Retreat, use of our Site, and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

BOOKING TERMS AND CONDITIONS - RETREAT

Please make sure that read this section carefully before making a booking. By making payment of a deposit or full payment, you are accepting these booking terms and conditions set out below for your attendance and

participation in the “Escape the Everyday Retreat” (‘Retreat’). We reserve the right to refuse to accept bookings in our absolute discretion, without providing a reason for doing so.

The Retreat is limited to 6 guests to ensure the experience is personal.

RETREAT PRICE

Our prices include the cost of accommodation, all meals and drinks as advertised, group activities, unless stated differently in your booking confirmation email. Our prices exclude flights, travel insurance, tips, excursions, transfers from airports and train stations unless otherwise stated.

PRICING CHANGE

As you will appreciate, the exchange rate for the Australian Dollar (AUD) varies, and should the AUD exchange rate vary by more than 12% after the deposit has been paid, Pure Heart Wellness reserves the right to adjust the price of the Retreat up to the departure date.

NOTE: This adjustment will not apply to you if you have made full payment at the time of booking.

DEPOSIT

A deposit will reserve your place on the Retreat (AUD$1300). The deposit is non-refundable but is transferable to someone else subject to you providing notice to Pure Heart Wellness within 90 days prior to the retreat.

BOOKING FORM

Accommodation will be confirmed once you have completed the Booking Form and return to maria@pureheartwellness.com, together with a deposit of AUD$1300. Upon receipt of your deposit a confirmation receipt will be sent to you via email.

An additional instalment, being 50% of the balance owing $2600 is required 180 days before the Retreat commencement date.

The final balance is due 90 days before the Retreat commencement date and after this time is non-refundable (see Cancellation Policy below for further details).

CANCELLATION BY YOU

Where a booking cancellation is required to be made, you must do so in writing to maria@pureheartwellness.com. In this event, the following cancellation charges will apply:

Notice up to 90 days prior to the date of the Retreat will incur a cancellation fee of 50% of the total fee; or Notice of less than 90 days prior to the date of the Retreat, then any monies paid (including the deposit) will be non-refundable.

CANCELLATION BY US

Pure Heart Wellness reserves the right in any circumstances to cancel the Retreat. However, we will not cancel your Retreat less than 60 days prior to departure, unless there is a “force majeure event” which includes but is not limited to war, political unrest, acts of terrorism, strikes, acts of God, epidemics, natural or technical disasters, closure of ports and aircraft or unless the client’s default in the payment of the balance of the Retreat price. In such circumstances where we are unable to provide you with the Retreat booked, we will refund all monies paid, or offer you an alternative date.

Under no circumstances, will Pure Heart Wellness be responsible for any other costs, loss or damage (including consequential loss) incurred by you if the Retreat is cancelled. So please make sure you have appropriate holiday cancellation insurance in place before you book.

FLIGHTS

We do not book flights for clients; however, we may make recommendations based on our experience, however we are not responsible for your travel plans and arrangements. It is your responsibility to confirm your flight times and check in with your airline before departure.

HEALTH REQUIREMENTS AND INSURANCE

As a participant in the Retreat, it is your responsibility to obtain your own travel insurance and personal accident cover. This is a mandatory requirement of the Retreat, and proof of your insurance and accident cover is to be provided (to maria@pureheartwellness.com) upon the final payment for the Retreat or not less than 60 days before the commencement Retreat. If you do not produce the necessary information, your place may be cancelled and no refund given.

Pure Heart Wellness is not responsible for any costs, delay or inconvenience incurred by a participant due to a medical emergency involving that or any other participant on the tour, or the participant having to withdraw from the tour for any other reason.

MEDICAL RELEASE

Each participant must complete the Medical Release supplied by Pure Heart Wellness at time of booking.

VISA, PASSPORTS, AND LUGGAGE

Please ensure that you have a valid visa and passport to travel. You are responsible at all times for your own personal documents, luggage and equipment.

Tip: Paris Hotels don’t always have lifts!! And when they do, it is normally very small. As you will need to be able to easily look after your luggage, we recommend limiting it to one manageable suitcase and one medium carry bag.

CHANGES TO ITINERARY

Whilst we will make every effort to adhere to the itinerary provided, occasionally due to events outside our control, we may be forced to make changes to the itinerary. Where this happens, we will advise you as soon as we can. Should you decide to cancel your booking at this point, then the cancellation policy noted above will apply.

LOST AND STOLEN PROPERTY

Pure Heart Wellness will not be held responsible for any theft or loss of personal possession. Whilst Pure Heart Wellness will endeavour to ensure the security of guests’ personal possessions when using accommodation or vehicles booked by us we cannot guarantee it. It is up to each participant to be responsible for the safety of their personal possessions, documents and equipment. No responsibility or liability will be accepted in respect of such items. All clients should ensure that they take out travel insurance appropriate to their needs taking into account their individual circumstances.

IMAGES, AUDIO, AND VIDEO

We may during the course of the Retreat take pictures, record videos and audio to promote the Retreat on our Site. If you have any objections to this, please inform the Pure Heart Wellness representative.

COMPLAINTS PROCEDURE

We hope you have a wonderful time on our Retreat, however, if you have any concerns or complaints about your stay or experience with Pure Heart Wellness, you must report your concern or complaint immediately with the Retreat representative, as this will allow us the opportunity to remedy any issues raised. We cannot accept any liability whatsoever if we are not informed immediately, of any concern or complaint occurring during your stay. If a concern or complaint is not completely resolved at the Retreat, then please ensure that you write in with your concerns or complaint within 28 days of the end of the Retreat. We will not accept liability for concerns or complaints received after this period. Once we have received your complaint by email after the matter has been attempted to be resolved on the Retreat, we will commence our complaints procedure.

Once we have received your written complaint via email, we will investigate the issues raised by you. This may take up to 2 weeks whilst we contact all relevant Retreat staff and suppliers to discuss the issue raised. We will then reply to you via email with our response.

OUR LIABILITY TO YOU

We use our best endeavours to ensure that the Retreat that you book with Pure Heart Wellness is supplied as described on our Site and further ensure, the services we are contractually obliged to provide are provided to a reasonable standard. Our liability for any breach of a condition or warranty under these booking terms and conditions shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

CEASING OUR WEBSITE

We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost-effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.