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Terms and Conditions

The Awakening Self-Discovery Retreat website (https://www.afreshapproach.com.au/awakening-retreat.com.au (our Site)), Awakening Self-Discovery Retreat events (Live or Virtual Events), online platforms, training programs (Programs), emails, marketing, landing pages (Landing Pages) and social media platforms provide general information for self-improvement and making beneficial lifestyle changes.

The information provided by Awakening Self-Discovery Retreat via these sources is general in nature and does not replace medical or professional advice. The information is gathered from experts, scientific researchers and/or physicians accredited in these health fields, and therefore are not generated by The Awakening Self-Discovery Retreat facilitators.

The Awakening Self-Discovery Retreat facilitators (‘we’, ‘us’ or ‘our’) are subject to abide by Victorian state laws, and such laws will govern this Agreement. We make no representation that our Site or services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our Site or services, you agree to do so subject to the internal laws of the State of Victoria.

Our terms (Terms) include our Terms and Conditions, our Privacy Policy, Refund Policy and our Disclaimer.

By using or interacting with our Site, Products or Services, Programs, or Social Media applications, you (“User” or “You”) agree to have read, understood and are bound by these Terms of Use. If You do not agree with any of our Terms, we ask that you immediately cease using our Site, online Products/Services and Social Media applications.

These Terms and Conditions (Terms) govern your use of our Site, as well as our Programs and Services, and form a binding contractual agreement between you and Us. These Terms constitute the entire and only agreement between you and Us and supersedes all prior agreements, conduct, representations and understandings. These Terms are important, and you should ensure that you read them carefully.

Please contact Awakening Self-Discovery Retreat at AwakeningSelfDiscoveryRetreat@gmail.com if you have any questions before purchasing our products or engaging our services.

 

Acceptance of Terms

1. We may change all or part of these Terms at any time without prior notice or consent. Updates to our Terms, Programs and/or Services are effective immediately upon being used on our Site, in our Programs, products and services, or any of our online platforms. Your continued use of these resources will constitute your acceptance of all changes.

2. In agreeing to our Terms, we reserve the right to modify, alter, or update our Terms at any stage.

3. If you object to any changes to the Terms, your only remedy is to contact us at AwakeningSelfDiscoveryRetreat@gmail.com and immediately discontinue your use of the products and/or services.

4. By accessing, downloading or using any of the free or paid Programs, products and/or services, whether or not you register as a member, or purchasing tickets to attend any Awakening Self-Discovery Retreat event, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

General Disclaimer

5. All Awakening Self-Discovery Retreat Programs, products and services are intended for general education and information purposes only. Nothing on our Site, or any of the content provided to you by Us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.

6. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

 

7. You acknowledge and agree that Awakening Self-Discovery Retreat, its facilitators, affiliates, contractors and representatives are not responsible for decisions that you may make, health effects nor losses that may arise out of any health, business or personal decision made by you at any time.

 

8. While the information and material contained on our Site, products and services or online platforms is believed to be accurate and current, it is provided by us on an “as is” basis. We subsequently accept no responsibility for, and make no guarantees as to the reliability, accuracy or completeness of the information contained herein.

 

9. You acknowledge and agree that We are NOT psychologists, dietitians/nutritionists, physicians, medical or health practitioners and we are not qualified to provide dietary or nutritional advice. The information, insights, guidance and/or recommendations we provide are for general information purposes only and are not to be relied on for any diagnostic or treatment purposes. Information we provide, is NOT in any way a substitute for any professional dietary or medical advice. We highly recommend that You discuss ANY dietary or lifestyle changes you wish to undertake with your physician or healthcare practitioner BEFORE engaging in any of our products or services to ensure they are suitable for you.

10. Use of our Site, online platforms or any of our products or services does not establish a “doctor-patient” relationship. The information provided by Awakening Self-Discovery Retreat should not be used as a substitute for professional diagnosis and treatment. Any dietary or nutritional information provided by Us or by contract from third party service providers, is provided simply for your convenience and is general information, readily available on the internet.

Results Disclaimer

11. Awakening Self-Discovery Retreat cannot and does not make any guarantees about your ability to adhere to our recommendations and get results or improve your health using any of our recommendations, ideas, information, tools, videos, handouts, checklists or strategies. You acknowledge that there is an inherent risk in any health or dietary activity and agree there is no guarantee that you will improve your health, circumstances, mindset or outcome as a result of your purchase of any of our products and/or services.

12. Any numerical results from us or our clients, referenced on our Site, in our videos, forums, online programs products or during the provision of our services, are illustrative of concepts only and should not be considered as promises for actual or future performance.

13. The Awakening Self-Discovery Retreat provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decisions you make or action (inaction) you take, and the consequences that flow from such decisions and actions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation of which we cannot guarantee.

Registering Your Details

14. Before you purchase any of our products and/or services, you must register an account with us.

15. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

16. We may at any time request a form of identification to verify your identity.

17. Any information you provide to us for posting or inclusion in our Awakening Self-Discovery Retreat Online Community (either via our Site, online Program or via written/verbal communications), at any time, becomes our property.

18. To the extent that you provide personal information, We will treat such information strictly in accordance with our Privacy Policy.

Your Obligations

19. Participants undertaking any of our Services or Programs are required to:

     a. Ensure that all the information provided to us is accurate;

     b. Notify us of any contact changes (email, telephone, address etc.);

     c. Inform Us of any dietary restrictions, health conditions, medical concerns, or other special considerations in advance. While we will make every effort to accommodate these needs, participants acknowledge that the We cannot be held responsible for any unforeseen issues that may arise due to undisclosed information or unanticipated circumstances.

     d. Advise us of any difficulties or problems they may experience with staff, procedures or training;

     e. In your interactions with us, you agree to conduct yourself civilly and respectfully at all times with Us and fellow participants. You agree that you shall not, under any circumstances, use abusive language, make forceful contact with or harass staff or fellow participants, or conduct themselves with unacceptable behavior. We reserve the right to determine, at Our sole discretion, what constitutes unacceptable behavior, and where that has occurred, we may, partially or completely, deny service to any infringing party and request them to leave the event.

20. Your use of Services is for Your personal use only. You are entirely responsible for any and all activities which occur under your name. You assume all risk when using the Products/Services, including but not limited to all of the risks associated with any in person, online or offline interactions with others.

21. We may suspend or block your ability to use our Services, without notice, for any reason and we may refuse to disclose the reason(s) for such action. All decisions regarding the suspension or termination of your ability to use the Services shall be made at Our sole discretion.

22. We have no control over, and cannot guarantee the availability of Our Programs. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the Retreat attendance, use of the Site, Landing Page provider or any of Our Services whatsoever.

23. You waive the right to cancel any credit card or debit card payments which have already been cleared through our payment processor.

24. You agree to pay the purchase price specified on the Site or Landing Page provider at the time you place your order. All amounts are stated in Australian Dollars (AUD) and all purchase prices include Australian GST (where applicable).

Confidentiality

25. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using any of our products and/or services, you agree to respect the same rights of the other Awakening Self-Discovery Retreat product and/or services participants (Participants) and representatives of The Awakening Self-Discovery Retreat.

26. You agree:

     a. That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.

     b. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.

     c. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.

     d. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

     e. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.

27. Information provided by you is considered confidential and will not be divulged to any third party, nor will it ever be sold.

28. We will make reasonable efforts to ensure you information is secure and ensure that any of our employees, contractors or agents who have access to the information do not make any unauthorised use, modification, reproduction or disclosure of that information. We will only disclose information that we have about you:

     a. To the extent specifically required by law; or

     b. For the purposes of your Product or Service agreement with us, including disclosing information in connection with any query, payment or claim

29.  Upon enrolment into any of our Programs or services, we may use deidentified content from your emails, social media posts, or other communications in our marketing materials and on our Site. Your full identity will never be revealed, however we may use your name and/or city. Please be assured that we respect your privacy and only comments related to course outcomes and positive student experiences will be mentioned.

Copyright Notices

30. All material on our Site, via our social media platforms, online Programs or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it.

31. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.

32. You acknowledge that you do not acquire any ownership rights by using any of our products or services, or by accessing our Site content or social media posts.

33. Nothing contained on our Site, Our Retreat or on our social media platforms, should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission.

34. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Awakening Self-Discovery Retreat will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

35. All content included or available within our Site, Social Media platforms, Programs, Products, Services or and of our live or virtual events (including content, design, worksheets, handouts, checklists, text, graphics, interfaces, and the selection and arrangements thereof) is copyright with all rights reserved.

36. Any use of materials, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data mining or data extraction, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Awakening Self-Discovery Retreat is strictly prohibited.

37. All other third-party trademarks referenced by us, are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those trademark owners. In addition, such use of trademarks or links to the Sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with us.

Right to Suspend, Terminate and Refund

38. We reserve the right to suspend or terminate your registration of our Products and/or services, if you breach any of these Terms, as determined by us in our sole discretion.

39. Refunds are not provided for our products and/or services, including where you have been given access to Our Content or our Awakening Self-Discovery Retreat, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth).

40. Invoices for any Awakening Self-Discovery Retreat product or service are automatically generated and can be requested at any time by emailing AwakeningSelfDiscoveryRetreat@gmail.com  .

41. Our payments are generally operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:

    a. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.

    b. If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.

    c. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.

42. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.

Refunds

43. Pursuant to the Australian Consumer Laws (ACL) refunds will only be given if the below criteria has been met:

    a. Awakening Self-Discovery Retreat is unable to deliver a course for which a learner has paid fees; or

    b. The learner has paid to Awakening Self-Discovery Retreat an amount greater than the course fee(s) as advertised at the time of enrolment; or

    c. The learner is otherwise entitled to a refund pursuant to the ACL.

44. The Awakening Self-Discovery Retreat is legally required to abide by conditions of approval to deliver Programs and services; these conditions are enforced by regulatory agencies and are subject to change. Regulatory requirements and changes are outside our control.

45. Notwithstanding your rights under the ACL, refunds cannot be given for any of the following alternative reasons not prescribed as grounds for a refund under the ACL:

    a. Failure to review and consider all information presented on the Awakening Self-Discovery Retreat Site prior to enrolment

    b. Incorrect choice

    c. Change of circumstances

    d. Financial hardship

    e. If you make a payment but want or have seen a different price elsewhere

    f. Unwillingness or inability to comply with the requirements of the Program

    g. General misconduct

46. Where it is proven that you have paid to Awakening Self-Discovery Retreat an amount greater than the program fee(s) as advertised at the time of enrolment (for the location where the purchase was made),We will refund you the amount which is the difference between the advertised program fee and the amount paid by you.

47. Where regulatory changes may have impacted the Program conditions and/or requirements so as to cause you loss or disadvantage, you may not be entitled to a refund.

48. Any loss or disadvantage to you that is not caused by Awakening Self-Discovery Retreat directly, there are no grounds for granting a refund.

49. While Program payments are non-refundable, if you may have extenuating circumstances that prevent you from undertaking the Program, Program payments may be partially refunded or the program dates deferred, or transferred to another attendee providing that sufficient evidence can be successfully produced to support these circumstances. The decision of assessing the extenuating circumstances rests solely with Us and shall be assessed on a case-by-case situation.

When and how we issue refunds:

50. Upon determining that the refund request is valid and due to you under these Terms, we will issue such refund or cancellation within 30 days of that determination.

51. If you are entitled to a refund, we will refund you on the credit card or debit card used by you to pay for the Products or Services.

 

Results Guarantee

52. Awakening Self-Discovery Retreat provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation to make positive changes to your mindset, diet and lifestyle.

Other Terms and Conditions:

53. Please allow up to 2 working days to receive your Awakening Self-Discovery Retreat confirmation.

54. Registration access may NOT be transferred to another person without written consent from Us.

55. If you need to postpone your Program(s), you need to make a request 30 days in advance. Your request will be assessed accordingly and we will contact you regarding an outcome within 7 working days thereafter.

Awakening Self-Discovery Retreat events

56. For the purpose of the paragraphs below, any virtual events or in-person events hosted by Awakening Self-Discovery Retreat will be referred to as ‘Events’ (including but not limited to Catch-Up Sessions or Health Discovery Calls).

57. We reserve the right to exclude you from any event should you, in our determination, become disruptive or conduct yourself in any unacceptable manner.

58. You understand and acknowledge that Awakening Self-Discovery Retreat and/or its representatives may record any aspect of an Event (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Us, except if applied for and agreed with presenters to be excluded.

59. You hereby waive any and all legal rights you may have against Awakening Self-Discovery Retreat in respect of Recordings of your participation in the event and grant to Awakening Self-Discovery Retreat the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.

60. You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.

61. You hereby release, discharge and agree to hold harmless Awakening Self-Discovery Retreat from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.

62. You acknowledge and understand that you are not permitted to make any of your own Recordings at any Event, webinar or other in-person forum.

63. In the unlikely event that Awakening Self-Discovery Retreat cancels an Event, you will receive notification and a full refund of the purchase price paid for the Event. Awakening Self-Discovery Retreat will not reimburse any optional expenses including but not limited to flights and accommodation.

Liability is Limited

64. We have no liability for any interruptions in the availability of the Site Landing Pages, Services or Programs or the availability of Programs, Packages and Services.

65. We have no liability for any loss, damage, costs (including legal costs), or expenses whatsoever, whether direct, indirect, consequential, or incidental including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on Your information systems or costs of replacement goods, or otherwise, suffered by You or claims made against You, arising out of or in connection with the Site, inability to access or use the Site, or any of our products or services or the Sale Terms, even if We were expressly advised of the likelihood of such loss or damage.

66. Our total liability arising out of, or in connection with, the Packages/Services in the Sale Terms, however arising (including under contract, negligence, in equity, under statute or otherwise), will not exceed the total price paid by You for the purchase of products under the Sale Terms. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law.

67. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Products, services or Our Content.

68. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon the Site, Products, services or Our Content.

69. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

    a. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).

    b. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records.

    c. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

Indemnity

70. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Program, or through use of any of our products or services.

71. You agree to indemnify Us (our families, affiliates, subsidiaries, contractors, experts and employees) from and against all claims, lawsuits, liabilities, demands, actions, costs and expenses (including legal costs/fees and expenses made by You or by any third party, on a full indemnity basis) resulting from the User’s breach or infringement of the Sale Terms, violation of this Agreement and/or use of intellectual property or any right of any person or entity.

Dispute Resolution

72. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

73. In the case of claims against us, all notices are to be provided to AwakeningSelfDiscoveryRetreat@gmail.com

74. If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five (5) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes

 

Centre Limited

75. Once a mediator is appointed, the parties agree that:

    a. The costs of the mediator shall be borne equally between the disputing parties.

    b. The chosen mediator shall determine the procedures for mediation.

    c. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

76. If the parties have not mediated a resolution of the dispute within 14 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

77. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

78. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

79. This clause survives termination of these Terms.

Applicable Law

80. These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria Australia to determine any matter or dispute which arises between us.

Your Feedback

81. Participants are encouraged to provide written and/or verbal feedback at the closure of the Awakening Self-Discovery Retreat

82. We welcome enquiries or feedback on our Site, products or services at any stage. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

83. If you have questions or comments regarding our Site, Programs or any Awakening Self-Discovery Retreat products or services, please email us at AwakeningSelfDiscoveryRetreat@gmail.com

 

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Our failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such rights or provisions. The User acknowledges that by accepting this Agreement, they consent to the privacy practices described in Our Privacy Policy

Copyright © 2023 Awakening Self-Discovery Retreat. All Rights Reserved

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