SHE-com Pty Ltd (ACN: 663 965 624 ) of level 1, 54 Balgowlah Road, Balgowlah, New South Wales (SHE-com)
invites you to attend The Bali Business & Product Sourcing Retreat (Retreat)
to be held from 15 – 20 October 2023 inclusive. The details of the Retreat have been made available to you via the website www.lisajones.co (Website)
By accepting the invitation made by SHE-com to attend the Retreat, You are agreeing to these Terms & Conditions. The following constitutes a legally binding contract between You and SHE-com (the Agreement)
2. Party and Retreat Details
- a) the details set out on the sales page of the Website at https://lisajones.co/she-com-retreat-bali-2023 (Retreat Sales Page);
- b) these Terms & Conditions;
- c) the Release and Waiver; and
- d) any details provided to You in writing regarding the Retreat.
Your details are as provided by you at the sign up page of the Website (You/Your)
The retreat details are set out on the Retreat Sales Page.
The fee for the retreat (Retreat Fee)
is set out on the Retreat Sales Page.3. Retreat Registration
- (a) You secure a place at the Retreat upon registration for the available payment plan on the Retreat Sales Page, or by making full payment via the full payment option on the Retreat Sales Page.
- (b)All monies paid are non-refundable.
- (a) All payments are able to be made via the payment options made available on the Retreat Sales Page.
- (b) All monies paid are non-refundable.
- (c) If SHE-com does not receive Your total Retreat Fee on or before the dates agreed to by You when selecting your payment method, Your place in the Retreat may be forfeited and offered to another participant.
- (d) If any payment under this Agreement is not made in full on the due date, SHE-com is entitled to charge You interest at the rate of 5% per annum, calculated daily.
- (e) You agree that if You default on any payments due and payable under this Agreement, any costs incurred by SHE-com for steps taken to enforce payment terms will be recoverable and payable by You.
- (f) Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.
5. Fee Inclusions and Exclusions
- (a) The Retreat Fee inclusions are set out on the Retreat Sales Page.
- (b) The Retreat Fee excludes:
- Excess baggage charges;
- Travel to and from the Retreat (such as flights and transfers);
- Travel insurance;
- Food or drink purchased off site;
- Lunches on 3 days; and
- Spa activites.
6. Cancellation Policy and Refunds
- (a) Cancellation by SHE-com
SHE-com will use its best endeavours to ensure the Retreat goes ahead, however, SHE-com reserves the right to cancel the Retreat at any time prior to the Commencement Date for any reason if this becomes necessary, in the reasonable opinion of SHE-com. If this does occur, You will have the option of receiving a full refund of the Retreat Fee paid, or keeping your booking which will be applied at the next retreat held by SHE-com. In no circumstances will SHE-com be responsible for any other amounts including but not limited to airfares, accommodation, losses, damages or preparation costs.
- (b) Cancellation by You Before the Retreat
If You wish to cancel Your booking You must do so in writing to email@example.com
All monies paid are non-refundable. It is your responsibility to find an alternative participant to attend the Retreat in your place.
- (c)Cancellation and Termination during The Retreat
You may at any time after the commencement of the Retreat, choose to cancel Your participation or cut short Your involvement in the Retreat. You must detail Your cancellation in writing to firstname.lastname@example.org. If You cancel your participation in the Retreat, or if SHE-com terminates Your participation in the Retreat for any reason (excluding You from further participation in the Retreat), Your return home shall be at Your sole expense, arrangement and risk. No refund of any kind of the Retreat Fee will be available. You acknowledge and agree that SHE-com is not responsible or liable in any way, directly or indirectly, for any damage or injury incurred or sustained by You after you leave the Retreat.
7. Force Majeure
- (a) If the Retreat is delayed or cancelled as a result of unforeseen circumstances or causes beyond SHE-com’s control including but not limited to: any strike, lock-out, shortage of labour and materials, delays in delivery of materials, failure of other trades/contractors to complete necessary work in a timely manner, unexpected issues arising through the renovation process, a pandemic, riot, political or civil disturbances or inclement weather; You agree that You will not have any claim against SHE-com for damages or otherwise.
- (b) If a force majeure event occurs, SHE-com will not be considered to be in breach of this Agreement in any way.
- (c) If you choose to terminate this Agreement as a result of a force majeure event, clause 6 will apply.
8. Informed Decision
- (a) Before signing this Agreement, You acknowledge and agree that SHE-com is not a travel business and that SHE-com is arranging a bespoke and tailored itinerary and set of activities for participants.
- (b) You acknowledge that You have read all information issued to You by SHE-com that describes the Retreat.
- (c) You are responsible for Yourself while participating in the Retreat, and the potential health, safety, and other risks associated with Your participation in the Retreat, including but not limited to accidents or illness, covid-19 or other pandemics, disease, poor sanitation, inadequate medical care and facilities, terrorism, Acts of God, accidents, crime, the hazards of travel by air, train, boat, and motor vehicle, poor weather conditions and natural disasters, rest with You.
- (d) You have taken the opportunity to ask any questions You may have about the Retreat, and the responsibilities and risks involved, and You have willingly and freely assumed any and all risks associated with domestic travel and the Retreat in general.
9. Responsibility for Preparation
You agree to attend to all preparation for the Retreat as may be required. You warrant that (and SHE-com relies on such warranty) Your physical condition and health are suitable to participate in the Retreat, and You have and will take any necessary medical precautions before embarking on the Retreat (and during the Retreat if necessary).
10. Health and Health Insurance
- (a) You acknowledge that You are responsible for obtaining all recommended and necessary immunisations.
- (b) You warrant that You are responsible for educating and informing yourself and discussing with your health care provider diseases, illnesses, and other health concerns that may result from traveling and participating in The Retreat.
- (c) You further warrant that you have been examined by a qualified physician of your choice; that such physician was in possession of all pertinent facts concerning You and The Retreat; and that such physician has advised You of the medical advisability of participation.
- (d) You assume all risk and responsibility for your medical needs while a participant in The Retreat, and acknowledge that SHE-com is not responsible for the provision and quality of medical treatment or hospital care received while such a participant.
- (e) In the event of a medical emergency, however, You authorise SHE-com to take action deemed in good faith to be necessary for your health and safety.
- (f) You assume full financial responsibility for, and release SHE-com from any and all liabilities resulting from the good faith exercise of this authority
11. Intellectual Property Rights
- (a) You agree that any works, items, materials or information produced or developed by SHE-com or under SHE-COM’s direction pursuant to or in the course of providing the Retreat will remain the sole and complete property of SHE-com.
- (b) If SHE-COM provides any intellectual property to you as part of the Retreat (such as workbooks or presentation notes or slides), SHE-com grants You a non-exclusive and non-transferable license to use that material only for the purpose of facilitating the Retreat.
- (c) There is no assignment of Intellectual Property Rights by SHE-com to You under this Agreement.
12. Disclosure and Use of Confidential Information
- (a) All obligations of confidentiality set out in this Agreement continue in full force and effect after the Retreat has ended. For the purpose of this Agreement, Confidential Information means information that is not generally available to the public.
- (b) Either party must not disclose any Confidential Information to any third-party without the other party’s, or other participant’s prior consent.
- (c) Each party must keep confidential any Confidential Information shared during the Retreat. If a party becomes aware of a breach of this obligation, that party will immediately notify the other party.
- (d) This Agreement prohibits the disclosure of Confidential Information by either Party except in the following circumstances:
i. If the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement and the other party has consented to the disclosure of such information to the professional adviser;
ii. if the disclosure is required by applicable law or regulation; or
iii. if the confidential information is already in the public domain at no fault of the other party.
13. Travel Insurance
SHE-com recommends that You purchase adequate and relevant travel insurance. It is Your
responsibility to purchase adequate and relevant travel insurance to cover You for any instance, including loss, damage or illness.
14. Changes in Retreat
- (a) SHE-com reserves the right to make a venue change if required and will advise you as soon as possible should such a change occur.
- (b) While SHE-com makes every effort to ensure all published itineraries and information is up to date, accurate and kept consistent for the duration of the Retreat, she reserves the right to make changes at any time should this be necessary.
15. Compliance with Laws, Regulations & Rules
- (a) You agree to abide by all laws of all places visited, including but not limited to laws governing the use of alcohol and drugs. If You choose to consume alcohol, as allowed by law in any relevant jurisdiction, You agree to do so responsibly and at Your sole risk.
- (b) You agree to comply with all rules, regulations, and standards of conduct applicable at any time during The Retreat.
16. Photography, Video and other Media Release
By attending the Retreat You acknowledge and agree that by participating in the Retreat You
irrevocably grant SHE-com, its agents and representatives or licensees or assignees the right and permission to take, use, re-use, publish and re-publish photographic portraits or pictures of You or in which You may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations. You understand that this media may be used for the following purposes: social media, marketing, email and other associated uses.17. Release of Claims
18. Dispute Resolution & Mediation
- (a) You, individually, and on behalf of Your heirs, successors, assigns and personal representatives, hereby indemnify and release fully and finally from any and all liability, claims, loss, suits, demands and damages, brought by You (or and including by any third party as a consequence of any act or omission of You) and covenant not to sue or cause to be sued in any judicial or administrative forum, or otherwise, SHE-com and its officers, agents, and employees with respect to any and all matters relating to or arising from Your conduct (including acts and omissions) and participation in the Retreat.
- (b) It is understood and agreed that SHE-com shall in no way be deemed responsible for the
- operation or management of any means of transportation, public or private, or facilities used by the Retreat or any Retreat participant, and Your participation on any tour or transportation or event or activity will be solely at Your own risk.
- (c) Further, should You engage in any activities which involve a risk to person or property while intoxicated or under the influence of any substance, You do so at Your own risk and agree SHE- com shall in no way be liable for Your actions, safety, loss and damage.
- (d) You acknowledge that SHE-com does not make any guarantees in relation to any sourcing requirements You may have. Sourcing suitable items takes time and whilst SHE-com will use its best endeavours to connect You with manufacturers,brokers and agents who may be able toassist You, SHE-com does not make any warranties or guarantees that these introductions will suit the needs or participants or achieve the desired results. SHE-com does not receive any commissions, fees or any other remuneration from making introductions or connections.
If a dispute arises out of, or relates to these Terms, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement in good faith, through an appropriate mediator to be appointed by independent third party, as agreed, or his or her nominee and attend a mediation.20. Modification
This Agreement cannot be modified except by another agreement in writing signed by You.21. Governing Law
The terms of this Agreement and Waiver are governed by the laws of New South Wales.22. Severance
Any part of this Agreement that is prohibited or unenforceable in any jurisdiction will only be
ineffective to the extent of that prohibition or unenforceability and will not invalidate the remaining parts of this Agreement.23. Agreement
You acknowledge that prior to accepting this Agreement, You have read these Terms and
Conditions, have had the opportunity to seek independent legal advice about the Agreement’s effect prior to signing, and You have a full understanding of the Agreement, You voluntarily accept the Terms and Conditions of this Agreement and execute it with the understanding that SHE-com relies on the statements and warranties set out in this Agreement.
I agree to the terms and conditions set out above.