NEW MOON MEMBERSHIP TERMS AND CONDITIONS
About the Website
1.1Welcome to (the 'Website'). The Website provides you with an opportunity to subscribe and purchase a 12-month membership that is listed for sale that gains access to a variety of products (the 'Membership Services'). The Website provides this service by way of granting you access to the content on the Website (the ‘Membership Services’).
1.2The Website showcases paid Membership services that offer health tips, e-books, podcasts, exercise content and health related blogs. (the ‘Membership Services’)
1.3The Website is operated by New Moon Wellness Retreats (ABN 83 948 724 599). Access to and use of the Website, or any of its associated Products or Services, is provided by New Moon Wellness Retreats. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.4New Moon Wellness Retreats reserves the right to review and change any of the Terms by updating this page at its sole discretion. When New Moon Wellness Retreats updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
2.1You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by New Moon Wellness Retreats in the user interface.
3. General Disclaimer
3.1Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
3.2Subject to this clause 5, and to the extent permitted by law:
. (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
. (b) New Moon Wellness Retreats will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3.3Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of New Moon Wellness make any express or implied representation or warranty about the content or any products or content (including the products or content of New Moon Wellness Retreats) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as result of any of the following:
. (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
. (b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
. (c) costs incurred as a result of you using the Website, the content or any of the products of New Moon Wellness Retreats; and
. (d) the content or operation in respect to links which are provided for your convenience.
4. Information Disclaimer
4.1The information contained in this website is for general information purposes only and is not meant to substitute professional advice or treatment. If you have or suspect you may have medical issues which may be affected you should promptly contact your health care provider. Any statements regarding health advice, supplements and nutrition are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.
5. Waiver and Release for Yoga, Exercise or Movement online classes
5.1 I agree to abide by the rules of New Moon Wellness Retreats. I am responsible for any damage to the equipment which I may cause due to negligence.
5.2 By agreeing to the ‘Terms’ I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge New Moon Wellness Retreats, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for the benefit of, New Moon Wellness Retreats, provided that this waive of liability does not apply to any acts of gross negligence, or intentional, wilful or wanton misconduct.
5.3 I understand that the activities, in which I will participate, are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myself, my heirs, assigns, administrators, executors and next of kin, I waive all claims of damage, injuries and death sustained to me or my property, that I may have against the afore mentioned release party to such activities, including claims in tort, contract, equity or otherwise.
5.4 I acknowledge, agree and represent that I understand the nature of New Moon Wellness Retreats, I AM IN GOOD HEALTH and in PROPER PHYSICAL CONDITION to participate in such activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will IMMEDIATELY DISCOUNTINUE further participation in the activity
5.5 By this Waiver, I assume any risk, and take full responsibility and waive and of personal injury; death, damage, or loss of personal property, associated with New Moon Wellness Retreats, including but not limited to using the facility and its equipment in any manner, form or fashion.
5.6This WAIVER AND RELEASE contain the entire agreement between parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
5.7The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of New Moon Wellness Retreats, whether by agreement, by operation of law, or otherwise
5.8By agreeing to the ‘Terms’ I understand and fully agree to the term of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights.
6. Subscription to use the Membership Services
6.1 In order to access the Membership Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee'). As part of your purchase of the Subscription you have a free 5 day trial
6.2As bound by the Terms, we refuse the right to accept you as a member on the Website.
6.3In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
6.4Once you have purchased the Subscription or the 5 day free trial, you will then be required to register for an account through the Website before you can access the Membership Services (the ' Account').
6.5As part of the registration process, or as part of your continued use of the Membership Services, you are required to provide personal information about yourself (such as identification or contact details), including:
. (a) Email address
. (b) Mailing address
. (c) Password
6.4You warrant that any information you give to New Moon Wellness Retreats in the course of completing the registration process will always be accurate, correct and up to date.
6.5Once you have completed the registration process and been accepted, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Membership Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
6.6You may not use the Services and may not accept the Terms if:
. (a) you are not of legal age (18 years old) to form a binding contract with New Moon Wellness Retreats
7. Your obligations as a Member
7.1 As a Member, you agree to comply with the following: (a) you will use the Membership Services only for purposes that are permitted by:
. (i) the Terms; and
. (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify New Moon Wellness Retreats of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of New Moon Wellness Retreats providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of New Moon Wellness Retreats;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by New Moon Wellness Retreats for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
8.1Where the option is given to you, you may make payment of the Subscription Fee by way of:
. (a) Credit Card Payment ('Credit Card')
. (b) PayPal ('PayPal')
8.2All payments made to purchase the Membership Services are made using Stripe / PayPal. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe / PayPal terms and conditions which are available on their website.
8.3You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
8.4You agree and acknowledge that New Moon Wellness Retreats can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
8.5You agree and acknowledge that your subscription fee is for a 12-month period only. As per the Terms, renewal of subscription will occur 12-months from initial purchase.
8.6You agree and acknowledge that must request to cancel prior to the end of the 5 day trial to avoid being charged for the Subscription Fee. In failure to provide cancellation, you will be charged the Subscription fee.
9. Refund and Cancellation Policy
New Moon Wellness Retreats will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of New Moon Wellness Retreats decides at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').
9.1 I agree and understand that New Moon Wellness Retreats will not issue a refund once payment is made upon request under any circumstance or if subscription is cancelled earlier than end date
9.2 I agree and understand that New Moon Wellness Retreats will not issue a refund once payment is made after the 5 day- free trial
10. Copyright and Intellectual Property
10.1The Website, the Services and all the related products of New Moon Wellness Retreats are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by New Moon Wellness Retreats or its contributors.
10.2All trademarks, service marks and trade names are owned, registered and/or licensed by New Moon Wellness Retreats, who grants to you a worldwide, non- exclusive, royalty-free, revocable license whilst you are a Member to:
. (a) use the Website pursuant to the Terms;
. (b) copy and store the Website and the material contained in the Website in your device's cache memory; and
. (c) print pages from the Website for your own personal and non-commercial use.
10.3New Moon Wellness Retreats does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by New Moon Wellness Retreats.
10.4New Moon Wellness Retreats retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
. (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
. (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
. (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
10.5You may not, without the prior written permission of New Moon Wellness Retreats and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
11. Limitation of liability
11.1New Moon Wellness Retreats total liability arising out of or in connection to the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
11.2You expressly understand and agree that New Moon Wellness Retreats, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12. Termination of Contract
12.1The Terms will continue to apply until terminated by either you or by New Moon Wellness Retreats as set out below.
If you want to terminate the Terms, you may do so by:
. (a) providing New Moon Wellness Retreats with 7 days' notice of your intention to terminate; and
. (b) closing your accounts for all of the services which you use, where New Moon Wellness Retreats has made this option available to you.
. C) no refund for Membership Services will be made if termination of subscription is made in the user’s discretion, even when the termination is before the end of the subscription date
12.2Your notice should be sent, in writing, to New Moon Wellness Retreats via the 'Contact Us' link on our homepage.
12.3New Moon Wellness Retreats may at any time, terminate the Terms with you if:
. (a) you have breached any provision of the Terms or intend to breach any provision;
. (b) New Moon Wellness Retreats is required to do so by law;
. (c) the provision of the Services to you by New Moon Wellness Retreats is, in the opinion of New Moon Wellness Retreats, no longer commercially viable.
12.4Subject to local applicable laws, New Moon Wellness Retreats reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts New Moon Wellness Retreats name or reputation or violates the rights of those of another party.
13.1You agree to indemnify New Moon Wellness Retreats, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
. (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
. (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
. (c) any breach of the Terms.
13.1 Dispute Resolution 13.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
13.2Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
13.3Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
. (a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
. (b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Meditation Association or his or her nominee;
. (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertakingto pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
. (d) The mediation will be held in Melbourne, Victoria or online via Zoom, Australia. 13.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13.4Termination of Mediation: If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
14.1The Services offered by New Moon Wellness Retreats is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
15. Governing Law
15.1The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
16.1Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
17.1If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.