Terms & Conditions 2020 TICKET PURCHASE AND EVENTS by New Moon Wellness Retreats
This ticket is sold by New Moon Wellness Retreats (ABN 83948724599).
'You' and 'your' refers to the customer. 'We', 'us', 'our', 'New Moon Wellness’ and 'Event organiser' refers to New Moon Wellness, its employees, contractors, volunteers and authorised persons.
About the Event /s
Welcome to (the 'Website'). The Website provides you the opportunity to browse and purchase tickets to our events (the 'the Event).
2 The Website is operated by New Moon Wellness Retreats (ABN 83948724599) 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
2. Ticket Sale Agreement
2.1 This agreement refers to all terms and conditions specified by us on our website and through our booking system
2.2 Tickets are sold subject to New Moon Wellness conditions of sale and to the terms and conditions of entry to the event.
2.3All ticket sales are final and non-transferable. Only one ticket is valid per ticket purchase. It is a condition of sale, that tickets may not be offered for re-sale and they are only valid if purchased from the New Moon Wellness Retreat website at www.newmoonwellnessretreats.com
2.4 The proposed events are 18 years and over.
3. General Disclaimer
3.1To the fullest extent, permitted by law, we do not accept liability of any nature for the acts, omissions or default of those providing services in connection with the event, or any liability for any injury, damage, loss, delay or additional expenses which are incurred at or in association with this event, regardless of the cause (including negligence). In no event will we be liable for any indirect, consequential, exemplary or special damages.
4. Register and Collection of Personal Information
4.1 To purchase a ticket to the event, you must register your details through the Website and pay the applicable fee.
4.2In purchasing the ticket, you acknowledge and agree that it is your responsibility to ensure that the Event you elect to purchase is suitable for your use.
4.3 You warrant that any information you give to New Moon Wellness in the course of completing the registration process will always be accurate, correct and up to date. Failure to do so may result in not being able to receive our services: as bound by the guidelines of AHPRA (Australia Health Pracitioner’s Registration Agency)
4.4 You warrant that any information you do not disclose to New Moon Wellness Retreats in regards to your current health status is at your own risk and New Moon Wellness Retreats will not be liable for negligence in this case.
4.5 Once you have completed the event registration process, you will be a registered as an ‘Event Attendee’ and agree to be bound by the Terms. As an ‘Event Attendee’ you will be granted access to the Event.
4.6 You may not use the Services and may not accept the Terms if:
a) You are not of legal age to form a binding contract with New Moon Wellness Retreats; or
b)You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
5.1 Where the option is given to you , you may make payment for the ticket Event fee by the way of
Credit or Debit Card payment (Stripe)
All payments made in the course of the Event are made using Stripe or Paypal. In using the website or when making a payment in relation to the Event, you warrant that you have read, understood and agree to be bound by the Stripe and Paypal terms and conditions available on their website. 5.2 You 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. 5.3 You agree and acknowledge that Lunar Chinese Medicine 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
6. Refund Policy
6.1 We reserve the right to add, withdraw, reschedule, substitute and vary advertised content, prices and venues, associated with the events.
6.2There will be no refund on any unused portion of tickets if you are asked or forced to leave, or if you decide not to attend or participate for any reason.
6.3 New Moon Wellness Retreats will not be responsible for purchases or services outside of the Event, such as accommodation and transport.
6.4 New Moon Wellness Retreats will only provide you with a refund of the Event fee in the event that New Moon Wellness Retreats are unable to continue to provide the Event or if the manager of New Moon Wellness Retreats makes a decision, 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 Purchaser (the 'Refund').
7. Intellectual Property and Copyright
7.1The Website, the Services and all of 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.
7.2All 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: use the Website pursuant to the Terms; copy and store the Website and the material contained in the Website in your device's cache memory; and print pages from the Website for your own personal and non-commercial use. New 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 Lunar Chinese Medicine.
7.3New 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: business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or 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.
7.4You 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.
8. Photography and Filmography
8.1 New Moon Wellness Retreats has all rights to film, photo and video the Event
8.2 New Moon Wellness Retreats has the rights to use film, photo or video from our Events for advertisement on our platforms such as the Website and social media.
8.3 If you request to not be included in any of the film, photo or video footage you must notify us in writing to the commencement of the Event. Failure to do so without notice will not provide an exemption.
9. Limitation of liability
9.1New 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.
9.2You 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.
10. Waiver and Release
10.1 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.
10.2 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.
10.3 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.
10.4 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
10.5 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.
10.6 This 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.
10.7 The 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
10.8 By 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.
11.1 By using our services, you agree that New Moon Wellness Retreats is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold New Moon Wellness Retreats liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by New Moon Wellness Retreats
11.2 All our information in the Events is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and New Moon Wellness Retreats takes no responsibility for your actions, choices or decisions.
12. Refund Policy
- We reserve the right to add, withdraw, reschedule, substitute and vary advertised content, prices and venues, associated with the events.
There will be no refund on any unused portion of tickets if you are asked or forced to leave, or if you decide not to attend or participate for any reason.
New Moon Wellness Retreats will not be responsible for purchases or services outside of the Event, such as accommodation and transport.
New Moon Wellness Retreats will only provide you with a refund of the Event fee in the event that New Moon Wellness Retreats are unable to continue to provide the Event or if the manager of New Moon Wellness Retreats makes a decision, 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 Purchaser (the 'Refund').
13. Cancellation or Event Reschedule Policy
13.1 If the Event is cancelled due to unforeseen weather or circumstances out of our control, there is no right of refund or exchange, nor any obligation to arrange a substitute event.
13.2 We reserve the right to cancel or postpone the Event for any reason within our control. In this case, you will be offered a refund for the face value of the ticket purchased.
14. Payment Plan
14.1 You have the option to purchase a ticket for the event with a $0 up front registration through our website only
14.2 This offer is available for a limited time only
14.3 The instalment of the tickets must be paid 7 days of purchase in order to secure your reservation. We cannot guarantee your ticket purchase if payment is not made.
14.4 If payment is overdue we will automatically withdraw your registration and refuse the right to provide a refund in this case.
15.1 You 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.
15.1 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).
15.2 Notice: 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.
15.3 Resolution: 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 undertake to 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.
15.4 Termination 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.
16. Venue and Jurisdiction
16.1 The 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.
17. Governing Law
17.1 The 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.
18. Independent Legal Advice
18.1 Both 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.
19.1 If 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.
No alcohol or illicit drugs can be taken into the event. If you are caught with alcohol or illicit drugs, your ticket will be forfeited and you will be escorted from the event site with no re-entry. In the case of finding illicit drugs, the matter will be referred to the police.
No video cameras, professional cameras or any item prohibited by law are permitted within the event.
You consent to be included in any photography, film and/or sound recordings of the event or its surrounds and for these recordings to be used by us for any future event marketing and promotional purpose including our website and social media sites.
Entry may be refused if tickets are damaged or defaced in any way or are not purchased through an authorised point of sale. If a fraudulent ticket is presented the matter will be referred to Victoria Police Services.
You may smoke in Designated Outdoor Smoking Areas. No food or drink is to be consumed in these areas.
Neither we nor the venue will be responsible for any loss or damage to the property (including personal property such as bags, money or other personal items) you bring to the event.
You are liable for any loss or damage you cause at the event.
You must act in an orderly manner when attending the event.
We may refuse entry or evict you if you are behaving in a disorderly, offensive or inappropriate manner, or if you breach the Entry Conditions.
This event is an 18 years and over event. ID and ticket may be presented at check-in on the day of the retreat or workshop
This is an alcohol-free event and any alcohol brought onto the premises for consumption is strictly prohibited