TERMS AND CONDITIONS
We (“company”, “our” or “us”) and you (“customer”, “you” or “your”) agree as follows:
1.1 You acknowledge and agree that these terms and conditions (“terms”) shall apply to all services offered by the company from time to time and that the customer shall be bound by these terms.
1.2 Your use of any of the services offered by the company constitutes the customer’s acceptance of, and agreement to be bound by, these terms, as amended, novated or varied from time to time.
1.3 We reserve the right to unilaterally amend, novate or vary all or some of these terms at any time by posting the amended terms on the company’s website. If you continue to use our services after we amend all or some of these terms from time to time, you shall be deemed to have accepted the amended terms.
1.4 You expressly acknowledge that it is the customer’s responsibility to ensure the customer is familiar with the terms, as amended, novated or varied from time to time.
1.5 To be considered for our services, you must:
(a) Provide us with certain information. You warrant that the information you provide to us is correct, complete, accurate and up-to-date at the time you provide it and you agree to maintain and update the information as required to keep it correct, complete, accurate and up-to-date at all times.
(b) Be able to enter into a legally binding contract that is enforceable against you.
(c) Comply with these terms, as amended, novated or varied from time to time, at all times.
1.6 You must not register under multiple identities or personas, whether false or not.
1.7 We may use the information you provide to us to verify that it is correct, complete, accurate and up-to-date.
1.8 You give consent to the company to collect, retain and use personal information about the customer for the purpose of:
(a) Assessing whether you are suitable and/or eligible to participate in all or some of the activities which form part of our services;
(b) Assessing the customer’s creditworthiness;
(c) Disclosing to a third party, details of the customer’s credit and any subsequent dealings it may have with the company for the purpose of recovering moneys payable by the customer and providing credit references;
(d) Obtaining a credit report from a credit reporting agency.
2 PAYMENT CANCELLATION AND REFUNDS
2.1 At the time of booking a 10% non-refundable deposit is required to confirm your place.
2.2 The balance is payable thirty days prior to the Retreat for which you have registered. No refunds will be given for cancellations, however, you may nominate a replacement participant at no charge subject to that replacement participant meeting our assessment criteria at our sole discretion.
2.3 We reserve the right to cancel any event at any time at our sole discretion. In the event of such a cancellation by us, the registration fees that you have paid for that event will be repaid in full in such manner as we determine and such refund shall be the full extent of our liability to you in connection with any such cancellation.
3 GOODS AND SERVICES TAX
3.1 Goods and services tax will be charged by the company on the cost of the services supplied or to be supplied by the company at the rates prescribed by statute and it is accepted by the customer as an addition to the cost of the services unless otherwise specified.
4 INTELLECTUAL PROPERTY
4.1 You acknowledge and agree that all intellectual property rights in all or any part of our website and/or our services including our Retreats and our material including material produced during a Retreat, is and shall remain the property of the company or its suppliers and must not be copied or modified.
4.2 Audio and video recording is strictly not permitted during the educational sessions at the Retreat. If you fail to comply with this term you may be asked to leave the session at our sole discretion.
5.1 We collect personal information from you, including your:
• contact information
• date of birth
• identification such as your driver’s licence or passport
• state of health such as relevant medical conditions
• payment information such as your credit card or bank account details
• any other information you share with us
5.2 We may sometimes collect personal information about you from other people if you have authorised us to do so.
5.3 We may also collect your personal information if we believe in good faith we are legally required to do so.
5.4 We may use and share your information with others including our agents, consultants, subcontractors, suppliers or our related entities for the purpose for which you give it to us. We will also share your information if you have consented, you expect us to do so or we have told you we will do so, we are legally required to do so and/or if we reasonably believe it will prevent or lessen a reduce a threat to someone’s life or health or for reasons of public or other people’s safety.
5.5 Your information may be disclosed in special circumstances where we reasonably believe that doing so is necessary to identify, conduct or bring legal action against anyone damaging, injuring or interfering with our rights and/or property or anyone else who could be harmed.
5.6 You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you would like to ask for a copy of your information, or have it corrected, please contact us at www.falconsrise.com.
6.1 You fully indemnify, defend and hold harmless, the company, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, employees, consultants and subcontractors, from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of any of these terms by you or any other liabilities arising from your access or use of our services.
6.2 You fully indemnify, defend and hold harmless, the company, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, employees, consultants and subcontractors, from and against all claims, liability, damages, losses, costs and expenses (including legal fees) that you may suffer or incur in connection with your access or use of, or conduct in connection with, our services or any of our terms. Under no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including but without limitation to any loss of profits, goodwill, data or opportunity).
6.3 You expressly indemnify the company, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, employees, consultants and subcontractors in respect of any claim (howsoever described) arising from or touching upon in any manner howsoever. You agree to indemnify us and, in particular, not to name us as a party in any such dispute or proceeding of any nature howsoever.
7 LIMITATION OF LIABILITY
7.1 Where the supply of services and/or products is for business purposes, the provisions of the Customer Guarantees Act 1993 and its amendments shall not apply.
7.2 No warranty is given that the services are suitable for you or such services will meet your requirements and/or expectations.
7.3 All terms, conditions and warranties (whether express or implied) whether by us, our parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, employees, consultants and/or subcontractors statute or otherwise (other than those mandatory warranties in the Fair trading Act 1986 and Sale of Goods Act 1908 or other similar legislation) are expressly excluded.
7.4 To the maximum extent permitted by law, any and all liability we, or any of our owners, officers, managers, members, agents, employees, consultants and/or subcontractors, may have to you (whether in contract, tort or otherwise) for any loss or any indirect, consequential or economic loss, injury or damage (howsoever caused) which you may directly or indirectly suffer in connection with:
(a) Your access and/or use of our services; or
(b) Your use of or reliance on information contained in or accessed through our services; or
(c) Any service offered by us;
7.5 To the extent that any liability we, or any of our owners, officers, managers, members, agents, employees, consultants and/or subcontractors may have to you is incapable of exclusion, you acknowledge and agree that the maximum extent of our liability to you (or any party claiming by or through you), and that of our owners, officers, managers, members, agents, employees, consultants and/or subcontractors, is limited, in aggregate, to a sum equal to the sum actually paid by you to us for of any services or products acquired by you in the thirty (30) days immediately preceding the event giving rise to our liability under this clause.
8 DISCLAIMER/NO GUARANTEE
8.1 Every effort has been taken to ensure that the content of our website and/or our materials is accurate, however, we cannot guarantee such content is correct. We will do our best to rectify any errors identified, however, we cannot accept any liability or responsibility for any claim, liability, damage, loss, cost or expense (including legal fees) incurred.
8.2 Some service details and pricing contained on our website may change from time to time and it is possible that errors may occur. We reserve the right to make modifications and change our services, prices and/or offers without notice.
8.3 All services and/or offers are subject to change and availability without notice.
9 AVAILABILITY OF SERVICES/FORCE MAJEURE
9.1 We will not be liable to you for:
(a) Any claims, liability, damages, losses, costs and expenses (including legal fees) caused by events beyond our reasonable control.
(b) Any failure to perform our obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), weather, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone or communication network or service, or any circumstance beyond our reasonable control.
9.2 Registration fees will not be refunded in the event of an Act of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), weather, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone or communication network or service, or any circumstance beyond our reasonable control.
10.1 We may at any time, and without the need for any consent from you, assign or transfer all or any of our rights and obligations to you to any person or entity. Any such assignee shall be treated as the company for all purposes. You may not assign or transfer any of your rights or obligations to us to any other person without obtaining our prior written consent.
11 ELECTRONIC COMMUNICATIONS
11.1 You agree that these terms constitute an instrument in writing signed by you for the purposes of all applicable laws and regulations.
11.2 You agree that to the fullest extent permitted by applicable law, these terms and any agreements, notices or other communications (“communications”), may be provided to you, at our sole discretion electronically, or in paper format, by prepaid post, and you agree to receive all communications from us in electronic form if we so elect.
11.3 Electronic communications will be delivered to the email address you provide to us.
11.4 You may print a copy of communications sent electronically and retain them for your records.
11.5 Any communications in either electronic or paper format will be considered to be in "writing" and to have been received no later than three (3) business days after posting or dissemination, whether or not you have received or retrieved the communication.
12 GOVERNING LAW
12.1 These terms together with our policies and procedures (if any) are governed by and construed in accordance with New Zealand law. This means that a contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by New Zealand law.
12.2 You agree to the exclusive jurisdiction of the courts and tribunals of New Zealand.
13 DISPUTE RESOLUTION
13.1 If there is any dispute in any way connected with or arising out of or howsoever touching upon these terms, you agree that such dispute will be resolved in accordance with our then current dispute resolution procedure (the details of which we will notify to you in writing) for the time being in force
14.1 Where the supply of services by the company is for business purposes, the provisions of the Consumer Guarantees Act 1993 shall not apply and the company can give no warranty that the services are suitable for the purposes for which the customer proposes to use them. All terms, conditions and warranties (whether express or implied) whether by the company and/or its agents or employees, statute or otherwise (other than those mandatory warranties in the Fair Trading Act 1986 and Sale of Goods Act 1908 or other similar legislation) are expressly excluded.
14.2 The customer acknowledges and agrees that in supplying its services the company relies upon information supplied to it by the customer and/or the customer’s agents or employees. The company shall not be liable for services undertaken by the company based upon incorrect information and the customer indemnifies the company from all liability that may arise from work undertaken by the company based upon any such incorrect information.
14.3 The sole liability of the company and the exclusive remedy for the customer arising out of the performance of services or their use, whether arising under contract, tort (including negligence), strict liability or otherwise shall be a credit to the customer’s account for the cost of the services paid to the company by the customer.
14.4 The customer indemnifies the company against any prosecution, enforcement action or liability arising out of or in connection with services by the company or any officer, employee and/or agent including any loss, damages, penalties, fines or any other such costs whatsoever including (but not limited to) legal costs on a solicitor/client basis.
14.5 The company reserves the right to amend or vary these terms at any time and such variations shall take effect from the date notice of such variation(s) is given or supplied to the customer.
15.1 During a Retreat, photos and/or video may be taken by us and/or other participants, facilitators, and/or our agents, employees, consultants and/or subcontractors. These images may be used by us and/or our agents, consultants and/or subcontractors in promotional material unless you specifically request that we not use any material in which your image is recognisably depicted.
16 MEDICAL RESTRICTIONS AND MEDICAL WAIVER
16.1 Any prospective participant with a disability or pre-existing medical or health condition (physical or emotional) must advise the Retreat organiser at the time of booking and is advised to consult with a medical specialist prior to booking. The Retreat does not provide treatment in respect of any disability, medical or health related condition.
17 WAIVER OF INHERENTLY DANGEROUS ACTIVITY
17.1 You acknowledge and agree that you and any person that registers under your booking are wilfully and with full knowledge participating in certain activities including but not limited to yoga and bushwalking, that are inherently dangerous. Each participant will be required to sign a liability disclaimer.
18 PROGRAMME CHANGES
18.1 We reserve the right to make changes to the programme at any time without prior notice.
19.1 You and any person travelling with you are required to comply with our rules and regulations. You and any person travelling with you shall insure and keep insured any property you and/or they bring to the venue and any such property is brought onto, or left, at the venue at your/their own risk.
20.1 Your attendance and/or access of our property and any property associated with a Retreat is, at all times, at the sole discretion of us and/or our agents, consultants and/or subcontractors. We reserve the right to refuse entry and/or request that you leave the Retreat and/or our property and any property associated with a Retreat without notice for any reason whatsoever. If this occurs then a refund of a portion of the registration fee that you have paid may be considered at our sole discretion in some circumstances.
21.1 In the event of double occupancy with another single occupant who also wishes double occupancy, this is to be arranged with us. In this circumstance we have no responsibility in respect of any damage or liability arising as a result of such occupancy and you indemnify us as set out in clause 6 above in connection with any liability and/or damages arising from, or in connection with, the double occupancy.