Retreats Down Under Terms and Conditions of Business
Welcome to Retreats Down Under! These Terms of Business govern your use of our downloadable content (DLC), OUR health & wellness retreat services and accommodation hire. By purchasing or using our content and services, you agree to these terms. If you have any questions or concerns, please contact us at connect@retreatsdownunder.com.au.
1. Introduction
1.1. These terms apply to our downloadable content (DLC), health & wellness retreat services and accommodation hire.
1.2. By engaging with our services or purchasing our content, you agree to these terms. Please review them carefully.
2. Intellectual Property
2.1. Copyright
All content is protected by copyright and other intellectual property laws. Unauthorized use of the content is a violation of these laws and may result in legal action.
2.2. Trademarks
All trademarks and logos are the property of Retreats Down Under or their respective owners. You may not use any trademarks or logos without prior written permission.
3. Limitation of Liability
3.1. Warranty Disclaimer
The content and services are provided "as is" without warranties of any kind, either express or implied. We do not warrant that the content or services will be error-free or meet your expectations.
3.2. Limitation of Liability
Our liability for any claims arising from your use of the content or services is limited to the amount paid for the content or services.
We are not liable for any indirect, incidental, or consequential damages.
4. Privacy and Data Protection
4.1. Data Collection
We collect and use your personal information in accordance with our Privacy Policy. By purchasing content or booking a retreat and or accommodation via Retreats Down Under, you consent to the collection and use of your information as described in our Privacy Policy.
4.2. Security
We implement reasonable measures to protect your personal information and payment details. However, we cannot guarantee the security of data transmitted over the internet.
5. Photography and Media
5.1 By participating in our services, attending our events, or staying at our accommodation, you acknowledge and agree that Retreats Down Under may take photographs or videos of you during your visit or participation. These images may be used for promotional, marketing, or advertising purposes across our internet channels, including but not limited to our website, social media platforms, and other digital or print media.
5.2. Consent to Use
Unless otherwise informed, you consent to the use of such photographs and videos by Retreats Down Under for the purposes
described above. This consent includes the right to edit, crop, or modify images and videos as needed for promotional purposes.
5.3. Opt-Out
If you do not wish to have your image or likeness used in any promotional material or displayed on our internet channels, please inform us in writing before the start of your engagement with our services, participation and or your stay. You can notify us at connect@retreatsdownunder.com.au. We will make reasonable efforts to respect your request, but please note that we may not be able to remove or alter images or videos that have already been published or distributed.
5.4. No Compensation
You acknowledge that you will not receive any compensation for the use of your image or likeness as described in this clause.
6. Health and Safety
6.1. Medical Conditions
If you have any medical conditions or special needs, please inform us before booking. Our retreat services and or accommodation are designed for general wellness, and we cannot provide medical care.
6.2. Personal Safety
You are responsible for your own safety and the prevention of illness and or injury.
7. Liability
7.1 Limitation of Liability
Our liability is limited to the maximum extent permitted by law. We are not liable for any indirect, incidental, or consequential damages arising from your participation in our retreat programs.
7.2. Personal Property
We are not responsible for the loss, theft, or damage of personal property while staying at Retreats Down Under accommodation.
8. Purchase and Payment of Downloadable Content (DLC)
8.1 To purchase downloadable content, you must provide valid payment information. All transactions are processed securely, and payment is required in full before content is made available for download.
8.2 Payment Methods:
We accept payments via direct deposit and or credit / debit card. All payments must be made in AUD.
8.3 Pricing:
Prices are as listed on our website and may be subject to change. You will be charged the price listed at the time of purchase.
9. Non-Refundable Downloadable Content (DLC)
9.1 Non-Refundable Policy
All sales of downloadable content (DLC) are final. Due to the nature of digital products, once the content has been downloaded or accessed, it is non-refundable. We do not offer refunds, exchanges, or cancellations for downloadable content.
9.2. Consumer Guarantees
Nothing in these Terms of Business excludes, restricts, or modifies any rights or remedies you may have under Australian Consumer Law or other applicable legislation that cannot be excluded, restricted, or modified. For example, under Australian Consumer Law, you may have certain consumer guarantees, including a guarantee that the content is of acceptable quality and fit for purpose. If you believe there is a problem with the downloadable content that may affect your rights under Australian Consumer Law, please contact us at connect@retreatsdownunder.com.au.
9.3. Support
If you encounter any issues with your downloaded content or believe it does not meet the consumer guarantees, please contact
us within 7 days of purchase, and we will assist you in resolving the issue in accordance with applicable consumer protection laws.
10. License and Use of Downloadable Content (DLC)
10.1 License Grant: Upon purchase, you are granted a non-exclusive, non-transferable, and revocable license to download and use the content for personal use only. This license does not permit resale, redistribution, or any commercial use of the content.
10.2 Usage Restrictions:
You may not:
- Copy, reproduce, or modify the content, except as permitted by law.
- Share, distribute, or publicly display the content (unless received permission in writing by Retreats Down Under)
- Reverse-engineer or decompile the content.
- Use the content in any manner that violates applicable laws or regulations.
11. Technical Requirements
11.1. Compatibility
Ensure that your device meets the technical requirements for downloading and using the content. We are not responsible for any issues arising from compatibility problems with your device.
11.2. Downloads
Once purchased, you will receive a link to download the content within 24 hours to your provided email address. You are responsible for ensuring that you complete the download within 14 days. After this period, the download link may expire.
Health & Wellness Retreat Services
12. Changes and Cancellations by Us
12.1. Changes
We reserve the right to make changes to the retreat schedule, venue, or instructors if necessary. We will notify you of any significant changes as soon as possible.
12.2. Cancellations
In the unlikely event we need to cancel a retreat, you will receive a full refund of any payments made. We are not responsible for any additional costs incurred due to the cancellation, such as travel or accommodation expenses.
13. Limitation of Liability for Remote and Recorded Facilitation
13.1. Nature of Remote and Recorded Facilitation
Retreats Down Under provides remote and recorded facilitation sessions, which are conducted via digital platforms or delivered as pre-recorded content. These sessions are intended for informational, educational, or entertainment purposes and may involve interactive elements conducted online.
13.2. No Liability for Audience Experience
Retreats Down Under is not liable for any issues or dissatisfaction experienced by the audience during or after participating in remote or recorded facilitation sessions. This includes, but is not limited to:
- Technical difficulties such as connectivity issues, audio or visual problems, or platform malfunctions.
- Disruptions in the quality of the remote experience, including delays or interruptions.
- Personal reactions or outcomes resulting from the content or delivery of the session.
13.3. User Responsibility
Participants are responsible for ensuring that their own equipment and internet connection are suitable for accessing and engaging with remote and recorded facilitation sessions. Retreats Down Under does not guarantee that sessions will be free from interruptions or technical issues.
13.4. No Guarantees
Retreats Down Under makes no guarantees regarding the performance, effectiveness, or outcomes of remote and recorded facilitation sessions. All participation is at the user’s own risk, and Retreats Down Under does not accept responsibility for any impact or dissatisfaction related to the session.
13.5. Dispute Resolution
Any issues or concerns related to remote and recorded facilitation sessions should be directed to Retreats Down Under at connect@retreatsdownunder.com.au. While we will make reasonable efforts to address concerns, we are not liable for any claims arising from the experience of the session.
14. Limitation of Liability for Self-Guided Retreat Programs
14.1. Nature of Self-Guided Programs
Retreats Down Under offers self-guided retreat programs designed for personal use and self-direction. These programs provide general guidance and recommendations for wellness activities and practices but are not tailored to individual health conditions or specific needs.
14.2. No Professional Advice
The self-guided retreat programs are provided for informational and educational purposes only. They do not constitute professional advice or recommendations and are not a substitute for professional medical or psychological advice. Users are encouraged to seek advice from qualified health or wellness professionals if needed.
14.3. Limitation of Liability
Retreats Down Under is not responsible for and assumes no liability for any outcomes, results, or consequences arising from the use of the self-guided retreat programs. This includes, but is not limited to, any physical or psychological effects, health issues, or dissatisfaction with the program.
14.4. User Responsibility
It is the responsibility of the user to ensure that they are fit to participate in the activities outlined in the self-guided retreat programs. Users must use their own judgment and discretion in following the program and must adhere to any warnings or disclaimers provided.
14.5. No Guarantees
Retreats Down Under makes no guarantees regarding the effectiveness or results of the self-guided retreat programs. All use of the programs is at the user’s own risk.
14.6. Dispute Resolution
Any issues or concerns related to the self-guided retreat programs should be directed to Retreats Down Under at connect@retreatsdownunder.com.au. We will make reasonable efforts to address any concerns, but we are not liable for any claims arising from the use of the programs.
15. Limitation of Liability for Physical Activity Classes
15.1. Nature of Physical Activity Classes
Retreats Down Under offers physical activity classes that may be conducted in person or virtually. These classes are designed to promote physical wellness and fitness but are not tailored to individual health conditions or fitness levels.
15.2. No Liability for Injury
Retreats Down Under is not responsible for any injury, harm, or health issue that may occur as a result of participating in physical activity classes, whether conducted in person or virtually. This includes, but is not limited to:
- Injuries sustained during physical activity, including but not limited to strains, sprains, or other physical injuries.
- Health issues or medical conditions exacerbated by participation in the class.
- Accidents or incidents that may occur due to inadequate space, equipment, or supervision in virtual settings.
15.3. Participant Responsibility
It is the responsibility of each participant to ensure that they are physically capable of performing the activities included in the class. Participants should consult with a qualified healthcare provider before engaging in any physical activities, especially if they have pre-existing health conditions or concerns.
15.4. Waiver of Claims
By participating in our physical activity classes, participants acknowledge and accept that they are participating at their own risk.
They waive any claims against Retreats Down Under, its instructors, employees, or affiliates for any injury or damage resulting from their participation.
15.5. Dispute Resolution
Any issues or concerns related to injuries or incidents during physical activity classes should be directed to Retreats Down Under at connect@retreatsdownunder.com.au. While we will make reasonable efforts to address concerns, we are not liable for any claims related to injuries sustained during participation in the classes.
16. Liability of Health and Wellness Experts
16.1. Expert Liability
The health and wellness experts recommended or referred by Retreats Down Under are independent professionals and are not employees, agents, or representatives of Retreats Down Under. While we strive to recommend qualified, experienced and reputable experts, Retreats Down Under does not assume any responsibility or liability for the actions, advice, or services provided by these experts.
16.2. Customer Responsibility
It is the customer's responsibility to ensure that they have obtained all necessary and appropriate insurance coverage for their participation in any services provided by the recommended health and wellness experts. Retreats Down Under is not liable for any claims, damages, or losses arising from the services provided by these experts.
17. Accommodation Booking Process & Terms - Pertaining to Hinterland Dreamer’s Poolside Retreat Only
17.1 Unfortunately, we do not hold dates for bookings as we are in high demand and blocking dates for a period of time could result in missing out on another booking that is ready to proceed - we do hope you understand.
17.2 Once you have decided on your preferred dates of stay, the process is as follows:
- We will then invoice you for 50% of the total amount of your booking to secure your reservation in our booking calendar
- We require 50% payment upon booking, and the remainder is paid 7 days prior to your stay. If payment isn’t made within 48 hours of receipt of invoice, your dates maybe forfeited.
- We accept payment via direct deposit and or credit / debit card, paid via Paypal.
- Once payment is made - we send through a booking confirmation and add you to our booking system.
Please read our Terms and Conditions below re cancellations
18. Cancellation Fees for Accommodation booked direct with Retreats Down Under.
18.4 The cancellation policy is applicable to whole or part cancellation of bookings.
- 50% of paid prepayments are refundable when cancelled 7 day(s) before arrival or earlier.
- When a booking is cancelled within 7 day(s) prior to your reservation, the total rental amount is retained.
19. Limitation of Liability for Retreats Down Under Accommodation
19.1. Accommodation Use
Guests choosing to stay at Retreats Down Under accommodation do so at their own risk. Our accommodation is provided for lodging purposes only, and we make reasonable efforts to ensure that it is maintained to a high standard of safety and comfort.
19.2. No Liability for Personal Injury or Property Damage
Retreats Down Under is not responsible for any personal injury, illness, or property damage that may occur during a guest's stay at our accommodation. This includes, but is not limited to:
- Injuries or accidents occurring within the accommodation premises or surrounding areas.
- Loss, theft, or damage to personal belongings or valuables of the guest.
- Any health issues or medical conditions arising during the stay.
19.3. Guest Responsibility
Guests are responsible for their own safety and the safety of their personal belongings while staying at our accommodation. It is the guest's responsibility to exercise caution and to report any safety concerns or issues to Retreats Down Under promptly.
19.4. Waiver of Claims
By staying at our accommodation, guests acknowledge and accept that they are staying at their own risk. They waive any claims against Retreats Down Under, its employees, agents, or affiliates for any injury, loss, or damage arising from their stay.
20. Guest Responsibility for Property Damage and Loss
20.1. Property Damage and Loss
Guests staying at Retreats Down Under accommodation are responsible for any damage caused to the property, including but not limited to the accommodation, furnishings, and other property belongings. Additionally, guests are responsible for any loss or theft of property during their stay.
20.2. Compensation for Damages
In the event of property damage or loss, guests are required to compensate Retreats Down Under for the cost of repair, replacement, or recovery of the damaged or missing items. The cost will be assessed based on the extent of the damage or loss and will be communicated to the guest.
20.3. Reporting and Assessment
Guests must report any damage or loss to Retreats Down Under immediately upon discovery. We will conduct an assessment of the damage or loss and provide the guest with details regarding the compensation required.
20.4. Payment of Compensation
Compensation for property damage or loss will be billed to the guest's account. Payment must be made within 7 days of receiving the assessment. Failure to settle the compensation may result in additional charges or legal action.
20.5. Waiver of Claims
By staying at Retreats Down Under accommodation, guests acknowledge and accept their responsibility for property damage and loss as outlined in this clause. They waive any claims against Retreats Down Under for damages or losses incurred as a result of their stay.
20.5. Dispute Resolution
Any issues or concerns related to accommodation should be directed to Retreats Down Under at connect@retreatsdownunder.com.au. While we will make reasonable efforts to address concerns, we are not liable for any claims related to personal injury, property damage, or other incidents during the stay.
21. Professional Cleaning Assurances
21.1 Retreats Down Under only uses Third Party Professional Cleaning Services
21.2 Retreats Down Under only uses Third Party Professional Laundry Services
22. Noise Compliance and Accommodation Policy
22.1. Accommodation Use
Retreats Down Under accommodation is intended exclusively for holiday makers and retreat groups. We do not cater to or accept events at our accommodation.
22.2. Noise Policy
We maintain a strict no-party policy. Guests are required to adhere to local noise regulations, which include no excessive noise and no noise after 10:00 PM. Failure to comply with these regulations may result in penalties or termination of the accommodation agreement.
23. Acceptance and Responsibility for Terms and Conditions
23.1. Accessibility and Responsibility
Our Terms and Conditions of Business for Retreats Down Under are accessible via our website at all times. You acknowledge that it is your responsibility to read, understand, and comply with all terms and conditions outlined therein. This obligation applies prior to engaging in our services, participating in our retreats, or staying at our accommodation.
23.2. Engagement and Acceptance
By engaging with our services, participating in our retreats, or staying at our accommodation, you acknowledge and agree to the Terms and Conditions provided by Retreats Down Under. If you do not agree with any part of these terms, we request that you refrain from engaging with or transacting any business with Retreats Down Under.
23.3. Responsibility to Review
It is your responsibility to review and understand our Terms and Conditions prior to engaging in our services or making any reservations. Your continued engagement or stay indicates your acceptance of and compliance with these terms.
23.4. Ongoing Compliance
Access to our Terms and Conditions via our website means you are responsible for staying informed about any updates or changes to the terms. Continued use of our services or accommodation signifies your acceptance of any such updates or modifications.
24. Third-Party Access to Customer Information
24.1. Confidentiality and Privacy
At Retreats Down Under, we prioritize the confidentiality and privacy of your personal information. We do not disclose your information to third parties except as outlined in this clause.
24.2. Third-Party Service Providers
We may share your personal information with third-party service providers who assist us in operating our business, such as payment processors, booking systems, or marketing partners. These third parties are contractually obligated to handle your information with the same level of confidentiality and security as we do and may only use your information to provide the services for which they are engaged.
24.3. St Falls Resort
If your booking includes a stay at St Falls Resort, located at Falls Creek, Victoria, Australia, we will share relevant customer information with St Falls Resort. This is necessary to facilitate your accommodation and any retreat program options purchased through Retreats Down Under. Please note that Retreats Down Under and St Falls Resort are separate entities, and St Falls Resort is responsible for managing your information in accordance with their own privacy practices.
24.4. Legal Requirements
We may disclose your information to third parties if required by law, regulation, or legal process, or to protect the rights, property, or safety of Retreats Down Under, our customers, or others.
24.5. Data Security
We implement reasonable security measures to protect your information from unauthorized access or disclosure. However, we cannot guarantee complete security and are not liable for any unauthorized access to or use of your information by third parties.
24.6. Consent to Disclosure
By engaging with our services, you consent to the sharing of your personal information with third parties as described in this clause, including St Falls Resort. If you have concerns about how your information is handled, please contact us at connect@retreatsdownunder.com.au.
25. Changes to Terms
We may update these terms from time to time. Any changes will be posted on our website. Your continued use of the content or services after changes are made constitutes acceptance of the new terms.
Thank you for choosing Retreats Down Under! We look forward to providing you with a relaxing, rejuvenating and transformative experience.