Terms and Conditions
These terms and conditions (Terms) set out the terms under which you or the company which you represent (the Customer, you or yours) make Retreat bookings with and receive other services from Missardi Pty Ltd Pty Ltd ABN 94 648 508 954 (Missardi Pty Ltd, we, us or our). These Terms apply to bookings your make with us on the phone, via email, acuity booking system or through our website located at https://www.joanneomer.com/ (Website).
You will be taken to have to have accepted these Terms if you sign these terms and conditions or otherwise indicate your assent, or if you make a booking with Missardi Pty Ltd.
1. BOOKING FORM
These terms will apply to all the Customer's dealings with Missardi Pty Ltd, including being incorporated in all agreements, quotations or orders under which Missardi Pty Ltd is to provide services to the Customer (each a Booking Form) together with any additional terms included in such Booking Form (provided such additional terms are recorded in writing).
2. HOW TO READ THIS AGREEMENT
2.1 MEANING OF CAPITALISED WORDS AND PHRASES
Capitalised words and phrases used in these terms and conditions have the meaning given:
(a) to that word or phrase in the Booking Form;
(b) by the words immediately preceding any bolded and bracketed
(c) word(s) or phrase(s); or
(d) in the definitions in clause 20 of this agreement.
2.2 ORDER OF PRECEDENCE
In the event of any inconsistency between these terms and conditions and any Booking Form the clauses of these terms and conditions will prevail to the extent of such inconsistency, except that any "Special Conditions" (being terms set out and described as such in a Booking Form) will prevail over the other terms of this agreement to the extent of any inconsistency.
3. SERVICES
In consideration for the payment of the fees set out in the Booking Form (Fees), Missardi Pty Ltd will provide the Customer with the Retreat Experience as set out in the Booking Form together referred to as the “Retreat” and/or “Services” and or “Immersion” in this agreement.
4. CUSTOMER OBLIGATIONS
4.1 PROVIDE INFORMATION
The Customer must provide Missardi Pty Ltd with all documentation, information and assistance reasonably required by Missardi Pty Ltd to perform the Services.
4.2 TRAVEL TO RETREAT[SL1]
This clause 4.2 applies if the Retreat Experience includes being picked-up and/or driven by Missardi Pty Ltd to the Retreat Address.
(a) At a time specified in the Booking Form, a Missardi Pty Ltd staff member (Staff Member) will pick up the guests from the Pick Up Address and take them to the Retreat Address in the Booking Form.
(b) At the end of the Retreat the Staff Member will return the guests to the Return Address.
(c) The Customer, and any other guests included in a Booking Form and participating in the Retreat, must be present at the Pick Up Address at the time agreed between the Customer and Missardi Pty Ltd. If the Customer, or any other guests, are late for the pick up, the Customer will be required to arrange their own travel to the Retreat Address at their own cost.
5. ELIGIBILITY
(a) By making a booking you represent and confirm that you have the legal capacity and are of sufficient age to enter into a binding contract with us.
(b) If you are making a booking on behalf of another individual, company or organisation you warrant that you have the necessary authority from that individual, company or organisation to do so.
6. MEALS and Accomodation[SL2]
This clause 6 relates to any accommodation and related services the Customer purchases from Missardi Pty Ltd.
6.1 MEALS
(a) You must notify us at least 1 month prior to the Start Date of the Retreat if you have any food allergies, intolerances, medical conditions or other dietary requirements. While we will use our best endeavours to ensure all meals consider food allergies and intolerances, we cannot guarantee any meals will be suitable and you will be responsible for notifying us in advance of any dietary requirements.
(b) Any meal inclusions will be as stated in the Booking Form.
6.2 HOTEL BOOKINGS
(a) If accommodation is included as part of the Retreat Experience:
(i) the Customer appoints Missardi Pty Ltd as its agent for the purpose of entering into agreements with Hospitality Service Providers on the Customer’s behalf; and
(ii) Missardi Pty Ltd will enter into an agreement on behalf of the Customer with the relevant Accommodation Service Provider as part of providing a Retreat to the Customer.
(b) Upon arrival and check in at the Accommodation Service Provider specified in the Booking Form, the Customer must (and procure that all other guests staying with the Customer at the accommodation) provide all the details reasonably required by the Accommodation Service Provider.
(c) If accommodation is not included as part of the Retreat Experience, the Customer will be required to book their own accommodation for the Term.
7. PHOTOGRAPHS AND VIDEO
(a) We may take photographs and video of you during the Retreat and you consent to having your photograph and video taken (Content). We may use the Content to promote us and Retreats including by posting the Content on our website, social media and other platforms, and you consent to such uses.
(b) All intellectual property rights (including copyright) in the Content are immediately assigned to and vest in us as those rights are created, and we grant to you a non-exclusive, royalty free, non-transferable and revocable licence to use the Content for your personal use. If you post the Content on your social media accounts, we may request that you accredit us.
8. FEES, PAYMENTS AND TAXES
8.1 FEES AND CONSEQUENCES OF LATE PAYMENT
(a) You must pay to Missardi Pty Ltd fees in the amounts and at the times set out in the Booking Form. In any event, the Total Fees for the Retreat must have been paid and cleared at least 14 days before the Retreat Start Date.
(b) You acknowledge and agree that unless you comply with clause 8.1 above, you may lose your booking, including any deposits already paid, and/or your booking may be subject to price increases and additional costs.
8.2 DEPOSITS AND BOOKINGS
(a) You must pay the deposit specified in the Booking Form. All deposits are non-refundable for change of mind or cancellation (without limiting any protections the Customer has under the Australian Consumer Law).
(b) You acknowledge and agree that all bookings are not confirmed until we have explicitly sent you a written confirmation and until you have made the payments specified in your Booking Form.
(c) Notwithstanding this clause 8.2, the Customer is entitled to a 48 hour Cooling Off Period, whereby the Customer is entitled to a change of mind refund, providing written notice is provided within 48 hours of the booking and such booking has been made at least 90 days prior to the Retreat Start Date.
8.3 INVOICES
Unless otherwise agreed:
(a) if Missardi Pty Ltd issues an invoice to you, payment must be made by the time(s) specified on such invoice; and
(b) in all other circumstances, you must pay for all goods and services within 2 weeks of receiving an invoice for amounts payable.
8.4 PAYMENT METHOD
The Customer must pay Fees using the fee payment method specified in the Booking Form.
We reserve the right to charge credit card surcharges of 2% of the Fees in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
8.5 ONLINE PAYMENT PARTNER
We may use a third-party payment provider, (Payment Provider) to collect payments. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Any payments you make via our Payment Provider will incur a surcharge
8.6 DIRECT DEBIT
If the Customer specifies Direct Debit as the Fee Payment Method, the Customer:
(a) agrees to enter into DDR Service Agreement if required
(b) authorises Missardi Pty Ltd to charge the Cusomer’s bank account in line with the Booking Form and DDR Service Agreement;
(c) acknowledges and agrees that each direct debit payment may incur additional payment in accordance with the DDR Service Agreement in Appendix C
(d) must ensure that there are sufficient funds available in their account to allow to debit the Fees payable;
(e) must give Missardi Pty Ltd a notice of at least 48 hours if:
(i) the Customer is transferring or closing the account specified in their DDR;
(ii) there are any changes to the Customer’s credit card specified in their DDR; and
(f) acknowledges and agrees that if a debit is returned by the Customer’s financial institution as ‘unpaid’:
(i) Missardi Pty Ltd will charge the Customer a $15 dishonour fee in addition to any fees charged under the DDR Service Agreement by; and
(ii) Missardi Pty Ltd will be under no obligation to provide the Retreat until the amounts payable are received by Missardi Pty Ltd.
8.7 CREDIT CARD AUTHORISATION
(a) The Customer authorizes Missardi Pty Ltd:
(i) to keep the credit card details they provide as part of paying the Fees (Credit Card) on file; and
(ii) to use the Credit Card to recoup any amounts owed to Missardi Pty Ltd within a reasonable time after the End Date of the Retreat.
(b) The Customer authorizes and requests that Missardi Pty Ltd debits payments from the Credit Card in accordance with this clause 8.7.
(c) The Customer must ensure that the Credit Card has at all times available capacity to be charged any amount potentially payable under this Agreement.
8.8 GST
Unless otherwise indicated, amounts stated in a Booking Form are inclusive of all taxes, included GST.
9. PRICING
(a) The price of a service is that stated on the Website or quoted to you by one of our staff at the time of booking.
(b) You acknowledge and agree that:
(i) the prices are set by Missardi Pty Ltd and subject to availability, and changes based on factors such as currency fluctuations and accommodation price variations.
(ii) we may vary or withdraw a price at any time without prior notice to you before the commencement of a Retreat;
(iii) prices quoted are based on the information which you submit to us, and we may vary the prices, if that information is incorrect; and
(iv) the price we quote to you is only guaranteed once you pay for a booking in full and we confirm your booking and the price in writing.
(c) In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
10. CHANGES FEES CHARGED BY Missardi Pty Ltd
(a) If you made a booking directly with Missardi Pty Ltd, you must request any changes or cancellations directly with us.
(b) You may be required to pay Missardi Pty Ltd additional fees for changes to bookings requested by you in the relevant Booking Form, including but not limited to changes of names, dates or times (Changes).
(c) Hospitality Service Providers may impose additional fees in relation to any Changes or cancellations in relation to the Accommodation Booking.
11. REFUNDS
(a) Missardi Pty Ltd does not offer change of mind refunds.
(b) If we cancel or reschedule the Retreat, including due to reasons outside of our control (such as government restrictions in response to COVID-19), we will use our best endeavours to provide you with at least 1 weeks’ notice. However, you acknowledge and agree that we may not always be able to provide you with such notice.
(c) Nothing in this clause 11 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).
12. THIRD PARTY TERMS AND CONDITIONS
(a) Any Service as part of the Retreat that requires us to acquire goods and services supplied by a third party on your behalf may be subject to the terms & conditions of that third party (Third Party Terms).
(b) You agree to any applicable Third Party Terms applicable to the Retreat and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
13. PRIVACY POLICY
We may collect personal information about you in order to provide you with the Retreat, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy. We may also collect sensitive information from you, however we will only do so if you choose to provide it to us and we will not collect this without your consent. We may need to share your information with third parties that we use to provide you with the Retreat (such as dietary requirements for meals). You can find out more about how we collect, use, disclose and store your information in our privacy policy [insert link[SL3] ].
14. CONFIDENTIALITY
(a) Each party must not, and must not permit any of its officers, employees, agents, contractors or related companies to, use or disclose to any person any Confidential Information disclosed to it by the other party without its prior written consent.
(b) This clause 14 does not apply to:
(i) information which is generally available to the public (other than as a result of a breach of this agreement or another obligation of confidence);
(ii) information required to be disclosed by any law; or
(iii) information disclosed by Missardi Pty Ltd to its subcontractors, employees or agents for the purposes of performing the Services or its obligations under this agreement.
(c) For the purposes of this agreement, “Confidential Information” means information of or provided by a party to the other party under or in connection with this agreement that is by its nature confidential information, is designated by the party as confidential, or the other party knows or ought to know is confidential, but does not include information which is or becomes, without a breach of confidentiality, public knowledge.
15. DISCLAIMERS
(a) The Retreat includes physical activities, such as [SL4] KunYin, yoga, dance, and other forms of movement, and your participation in the Retreat includes the risk of physical injury, which may be serious and disabling.
(b) If you have any injuries or medical conditions, including pregnancy, you must inform Missardi Pty Ltd before the Retreat or the start of any class or lesson. You must not participate in the Retreat if your participation in any classes or activities may increase your risk of further injury or if it is unsafe for you.
(c) You assume full risk and responsibility for your participation in the Retreat. You acknowledge and agree that none of the staff at Missardi Pty Ltd are medical professionals and should not be relied on as such. If at any time you feel dizzy, faint, unwell, discomfort or pain, you must stop participating in the class or activity.
(d) You are responsible for bringing any equipment or additional items you need for the Retreat. We will not be responsible for any loss, damage or theft of any of your equipment or other items that you bring with you to the Retreat.
(e) You acknowledge and agree that, during the Retreat, Missardi Pty Ltd may request that you sign an additional waiver or any other document prior to participating in any class or activity.
16. WARRANTIES & LIABILITY
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this agreement are excluded.
(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
(c) (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of Missardi Pty Ltd to you in respect of loss or damage sustained by you under or in connection with this agreement is limited to the total Fees paid to Missardi Pty Ltd by you in the 1 month preceding the first event giving rise to the relevant liability.
(d) (Indemnity) You agree at all times to indemnify and hold harmless Missardi Pty Ltd and its officers, employees and agents (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by you or your officers’, employees’ or agents’ breach of any term of this agreement or negligent, misleading, fraudulent or criminal act or omission.
(e) (Consequential loss) Missardi Pty Ltd will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by Missardi Pty Ltd, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
17. TERMINATION
17.1 TERMINATION BY MISSARDI PTY LTD
Missardi Pty Ltd may terminate this Agreement in whole or in part immediately by written notice to the Customer if the Customer is in breach of any term of this Agreement.
17.2 TERMINATION BY THE CUSTOMER
The Customer may terminate this Agreement by written notice to Missardi Pty Ltd at any time.
17.3 EFFECT OF TERMINATION[SL5]
(a) If the notice in clause 17.2 is 90 days prior to the Start Date of the Retreat, then you will be entitled to have your Deposit transferred and applied to a future Retreat taking place within 12 months of the cancellation. Any Remaining Balance paid to Missardi Pty Ltd for the Retreat will be refunded;
(b) If the notice in clause 17.2 is 30 days prior to the Start Date of the Retreat, then you will be entitled to have your Deposit transferred and applied to a future Retreat taking place within 12 months of the cancellation. Any Remaining Balance paid to Missardi Pty Ltd for the Retreat will be forfeited;
(c) If the notice in clause 17.2 is less than 2 weeks prior to the Start Date of the Retreat, then you will not be entitled to a refund or exchange of the Deposit or any Remaining Balance you have paid.
(d) The Customer must pay any payments required by Missardi Pty Ltd in respect of the period of the Term prior to the date of termination; and
(e) Subject to any contrary direction in writing given by Missardi Pty Ltd, the Customer must return any property belonging to Missardi Pty Ltd to the Return Address.
18. DISPUTE RESOLUTION
(a) The parties shall endeavour to settle any dispute arising out of or relating to this agreement, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC) before having recourse to arbitration or litigation.
(b) The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC (Guidelines).
(c) The terms of the Guidelines are hereby deemed incorporated into this agreement
19. GENERAL
19.1 GOVERNING LAW
This agreement is governed by the law applying in Victoria, Australia.
19.2 JURISDICTION
Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
19.3 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior consent of each other party (such consent not to be unreasonably withheld).
19.4 SURVIVAL
Any provision of this Agreement which, by its nature, would reasonably be expected to be performed after the termination, will survive and be enforceable after such termination.
19.5 AMENDMENTS
This agreement may only be amended by a document signed by each party.
19.6 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
19.7 FURTHER ACTS AND DOCUMENTS
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this agreement.
19.8 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
20. DEFINITIONS
In addition to capitalised terms defined in the Booking Form, capitalised terms used in this Agreement will have the following meanings:
Term
Meaning
Customer, you, your
means a person described as such in a Booking Form.
Fees
has the meaning set out in the Booking Form.
Booking Form
has the meaning set out in clause 1 of these Terms.
Term
has the meaning as set out in the Booking Form.
Return Address
means the return address set out in the Booking Form.
Return Date
has the meaning set out in the Booking Form.
Staff Member
has the meaning it is given in clause 4.2(a).
Start Date
has the meaning set out in the Booking Form.
21. INTERPRETATION
In this Agreement, the following rules of interpretation apply:
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (currency) a reference to “$” or “dollar” is to Australian currency;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation;
(k) (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision; and
(l) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.
[SL1]I have included provision/process for travel, in the event that this is ever included as part of the Retreat package.
[SL2]As discussed, meals and the inclusion of accommodation should be specified in the Booking Form, noting that this will change case by case.
[SL3]Please include a link to your privacy policy. If you do not have one, we can remove this final sentence - though it is recommended that you obtain a privacy policy. We can assist with this project if you are interested.
[SL4]Please amend the activities which require this disclaimer, if you wish.
[SL5]I have included this refund/exchange policy arising out of termination/cancellation, as discussed with you.