Terms of Service
(See FAQ/TroubleShooting HERE)
If you are unable to attend a program due to a change of mind or illness (such as testing positive for COVID), this is considered a cancellation of your booking and our normal cancellation policy will apply. Please read below for more information about transfers and cancellation details.
NATURE PHILOSOPHY AUSTRALIA PROGRAMS & RETREAT EXPERIENCES
1) IN-PERSON PROGRAM PARTICIPANT AGREEMENT - AS APPLIES TO NATURE ONE, NATURE TWO, VISION QUEST, QUEST PROTECTOR TRAINING, SEVEN LEVELS OF QUEST, BARE WEAVING, WILD VILLAGE FAMILY CAMPS, MEN’S AND WOMEN’S TRIPS TO ARNHEM LAND
2) PARTICIPANT AGREEMENT - AS APPLIES TO PERSONAL SESSIONS, NATURE ONE TEACHER TRAINING, WILD VILLAGE PATHWAYS PROGRAM & MALA’MIRR ADVANCED PROTECTOR TRAINING
3) PARTICIPANT AGREEMENT FOR ALL ONLINE PROGRAMS - 7 DAY SIT SPOT CHALLENGE, SIT SPOT IMMERSION, SOUL QUEST, POWER QUEST & FEMININE MASTERY IMMERSION
NATURE PHILOSOPHY PROGRAMS & RETREATS PARTICIPANT AGREEMENT
Please carefully read all the terms and conditions of this contract detailed below before purchasing a nature connection program with Nature Philosophy Australia (hereinafter, “Company”). For and in consideration for being permitted to participate in the Program and/or Retreat you have selected with Company (the “Program” and/or “Retreat”), you (the undersigned) agree to accept and be bound by the terms and conditions set forth herein.
1) IN PERSON PROGRAMS
PARTICIPANT AGREEMENT - AS APPLIES TO NATURE ONE, NATURE TWO, VISION QUEST, QUEST PROTECTOR TRAINING, BARE WEAVING, WILD VILLAGE FAMILY CAMPS, MEN’S AND WOMEN’S TRIPS TO ARNHEM LAND
1 PROGRAM/RETREAT EXPERIENCE DETAILS.
Program or Retreat Experience details for the Program or Retreat Experience product in your cart, such as information about the destination, accommodations, departure and return dates, any included meals, any included transportation, included experiences, and payment details can be found on the Company’s website (www.naturephilosophy.com) (the “Website“).
PLEASE READ AND ENSURE YOU UNDERSTAND THE PROGRAM AND/OR RETREAT EXPERIENCE DETAILS AND POLICIES DETAILED HEREIN PRIOR TO CHECKING OUT.
2 REGISTRATION.
To reserve a spot for the Program or Retreat Experience, you must click the product corresponding to the Program or Retreat Experience of your choice to your cart and follow the checkout instructions on the Website to submit your information and non-refundable deposit specified on the Website for the Retreat/Experience (the “Deposit”) (collectively, the “Registration Materials”). Unless otherwise stated on the Website, deposit amounts are considered to be 30% of the total Program or Retreat Experience fee. You can register for your Program or Retreat Experience via a full Program or Retreat Experience payment or part payment. You will NOT have a reserved spot for the Program or Retreat Experience if you fail to provide all of the Registration Materials.
3 CONFIRMATION AND ITINERARY SUBJECT TO MODIFICATION.
After Company receives your Registration Materials, you will receive a confirmation email. Please contact us if you do not receive a confirmation email within five (5) business days of submitting your Registration Materials. Thereafter, we may send you, and you consent to receive, correspondence related to the Program or Retreat Experience and the Company, including the itinerary for the Retreat or Experience. Such itinerary is subject to change and Company expressly reserves the right to modify the itinerary at any time due to availability of third party vendors, weather conditions, local conditions, or other circumstances out of our control (see also Section 9 below).
4 ACCOMMODATION AND MEALS
You acknowledge that Company is not responsible for any issues, changes or modifications to the accommodation at our chosen location during the duration of the Program or Retreat Experience. You acknowledge that you stay at our chosen location at your own risk. You acknowledge that you eat the food catered by the Company or accommodation provider and do not hold Company or Company parties responsible for any losses incurred by you from as a result of illness in relation to any allergy, intolerance, special dietary requirement and/or sensitivity. You must disclose any allergies, intolerances, special dietary requirements and/or sensitivities to food to Company at the time of booking. Whilst all care will be taken during the preparation of food in accordance with any allergies, intolerances, special dietary requirements and/or sensitivities, you will not hold the Company or Company parties liable for any losses, illnesses or sicknesses incurred by you during the Program or Retreat Experience as a result of any allergies, intolerance, special dietary requirements and/or sensitivities.
5 PAYMENT TERMS.
(1) Total Payment. The Total Payment is due in full no later than twenty-one (21) days prior to the departure date of the Program or Retreat Experience specified on the Website (the “Payment Due Date”). If company does not receive your total payment on or before the payment due date, company may cancel your reservation without notice.
(2) Deposit. Your Deposit is non-refundable under all conditions. Unless otherwise stated on the Website or Booking Form the deposit is 30% of the total payment for your Program or Retreat Experience with the Company. Your deposit may NOT be transferred to another participant’s registration for a different Program or Retreat Experience.
(3) In order to receive early-bird pricing that may be advertised on the website at any given time, your deposit and total payment must be received on or before the final date of the early bird period as advertised on the website at that time.
(4) In order to receive early-bird pricing that is paid in installments, either by private arrangement or a Third Party Subscription Service, your payments must be received on the day/s which are agreed upon at the time of your booking. If company does not receive your payment on or before the payment due dates, company may cancel your reservation without notice.
(5) All pricing, unless otherwise specified, is in Australian Dollars. Any charges incurred from foreign currency conversion or transactions are your sole responsibility and you will not hold Company liable for any such charges.
(6) You may be charged a fee for paying by credit card. This surcharge is in accordance with the Competition and Consumer Act and is in the amount equal to that charged by our Payment Gateway Service provider, Stripe, in order to process the payment.
(7) Only ONE Gift or Discount Voucher may be used per booking. Vouchers are for personal use only and cannot be used for another persons booking. Vouchers may only be used for Nature Philosophy programs in New South Wales and does NOT include Teacher Trainer, Pathways or Bare Weaving Programs and must be used within 12 months of issue.
6 AIRFARES, TRANSFERS, PASSPORT, VISA AND RELATED ITEMS.
You are responsible for purchasing, booking and confirming airfares for travel to and from the Program or Retreat Experience. Company bears no responsibility for cancelled or delayed flights or any associated losses to you as a result including delayed arrival to any country or location in order to attend the Program or Retreat Experience. You are responsible for ensuring your timely arrival to the country or location of the Retreat or Experience. You are responsible for arranging your own transfer to and from the airport at both your point of departure and at the country or location of your Program or Retreat Experience. You are responsible for obtaining and maintaining a valid passport and all appropriate visas, permits, certificates, and/or other required documentation (“Documentation”) for the countries, jurisdictions, parks, areas, etc. you will visit during the Program or Retreat Experience. Company is not responsible if you are denied entry or exit to/from any country or location due to a lack of valid Documentation.
7 TRAVEL INSURANCE.
We strongly recommend the purchase of travel insurance for the Program or Retreat Experience. You are solely responsible for the cost of any travel insurance and ensuring that you are adequately insured for the full duration of the Program or Retreat Experience with respect to possible illness, injury, death, property damage, loss of baggage and personal items, cancellation and/or curtailment, and/or any other potential losses, damages, costs, expenses, or liabilities (collectively “Losses”). You will be solely responsible for any Losses related to your failure to procure travel insurance. Company is not responsible for any Losses you incur and/or sustain.
8 WEATHER
Company bears no responsibility for any losses caused by inclement weather including but not limited to tsunamis, cyclones, volcanic ash clouds or any other natural phenomena that may impact the Program or Retreat Experience or that may impact your travel to and from the country or location of the Program or Retreat Experience in any way. Company will not provide any refunds, discounts or credits for late arrival or early departure from the Program or Retreat Experience due to weather, delays, commitments or for any other reason.
9 CHANGES OR CANCELLATIONS.
(1) Changes. Company reserves the right to make changes to any and all aspects of Program/Retreat Experience (which may include without limitation changes to the dates of the Program/Retreats, types and/or timing of activities available during the Program/Retreat, items and/or services included with the Program/Retreat, the itinerary, and/or the nature of the Program/Retreat Experiences) if, in Company’s sole discretion, Company deems it necessary to do so due to conditions that may be hazardous, dangerous, or otherwise adverse or threatening, if an act or omission of a third party prevents any such aspects of the Program/Retreat or any portion of the Retreat/Experience, or for any other reason considered commercially necessary by Company. You will not be eligible for any refunds of any amounts based on any such changes to the Program/Retreat.
(2) Cancellations and Transfers/Rescheduling.
a By Company. Company reserves the right to cancel your reservation if your Total Payment is not received on or before the Payment Due Date and you will not be eligible for any refunds of any amounts.
Company further reserves the right to cancel and reschedule the Program/Retreat prior to the first Date of Departure/Venue Arrival for any reason, including but not limited to an insufficient number of registrants, any other commercial reason in Company’s sole discretion, or due to a natural disaster, illness, civil unrest or any other unforeseen circumstance out of the company’s control. In such event you are able to transfer the entire amount you remitted to Company, to another Program/Retreat within 18 months. In no event will Company be responsible for any amount, including preparation costs, airfare, travel documents, or any other Losses or claimed damages.
b By You. All cancellations by you (for any reason, including illness and COVID close contact regulations) must be in writing and emailed to Nature Philosophy at the contact email address specified on the Website. If cancellation takes place 21 days prior to the Program/Retreat start date, any payments made by you will be refunded, except your non-refundable Deposit (30% of total program fee). If cancellation takes place within 21 days of the beginning of the Program/Retreat, you forfeit the entire amount remitted to Company. After making a transfer, all cancellations must occur within 12 months of the original program or you forfeit the entire amount remitted to company and no refunds will be provided.
All requests to transfer by you (for any reason, for any reason including illness and COVID close contact regulations) must be in writing and emailed to Nature Philosophy at the contact email address specified on the Website. Transfers are subject to program availability at the discretion of Nature Philosophy and can only be used for Nature Philosophy programs in New South Wales. This does NOT include Teacher Trainer, Pathways or Bare Weaving Programs. All transfers must be used within 12 months of original program booking.
If your requested transfer takes place 21 days prior to the Program/Retreat start date, any payments made by you will be transferred to a future program and will incur an $80 transfer fee. The program must take place within 12 months of the original program.
If you request to transfer to another program between 21 - 7 days from the start of the program, you can transfer all monies paid, less your non-refundable deposit and the program must take place within 12 months of the original program.
If you request to transfer to another program within 7 days of the start of your program, you can do this, less 50% of your total program fee and the program must take place within 12 months of the original program.
c Effect of Changes or Cancellation. In the event of any change or cancellation under this Section 9, you acknowledge that you will have no right of refund of the Total Payment (whether in whole or in part, except as expressly provided in Sections 9(2)(a) and 9(2)(b)) and no right to claim compensation for any Liabilities incurred and/or sustained by virtue of any change or cancellation.
10 PHOTOS, VIDEO, OTHER MEDIA RELEASE.
By and in consideration for being permitted to participate in the Program/Retreat, you irrevocably grant Company and its agents and representatives all rights to use, reproduce, display, exhibit, publish, distribute, and/or produce derivative works based on your image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for marketing and trade purposes. You agree that your Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by Company at its sole discretion. You understand that your Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and consent to such uses. You further understand and grant permission to Company and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which your Likeness may appear. You further waive any right to royalties or other compensation arising or related to the use of your Likeness. This release applies to all photographic, audio, and/or video recordings collected as part of, in connection with, and/or during the Retreat/Experience (by Company or any third party). There is no time limit on the validity of this release nor is there any geographic limitation on where materials including your Likeness may be used, reproduced, displayed, exhibited, published, and/or distributed by or on behalf of Company.
11 VOLUNTARY PARTICIPATION IN STRENUOUS ACTIVITY.
You acknowledge that you are voluntarily participating in the Program/Retreat with Company, which may include strenuous physical activity including without limitation walking, running, hiking, dancing, climbing, swimming, jumping, yoga, plyometrics, knife carving, hunting activities, Program Classes, and various other exercises or physical activity (“Physical Activity”). You acknowledge that you are fully aware of the risks and hazards connected with participation in the Program/Retreat and/or engaging in Physical Activity, which may include the risk of serious injury (e.g., heart attacks, muscle strains, pulls, tears, broken bones, shin splints, and other illnesses) or death, and you hereby elect to voluntarily participate in such Physical Activities as part of the Program/Retreat.
12 HEALTH AND FITNESS ELIGIBILITY.
You represent that you are over the age of eighteen (18) and are healthy, in good physical and mental health, and are at a level appropriate to participate in, and are fully capable of participating in, the Program/Retreat. You further represent that you do not suffer from any medical conditions or disabilities that may restrict, limit, prevent, or preclude your participation in the Program/Retreat, including any Physical Activities. You have consulted with your physician and your physician has authorised you to participate in the Program/Retreat, including any Physical Activities. You will discuss and address any questions or concerns you may have about your physical or mental health with the appropriate health care professional prior to the start of your Program/Retreat. Documentation from your physician confirming your clearance to participate in the Program/Retreat can be provided upon request. If, at any time, you have any doubts about your physical condition or fitness to participate in any aspect of the Retreat/Experience, you will cease participation in the same and seek appropriate medical attention.
You are hereby advised that the Retreat/Experience may take place in remote areas where there is little or no access to traditional medical services or hospital facilities for serious health issues (or your particular health issues). You are further advised that any medical or evacuation expenses will be your sole responsibility.
As a result, we strongly encourage you to purchase travel insurance with appropriate coverage for your needs. We reserve the right in our sole discretion to refuse your participation in the Program/Retreat, any Program/Retreat Experiences, Physical Activities, and/or any other activities, due to medical, fitness, or other grounds. Company also reserves the right to deny participation in the Program/Retreat or any related activities at any time to individuals demonstrating behaviour that may result in injury to themselves or others.
13 ASSUMPTION OF RISK.
You understand that serious accidents may occur during Physical Activities, including without limitation nature connection and Program/Retreat Experiences, and that participants can sustain fatal and/or serious personal injury. As stated above, the Program/Retreat may take place in a remote location where there is little or no access to traditional medical services or hospital facilities for serious and/or particular health issues. You may also be visiting places where the political, cultural, and geographical attributes of the location present risks and physical challenges that are greater than those present in your country of residence. It is your own responsibility to familiarise yourself with all possible relevant travel information in connection with your participation in the Program/Retreat. Understanding and in full consideration of the foregoing, you agree to solely and exclusively assume full and complete responsibility for and the risks inherent in travel and engaging in Physical Activity (including Program/Retreat Experiences) which may include injury, death, property damage, and/or any other kind of Liability, whether foreseen or unforeseen, which may occur during your participation in the Program/Retreat. You acknowledge that your decision to participate in the Program/Retreat is made in full consideration of the foregoing information and that you solely and exclusively assume the risks involved with participating in the Program/Retreat. In no event will company be liable for any liabilities arising from or in connection with your participation in the Program/Retreat.
14 INJURY.
In the event you are injured while participating in the Program/Retreat, you agree to assume all financial obligations for any and all medical costs you incur. You acknowledge and agree that in no event shall company and/or any company party be liable or responsible for any losses or liabilities arising out of your participation in the Program/Retreat.
15 WAIVER OF LIABILITY AND RELEASE.
In consideration for participating in the Program/Retreat, you voluntarily assume full responsibility for and hereby release, waive, discharge, do not hold liable, and covenant not to sue company, its officers, members, agents, contractors, employees, volunteers, guides, and other representatives (each a “company party” and collectively, the “company parties”) for any and all claims, demands, actions, causes of action, and/or losses (including but not limited to any exemplary, direct, indirect, incidental, special, consequential, punitive, or other damages, medical expenses, lost wages/income, loss of services, lost profits, property damage, pain, illness, and death) (collectively “liabilities”) whatsoever arising out of or in any way related to your travel to and/or participation in the Program and/or Retreat Experience and/or any activities conducted in connection therewith, regardless of whether such liabilities are caused by the negligence of any company party or otherwise, and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, even if any company party has been advised of the possibility of such liabilities, to the fullest extent.
You have been advised and urged to obtain travel insurance to cover against Liabilities resulting from trip cancellation or interruption, weather, natural disaster, strike, illness, job reasons, accident, sickness, evacuation, pre-existing medical conditions, baggage delay, loss, theft, and other Liabilities associated with travel and your participation in the Program/Retreat. You acknowledge that whether or not you elect to purchase or not purchase travel insurance, you will not look to any of the Company Parties for reimbursement for any Liabilities suffered or occurring during your travel and/or participation in the Program/Retreat.
16 INDEMNITY.
You further hereby agree to indemnify and to not hold liable the company parties for any and all liabilities (including without limitation court costs and attorneys’ fees) that one or more of the company parties may incur as a result of your participation in the Program/Retreat, whether caused by the negligence of any company party or otherwise (but excluding any gross negligence or wilful misconduct of a company party), to the fullest extent allowed by applicable law.
17 BINDING EFFECT.
It is your express intent that this Agreement shall bind the members of your family and spouse, if you are alive, and your heirs, assigns and personal representative, if you are deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE any of the Company Parties.
18 GENERAL.
(1) Entire Agreement.
This Agreement constitutes the entire agreement between you and Company, and supersedes any prior agreement, regarding the subject matter herein. You acknowledge and represent that no oral representations, statements, or inducements, apart from those set forth herein, have been made to you by any Company Party.
(2) Force Majeure.
If Company is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of any Act of God, strike, trade dispute, fire, inclement weather, breakdown, interruption of transportation networks/means, government or political action, acts of war or terrorism, acts or omissions of a third party, or for any other cause whatsoever outside of Company’s reasonable control, company will be under no liability whatsoever to you and may, at company’s sole discretion, by written notice to you, either cancel the Program/Retreat pursuant to section 9 or take any other reasonable action.
(3) Interpretation.
You acknowledge and agree that this Agreement, including the releases and waivers of liability herein, are intended to be as broad and inclusive as permitted by applicable law.
(4) Severability.
Any provision in this contract which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this contract or affecting the validity or enforceability of that provision in any other jurisdiction.
(5) Waiver.
The failure or delay by Company to enforce or exercise any provisions of this Agreement shall not constitute or be deemed a waiver of such provision or any other provisions herein. Furthermore, any waiver or breach of any provision of this Agreement shall not amount to a waiver of any other provision.
(6) Headings.
The headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions herein.
19. PARTICIPANT ACKNOWLEDGEMENT
(1) I have been examined by a Licensed Medical Practitioner (“Practitioner”) within the past six months and have been found by such Practitioner able to perform all vigorous activities, which I am to perform during my Program/Retreat with Company.
(2) I will follow all instructions given to me by Company, its Coaches and any Guest Coaches or affiliates at the Program/Retreat Experience as to when, where and how to perform and not to perform any activities within the Program/Retreat Experience.
(3) I agree and acknowledge that participation in any Program/Retreat could constitute a risk of serious injury to myself, including permanent paralysis or death. I voluntarily and knowingly recognise, accept and assume this risk a warrant that I am physically fit and able to perform the physical activities at the Program/Retreat, including but not limited to nature connection practices, hiking, Movement Practices without risking serious injury, including permanent paralysis or death.
(4) I acknowledge that neither Company, its Owners, Coaches or Employees shall be nor be deemed to be responsible or liable (whether in contract or in tort or under any statute whatsoever), for any injury, illness or other mishap I sustain arising from or out of, or in any way directly or indirectly connected with the Program/Retreat Experience.
(5) I understand and acknowledge that I am to receive instruction in nature connection practices, survival skills and movement practices and theory only. Company, its Owners, Coaches or Employees are not liable for, nor expected to provide any advice, training or medical assistance other than in the form of the nature connection, survival skills and movement practices.
(6) I indemnify and will at all times hereafter keep fully indemnified Company, its Owners, Coaches, Representatives or Employees from and against all actions, suits, causes of action, proceedings, claims, costs and expenses whatsoever which may be taken or made against Company, its owners, Coaches, representatives or Employees in connection with or arising out of any such injury, illness or mishap to me.
(7) In the event that I am pregnant, I will not attend a Program/Retreat Experience until I have discussed the potential risks to me or my unborn child/foetus with my physician. I agree that I will follow my physician’s recommendations and on behalf of myself, my heirs, spouse or other interested party do not hold Company, its owners, coaches or employees liable for any possible injury to myself or my unborn child/foetus.
(8) The deposit paid by me at the time of booking a Program/Retreat Experience to Company is non-refundable. Company may in its sole discretion grant refunds to me without prejudicing any of its rights.
(9) I understand that if my behaviour is disruptive to other participants and Company that Company may, in their discretion, dismiss me from further participation in the Program/Retreat Experience.
I understand that if I am dismissed from the Program/Retreat Experience as outlined in 19(9) any refund of payment is at the sole discretion of Company.
20 CHANGES IN TERMS
You acknowledge that Company may at any time and for any reason change, alter, remove or add terms to this agreement without a requirement for your consent. If any such terms are changed, altered, removed or added the Company will notify and provide you with an updated copy of such terms. Any change, alteration, removal or addition of terms will not apply retrospectively, unless expressly stated in the term. You are not eligible for any refund, discount or credit should the change, alteration, removal or addition of a term cause you any loss, damage or inconvenience.
21 YOU ARE AWARE OF THE POTENTIAL DANGERS INCIDENTAL TO PARTICIPATING IN THE PROGRAM OR RETREAT EXPERIENCE, AND ACKNOWLEDGE THAT THIS IS A CONSENT, RELEASE OF LIABILITY AND A WAIVER OF YOUR LEGAL RIGHT TO COLLECT DAMAGES IN THE EVENT OF INJURY, DEATH, PROPERTY DAMAGE, OR ANY OTHER LIABILITY, WHICH CREATES A CONTRACT BETWEEN YOU AND COMPANY. BY TICKING THE TERMS OF SERVICE BOX ON YOUR BOOKING FORM FOR YOUR PARTICULAR PROGRAM OR RETREAT EXPERIENCE, IT IS YOUR INTENTION TO EXPRESSLY ASSUME ALL RISK OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND ANY OTHER LIABILITY UPON YOURSELF, TO THE EXCLUSION OF COMPANY AND ALL COMPANY PARTIES, AND TO EXEMPT COMPANY AND ALL COMPANY PARTIES FROM LIABILITY FOR, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, OR ANY OTHER LIABILITIES.
2) NATURE CONNECTION TEACHER TRAINING, WILD VILLAGE PATHWAYS PROGRAM
PARTICIPANT AGREEMENT - AS APPLIES TO NATURE ONE TEACHER TRAINING PROGRAM, WILD VILLAGE PATHWAYS PROGRAM and MALA’MIRR ADVANCED PROTECTOR TRAINING
1 PROGRAM/RETREAT EXPERIENCE DETAILS.
Program or Retreat Experience details for the Program or Retreat Experience product in your cart, such as information about the destination, accommodations, departure and return dates, any included meals, any included transportation, included experiences, and payment details can be found on the Company’s website (www.naturephilosophy.com) (the “Website“).
PLEASE READ AND ENSURE YOU UNDERSTAND THE NATURE ONE TEACHER TRAINING PROGRAM DETAILS AND POLICIES DETAILED HEREIN PRIOR TO CHECKING OUT.
2 REGISTRATION.
To reserve a spot for the Program, you must click the product corresponding to the Program of your choice to your cart and follow the checkout instructions on the Website to submit your information and non-refundable payment in full or part payment/deposit specified on the Website for the Retreat/Experience (the “Deposit”) (collectively, the “Registration Materials”). You will NOT have a reserved spot for the Program if you fail to provide all of the Registration Materials.
3 CONFIRMATION AND ITINERARY SUBJECT TO MODIFICATION.
After the Company receives your Registration Materials, you will receive a confirmation email. Please contact us if you do not receive a confirmation email within five (5) business days of submitting your Registration Materials. Thereafter, we may send you, and you consent to receive, correspondence related to the Program and the Company, including the itinerary for the Retreat or Experience. Such itinerary is subject to change and Company expressly reserves the right to modify the itinerary at any time due to availability of third party vendors, weather conditions, local conditions, or other circumstances out of our control (see also Section 9 below).
4 ACCOMMODATION AND MEALS
You acknowledge that Company is not responsible for any issues, changes or modifications to the accommodation at our chosen location during the duration of the Program. You acknowledge that you stay at our chosen location at your own risk. You acknowledge that you eat the food catered by the Company or accommodation provider and do not hold Company or Company parties responsible for any losses incurred by you from as a result of illness in relation to any allergy, intolerance, special dietary requirement and/or sensitivity. You must disclose any allergies, intolerances, special dietary requirements and/or sensitivities to food to Company at the time of booking. Whilst all care will be taken during the preparation of food in accordance with any allergies, intolerances, special dietary requirements and/or sensitivities, you will not hold the Company or Company parties liable for any losses, illnesses or sicknesses incurred by you during the Program or Retreat Experience as a result of any allergies, intolerance, special dietary requirements and/or sensitivities.
5 PAYMENT TERMS.
(1) Total Payment. Unless otherwise agreed the total Payment is due in full before the first day of program commencement. If company does not receive your total payment on or before the payment due date, company may cancel your reservation without notice.
(2) First Part Payment and subsequent Payments. Your payments are non-refundable. Your payment/s may NOT be transferred to another participant’s registration for a different Program or Retreat Experience.
(3) To receive early-bird pricing that may be advertised on the website at any given time, your deposit and total payment must be received on or before the final date of the early bird period as advertised on the website at that time.
(4) To receive early-bird pricing that is paid in installments, either by private arrangement or a Third Party Subscription Service, your payments must be received on the day/s which are agreed upon at the time of your booking. If company does not receive your payment on or before the payment due dates, company may cancel your reservation without notice.
(5) All pricing, unless otherwise specified, is in Australian Dollars. Any charges incurred from foreign currency conversion or transactions are your sole responsibility and you will not hold Company liable for any such charges.
(6) You may be charged a fee for paying by credit card. This surcharge is in accordance with the Competition and Consumer Act and is in the amount equal to that charged by our financial provider in order to process the payment. The appropriate rates are published under the terms and conditions tab of our website.
6 AIRFARES, TRANSFERS, PASSPORT, VISA AND RELATED ITEMS.
You are responsible for purchasing, booking and confirming airfares for travel to and from the Program or Retreat Experience. Company bears no responsibility for cancelled or delayed flights or any associated losses to you as a result including delayed arrival to any country or location in order to attend the Program or Retreat Experience. You are responsible for ensuring your timely arrival to the country or location of the Retreat or Experience. You are responsible for arranging your own transfer to and from the airport at both your point of departure and at the country or location of your Program or Retreat Experience. You are responsible for obtaining and maintaining a valid passport and all appropriate visas, permits, certificates, and/or other required documentation (“Documentation”) for the countries, jurisdictions, parks, areas, etc. you will visit during the Program or Retreat Experience. Company is not responsible if you are denied entry or exit to/from any country or location due to a lack of valid Documentation.
7 TRAVEL INSURANCE.
We strongly recommend the purchase of travel insurance for the Program or Retreat Experience. You are solely responsible for the cost of any travel insurance and ensuring that you are adequately insured for the full duration of the Program or Retreat Experience with respect to possible illness, injury, death, property damage, loss of baggage and personal items, cancellation and/or curtailment, and/or any other potential losses, damages, costs, expenses, or liabilities (collectively “Losses”). You will be solely responsible for any Losses related to your failure to procure travel insurance. Company is not responsible for any Losses you incur and/or sustain.
8 WEATHER
Company bears no responsibility for any losses caused by inclement weather including but not limited to tsunamis, cyclones, volcanic ash clouds or any other natural phenomena that may impact the Program or Retreat Experience or that may impact your travel to and from the country or location of the Program or Retreat Experience in any way. Company will not provide any refunds, discounts or credits for late arrival or early departure from the Program or Retreat Experience due to weather, delays, commitments or for any other reason.
9 CHANGES OR CANCELLATION.
(1) Changes. Company reserves the right to make changes to any and all aspects of Program/Retreat Experience (which may include without limitation changes to the dates of the Program/Retreats, types and/or timing of activities available during the Program/Retreat, items and/or services included with the Program/Retreat, the itinerary, and/or the nature of the Program/Retreat Experiences) if, in Company’s sole discretion, Company deems it necessary to do so due to conditions that may be hazardous, dangerous, or otherwise adverse or threatening, if an act or omission of a third party prevents any such aspects of the Program/Retreat or any portion of the Retreat/Experience, or for any other reason considered commercially necessary by Company. You will not be eligible for any refunds of any amounts based on any such changes to the Program/Retreat.
(2) Cancellations and Rescheduling.
a By Company. Company reserves the right to cancel your reservation if your Total Payment is not received on or before the Payment Due Date and you will not be eligible for any refunds of any amounts.
Company further reserves the right to cancel and reschedule the Program/Retreat dates for any reason, including but not limited to an insufficient number of registrants, any other commercial reason in the Company’s sole discretion, or due to a natural disaster, illness, civil unrest or any other unforeseen circumstance out of the company’s control. In such event you are able to transfer the entire amount you remitted to Company, less a $500 transfer fee, to another Program/Retreat within 18 months. In no event will Company be responsible for any amount, including preparation costs, airfare, travel documents, or any other Losses or claimed damages.
b By You. All cancellations by you must be in writing and emailed to Company at the contact email address specified on the Website. If cancellation takes place after you have agreed to join the Program/Retreat, you forfeit the entire amount remitted to Company.
c Effect of Changes or Cancellation. In the event of any change or cancellation under this Section 9, you acknowledge that you will have no right of refund of the Total Payment (whether in whole or in part, except as expressly provided in Sections 9(2)(a) and 9(2)(b)) and no right to claim compensation for any Liabilities incurred and/or sustained by virtue of any change or cancellation.
10 PHOTOS, VIDEO, OTHER MEDIA RELEASE.
By and in consideration for being permitted to participate in the Program/Retreat, you irrevocably grant Company and its agents and representatives all rights to use, reproduce, display, exhibit, publish, distribute, and/or produce derivative works based on your image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for marketing and trade purposes. You agree that your Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by Company at its sole discretion. You understand that your Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and consent to such uses. You further understand and grant permission to Company and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which your Likeness may appear. You further waive any right to royalties or other compensation arising or related to the use of your Likeness. This release applies to all photographic, audio, and/or video recordings collected as part of, in connection with, and/or during the Retreat/Experience (by Company or any third party). There is no time limit on the validity of this release nor is there any geographic limitation on where materials including your Likeness may be used, reproduced, displayed, exhibited, published, and/or distributed by or on behalf of Company.
11 VOLUNTARY PARTICIPATION IN STRENUOUS ACTIVITY.
You acknowledge that you are voluntarily participating in the Program/Retreat with Company, which may include strenuous physical activity including without limitation walking, running, hiking, dancing, climbing, swimming, jumping, yoga, plyometrics, knife carving, hunting activities, Program Classes, and various other exercises or physical activity (“Physical Activity”). You acknowledge that you are fully aware of the risks and hazards connected with participation in the Program/Retreat and/or engaging in Physical Activity, which may include the risk of serious injury (e.g., heart attacks, muscle strains, pulls, tears, broken bones, shin splints, and other illnesses) or death, and you hereby elect to voluntarily participate in such Physical Activities as part of the Program/Retreat.
12 HEALTH AND FITNESS ELIGIBILITY.
You represent that you are over the age of eighteen (18) and are healthy, in good physical and mental health, and are at a level appropriate to participate in, and are fully capable of participating in, the Program/Retreat. You further represent that you do not suffer from any medical conditions or disabilities that may restrict, limit, prevent, or preclude your participation in the Program/Retreat, including any Physical Activities. You have consulted with your physician and your physician has authorised you to participate in the Program/Retreat, including any Physical Activities. You will discuss and address any questions or concerns you may have about your physical or mental health with the appropriate health care professional prior to the start of your Program/Retreat. Documentation from your physician confirming your clearance to participate in the Program/Retreat can be provided upon request. If, at any time, you have any doubts about your physical condition or fitness to participate in any aspect of the Retreat/Experience, you will cease participation in the same and seek appropriate medical attention.
You are hereby advised that the Retreat/Experience may take place in remote areas where there is little or no access to traditional medical services or hospital facilities for serious health issues (or your particular health issues). You are further advised that any medical or evacuation expenses will be your sole responsibility.
As a result, we strongly encourage you to purchase travel insurance with appropriate coverage for your needs. We reserve the right in our sole discretion to refuse your participation in the Program/Retreat, any Program/Retreat Experiences, Physical Activities, and/or any other activities, due to medical, fitness, or other grounds. Company also reserves the right to deny participation in the Program/Retreat or any related activities at any time to individuals demonstrating behaviour that may result in injury to themselves or others.
13 ASSUMPTION OF RISK.
You understand that serious accidents may occur during Physical Activities, including without limitation nature connection and Program/Retreat Experiences, and that participants can sustain fatal and/or serious personal injury. As stated above, the Program/Retreat may take place in a remote location where there is little or no access to traditional medical services or hospital facilities for serious and/or particular health issues. You may also be visiting places where the political, cultural, and geographical attributes of the location present risks and physical challenges that are greater than those present in your country of residence. It is your own responsibility to familiarise yourself with all possible relevant travel information in connection with your participation in the Program/Retreat. Understanding and in full consideration of the foregoing, you agree to solely and exclusively assume full and complete responsibility for and the risks inherent in travel and engaging in Physical Activity (including Program/Retreat Experiences) which may include injury, death, property damage, and/or any other kind of Liability, whether foreseen or unforeseen, which may occur during your participation in the Program/Retreat. You acknowledge that your decision to participate in the Program/Retreat is made in full consideration of the foregoing information and that you solely and exclusively assume the risks involved with participating in the Program/Retreat. In no event will company be liable for any liabilities arising from or in connection with your participation in the Program/Retreat.
14 INJURY.
In the event you are injured while participating in the Program/Retreat, you agree to assume all financial obligations for any and all medical costs you incur. You acknowledge and agree that in no event shall company and/or any company party be liable or responsible for any losses or liabilities arising out of your participation in the Program/Retreat.
15 WAIVER OF LIABILITY AND RELEASE.
In consideration for participating in the Program/Retreat, you voluntarily assume full responsibility for and hereby release, waive, discharge, do not hold liable, and covenant not to sue company, its officers, members, agents, contractors, employees, volunteers, guides, and other representatives (each a “company party” and collectively, the “company parties”) for any and all claims, demands, actions, causes of action, and/or losses (including but not limited to any exemplary, direct, indirect, incidental, special, consequential, punitive, or other damages, medical expenses, lost wages/income, loss of services, lost profits, property damage, pain, illness, and death) (collectively “liabilities”) whatsoever arising out of or in any way related to your travel to and/or participation in the Program and/or Retreat Experience and/or any activities conducted in connection therewith, regardless of whether such liabilities are caused by the negligence of any company party or otherwise, and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, even if any company party has been advised of the possibility of such liabilities, to the fullest extent.
You have been advised and urged to obtain travel insurance to cover against Liabilities resulting from trip cancellation or interruption, weather, natural disaster, strike, illness, job reasons, accident, sickness, evacuation, pre-existing medical conditions, baggage delay, loss, theft, and other Liabilities associated with travel and your participation in the Program/Retreat. You acknowledge that whether or not you elect to purchase or not purchase travel insurance, you will not look to any of the Company Parties for reimbursement for any Liabilities suffered or occurring during your travel and/or participation in the Program/Retreat.
16 INDEMNITY.
You further hereby agree to indemnify and to not hold liable the company parties for any and all liabilities (including without limitation court costs and attorneys’ fees) that one or more of the company parties may incur as a result of your participation in the Program/Retreat, whether caused by the negligence of any company party or otherwise (but excluding any gross negligence or wilful misconduct of a company party), to the fullest extent allowed by applicable law.
17 BINDING EFFECT.
It is your express intent that this Agreement shall bind the members of your family and spouse, if you are alive, and your heirs, assigns and personal representative, if you are deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE any of the Company Parties.
18 GENERAL.
(1) Entire Agreement.
This Agreement constitutes the entire agreement between you and Company, and supersedes any prior agreement, regarding the subject matter herein. You acknowledge and represent that no oral representations, statements, or inducements, apart from those set forth herein, have been made to you by any Company Party.
(2) Force Majeure.
If Company is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of any Act of God, strike, trade dispute, fire, inclement weather, breakdown, interruption of transportation networks/means, government or political action, acts of war or terrorism, acts or omissions of a third party, or for any other cause whatsoever outside of Company’s reasonable control, company will be under no liability whatsoever to you and may, at company’s sole discretion, by written notice to you, either cancel the Program/Retreat pursuant to section 9 or take any other reasonable action.
(3) Interpretation.
You acknowledge and agree that this Agreement, including the releases and waivers of liability herein, are intended to be as broad and inclusive as permitted by applicable law.
(4) Severability.
Any provision in this contract which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this contract or affecting the validity or enforceability of that provision in any other jurisdiction.
(5) Waiver.
The failure or delay by Company to enforce or exercise any provisions of this Agreement shall not constitute or be deemed a waiver of such provision or any other provisions herein. Furthermore, any waiver or breach of any provision of this Agreement shall not amount to a waiver of any other provision.
(6) Headings.
The headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions herein.
19. PARTICIPANT ACKNOWLEDGEMENT
(1) I have been examined by a Licensed Medical Practitioner (“Practitioner”) within the past six months and have been found by such Practitioner able to perform all vigorous activities, which I am to perform during my Program/Retreat with Company.
(2) I will follow all instructions given to me by Company, its Coaches and any Guest Coaches or affiliates at the Program/Retreat Experience as to when, where and how to perform and not to perform any activities within the Program/Retreat Experience.
(3) I agree and acknowledge that participation in any Program/Retreat could constitute a risk of serious injury to myself, including permanent paralysis or death. I voluntarily and knowingly recognise, accept and assume this risk a warrant that I am physically fit and able to perform the physical activities at the Program/Retreat, including but not limited to nature connection practices, hiking, Movement Practices without risking serious injury, including permanent paralysis or death.
(4) I acknowledge that neither Company, its Owners, Coaches or Employees shall be nor be deemed to be responsible or liable (whether in contract or in tort or under any statute whatsoever), for any injury, illness or other mishap I sustain arising from or out of, or in any way directly or indirectly connected with the Program/Retreat Experience.
(5) I understand and acknowledge that I am to receive instruction in nature connection practices, survival skills, movement practices, program facilitation, marketing theory and program development only. Company, its Owners, Coaches or Employees are not liable for, nor expected to provide any advice, training or medical assistance other than in the form of the nature connection, survival skills and movement practices.
(6) I indemnify and will at all times hereafter keep fully indemnified Company, its Owners, Coaches, Representatives or Employees from and against all actions, suits, causes of action, proceedings, claims, costs and expenses whatsoever which may be taken or made against Company, its owners, Coaches, representatives or Employees in connection with or arising out of any such injury, illness or mishap to me.
(7) In the event that I am pregnant, I will not attend a Program/Retreat Experience until I have discussed the potential risks to me or my unborn child/foetus with my physician. I agree that I will follow my physician’s recommendations and on behalf of myself, my heirs, spouse or other interested party do not hold Company, its owners, coaches or employees liable for any possible injury to myself or my unborn child/foetus.
(8) The deposit paid by me at the time of booking a Program/Retreat Experience to Company is non-refundable. Company may in its sole discretion grant refunds to me without prejudicing any of its rights.
(9) I understand that if my behaviour is disruptive to other participants and Company that Company may, in their discretion, dismiss me from further participation in the Program/Retreat Experience.
I understand that if I am dismissed from the Program/Retreat Experience as outlined in 19(9) any refund of payment is at the sole discretion of Company.
20 CHANGES IN TERMS
You acknowledge that Company may at any time and for any reason change, alter, remove or add terms to this agreement without a requirement for your consent. If any such terms are changed, altered, removed or added the Company will notify and provide you with an updated copy of such terms. Any change, alteration, removal or addition of terms will not apply retrospectively, unless expressly stated in the term. You are not eligible for any refund, discount or credit should the change, alteration, removal or addition of a term cause you any loss, damage or inconvenience.
21 YOU ARE AWARE OF THE POTENTIAL DANGERS INCIDENTAL TO PARTICIPATING IN THE PROGRAM OR RETREAT EXPERIENCE, AND ACKNOWLEDGE THAT THIS IS A CONSENT, RELEASE OF LIABILITY AND A WAIVER OF YOUR LEGAL RIGHT TO COLLECT DAMAGES IN THE EVENT OF INJURY, DEATH, PROPERTY DAMAGE, OR ANY OTHER LIABILITY, WHICH CREATES A CONTRACT BETWEEN YOU AND COMPANY. BY TICKING THE TERMS OF SERVICE BOX ON YOUR BOOKING FORM FOR YOUR PARTICULAR PROGRAM OR RETREAT EXPERIENCE, IT IS YOUR INTENTION TO EXPRESSLY ASSUME ALL RISK OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND ANY OTHER LIABILITY UPON YOURSELF, TO THE EXCLUSION OF COMPANY AND ALL COMPANY PARTIES, AND TO EXEMPT COMPANY AND ALL COMPANY PARTIES FROM LIABILITY FOR, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, OR ANY OTHER LIABILITIES.
3) ONLINE PROGRAMS
PARTICIPANT AGREEMENT FOR ALL ONLINE PROGRAMS - 7 DAY SIT SPOT CHALLENGE, SOUL QUEST, POWER QUEST & FEMININE MASTERY
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or country of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to Services and Prices
Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Refunds, Accuracy of Billing and Account Information
There are no refunds given for online purchases. We reserve the right to refuse any order you place with us. In the event that we make a change to a program deliverable or cancel a program, we may attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Nature Philosophy business. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed below.
Errors and Inaccuracies
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have registered for you program).
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the Nature Philosophy owners, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Nature Philosophy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Privacy policy
This Privacy Policy governs the manner in which the website collects, uses, maintains and discloses information collected from users (each, a ‘User’) of the website (‘Site’). This privacy policy applies to the Site and all products and services offered by company.
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, email address. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
CONTACTING US
For the purpose of the Data Protection Act 1998 and the General Data Protection Regulation, the data controller in respect of any personal data that you submit to us is Nature Philosophy, a business that operates under Australian law.
If you want to know what information we hold about you or if you have any other queries in relation to this privacy policy, please contact us using the following contact information:
Nature Philosophy
Phone: 0434 532 131
Email: connect@naturephilosophy.com.au
WHAT INFORMATION DO WE COLLECT?
We will collect information that you provide to us when you register on the Service (such information shall include, but may not be limited to, your name, age, debit/credit card information, telephone number, postal address and email address);
About your usage of the Service; that you provide to us in e-mails or letters that you send to us;
And about transactions you carry out through the Service, orders you place and the fulfilment of your orders;
Data that you submit in order to use the Service, including data relating to your customers, clients or others using your services which the Nature Philosophy apps have access to.
It is possible to view the Nature Philosophy website without providing any personal details. However, without registering your details you will not be able to use the Services.
We may receive some information that you submit to any third party website or application that you access through the Service. Both Nature Philosophy and the owner or operator of that third party website will be the data controller in respect of any such information and you should check the privacy policy of that website to find out how they will use your personal information.
We will only use any information that we collect from you in accordance with this Privacy Policy.
COOKIES
The Service uses cookies to ensure that you get the most out of the Service. Cookies are small amounts of information in the form of text files which we store on your computer. Cookies allow us to monitor usage of the service, improve the Service’s usability and to personalise the content for you.
If you do not wish us to install cookies on your computer for these purposes, you may change the settings on your internet browser to reject cookies. For more information about how to do this please consult the “Help” section of your browser. Please note that if you do set your browser to reject cookies, you may not be able to use all of the features of the Service. If you prevent us from placing cookies, you may not be able to use the Service to place an order. This is because we use cookies to enable you to log in to your account.
We may use an analytics service provider for service usage analysis and reporting. Analytics service providers generate statistical and other information about usage by means of cookies, which are stored on users’ computers. The information generated relating to the Service may be used to create reports about the use of the Service and the analytics service provider will store this information.
In addition, advertisers whose advertisements appear on the Service may use and place cookies on your computer and we have no control over this. Please consult the terms and conditions and privacy policy of such third party advertisers to find out how they collect and use your personal data and to establish whether they use cookies and what they may use them for.
HOW DO WE USE THE INFORMATION THAT YOU PROVIDE TO US?
We may use your information in the following ways:
– to ensure that our Service is delivered in the most effective manner for you and your computer;
– to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
– to carry out our obligations arising from any contracts entered into between you and us;
– to provide customer service to you in relation to your use of the Service, to deal with enquiries and complaints relating to the use of the Service and – – to notify you about any changes to our service;
– to administer, support, improve, optimise and develop our Service;
– to produce reports which may be used, sold or published by us at our sole discretion provided that any data or reports will be anonymised and not refer to any individual user of the Services;
– for internal marketing and demographic studies to improve the products and services that we provide; and for security purposes.
We may also use your information to provide you with our email notifications, newsletters and other marketing communications that either you request from us or which you consent to by opting in when completing a registration form on the Service. You may opt out from receiving such marketing communications from us at any time by notifying us in writing, contacting us at info@naturephilosophy.com.au or, alternatively, by following the procedure to ‘unsubscribe’ that is specified in the email that you receive.
DISCLOSURE OF YOUR INFORMATION
Other than as expressly set out in this Privacy Policy or as otherwise required or permitted by law, we will not share, sell or distribute any of the information you provide to us without your consent.
You should note that information posted on the public elements of the Service may be visible by users of the Service throughout the world. You should therefore be careful when submitting information about yourself to the Service.
We may disclose your personal information: (i) to any third party to whom disclosure is necessary to enable us to fulfil your orders and provide you with any service to which you have subscribed via the Service; (ii) where required to do so by law or court order; and (iii) to any person to whom disclosure is necessary to enable us to enforce our rights under this Privacy Policy or under our Terms and Conditions.
We may disclose your personal information to Facebook Inc in order to fulfil the Services. You can review Facebook’s Terms of Service here https://www.facebook.com/ads/manage/customaudiences/tos.php
THIRD PARTY SITES
The Service may contain links to websites or access to applications that are operated by third parties. We do not control and accept no liability or responsibility for those websites and this Privacy Policy does not apply to those websites. Please consult the terms and conditions and privacy policy of those third party websites to find out how they collect and use your personal data and to establish whether they use cookies and what they may use them for.
Advertisements contained on our Service operate as links to the advertiser’s website and as such any information they collect by virtue of your clicking on that link will be collected and used by the relevant advertiser in accordance with the privacy policy of that advertiser.
HOW DO WE PROTECT YOUR INFORMATION?
In common with a number of other websites, the data that we collect from you may be transferred to a cloud service provider which has data servers which are based outside the European Economic Area (“EEA”). By submitting your personal data, you agree to this transfer and the storing and/or processing of your personal data on these servers. We will take all steps Privacy Policy.
Appropriate security measures will be adopted to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. However, you acknowledge that data transmission over the internet is inherently unsecure and that we cannot guarantee the security of data you send over the internet.
Your information will only be held for a reasonable period or as long as the law requires or permits.
ACCESSING YOUR INFORMATION
You may at any time request access to and/or, if incorrect, rectification of your personal data by contacting us at the address set out in this Privacy Policy or by e-mailing info@naturephilosophy.com.au. We reserve the right to ask you for proof of your identity and to charge you a fee of twenty US dollars ($20) to meet our costs in granting any data access request you make.
CHANGES TO OUR PRIVACY POLICY
Nature Philosophy has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
YOUR ACCEPTANCE OF THESE TERMS
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