Terms of Service

1. APPLICATION OF TERMS

These terms apply to any person or entity (‘you/your’) attending the Whole Hearted Medicine Retreat (‘the Retreat’) operated by Whole Hearted Medicine Pty Ltd ABN 74 274 052 198 (‘we/our/us’). By attending the Retreat, you agree to be bound by these terms. We may amend these terms and conditions from time to time. These terms are governed by the laws of Australia.

2. COLLECTION AND USE OF PERSONAL INFORMATION

You may need to register to attend the Retreat. When you register you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with our privacy policy and the applicable law.

We may otherwise collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services and our business partners.

We will handle all personal information we collect in accordance with our privacy policy and the applicable law, and our privacy policy explains:

(a) how we store and use, and how you may access and correct your personal information;

(b) how you can lodge a complaint regarding the handling of your personal information; and

If you would like any further information about our privacy policies or practices, please contact us.

3. SERVICES

We offer all services listed on the Retreat timetable.

We reserve the right to amend the services to be provided at the Retreat at any time.

4. REFUNDS & CANCELLATIONS

Cancellations Made More Than 90 Days Before Retreat Start Date

All retreat investments are non-refundable. If you cancel in writing at least 90 days before your retreat start date, you may transfer your booking to another available retreat of equal value. If you're transferring to a higher-priced retreat, the difference is payable at the time of transfer.

Cancellations Made Within 90 Days of Retreat Start Date

Cancellations made within 90 days of the retreat start date are non-refundable and non-transferable, with no exceptions regardless of the reason for cancellation. We recommend taking out comprehensive travel insurance at the time of booking to cover you for unforeseen events or last-minute changes.

Waitlist Transfers (Sold-Out Retreats)

For retreats that are fully booked, we maintain a waitlist. If you cancel, your place may be offered to someone on the waitlist at our discretion.

If a waitlisted person confirms and their payment is received, you will be refunded the amount paid, less a $300 AUD administration fee. This applies even if your cancellation occurs within the 90-day window. If your place cannot be filled, standard cancellation terms apply and no refund will be issued.

Non-Refundable Clause

Unless otherwise stated above, all monies paid are non-refundable. Cancellations and booking changes must be submitted in writing as early as possible.

Consumer Rights

Nothing in these terms modifies or excludes any guarantees, warranties, or rights you may have under the Australian Consumer Law or other applicable local legislation. All other warranties, including liability for incidental or consequential damages, are expressly excluded to the extent permitted by law.

5. INTELLECTUAL PROPERTY

The Retreat and all the content provided during the Retreat, including the program, may represent or contain intellectual property owned by us, including trademarks, copyrights and proprietary information.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.

6. DISCLAIMERS

To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that you attend the Retreat at your own risk.

The services and information provided at the Retreat may contain general information and discussions about health and related subjects. The information and other content provided at the Retreat, or in any linked materials, are not intended and should not be construed as medical advice, nor is the information a substitute for any legal, financial, business, Whole Hearted Medicine Pty Ltd ACN 274 052 198 Terms of Service June 2022 information technology or other professional advice.

While we make every effort to make sure the information provided at the Retreat is accurate and informative, the information does not take the place of professional or medical advice. We make every effort to provide quality information at the Retreat. However, we do not provide any guarantees, and assume no legal liability or responsibility for the accuracy, currency or

completeness of the information. The opinions and views expressed at the Retreat have no relation to those of any academic, hospital, health practice or other institution.

We hereby expressly disclaim any claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you.

Attendees at the Retreat may participate in extracurricular activities including, but not limited to, swimming and/or other water activities that have not been organised us and are not part of the Retreat program (‘extracurricular activities’). To the extent permitted by law, Whole Hearted Medicine Pty Ltd ABN 74 274 052 198 does not accept any liability for, and is not responsible for, any damage, loss or injury caused by the participation of attendees in services provided by us or for any extracurricular activities they participate in.

Any testimonials and examples of our products and services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results with our products and services.

Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

7. SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your participation in the Retreat, or any part of it.

8. GENERAL

These terms, and any dispute relating to these terms or the Retreat, are governed by and must be interpreted in accordance with the laws of Australia. Each party submits to the non- exclusive jurisdiction of the courts of Australia in relation to any dispute connected with these terms or the Retreat.

For us to waive a right under these terms, the waiver must be in writing.

If any part or provision of these terms is or becomes illegal, unenforceable or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.

9. CONDUCT AND CONFIDENTIALITY

You agree to co-operate with us in the conduct of the Retreat and use your best endeavours to comply with reasonable requests made by us to promote the efficient conduct of the Retreat.

You acknowledge that during the Retreat you may become the recipient of information of a private and confidential nature that is shared by us or any other party (the ‘disclosing party’)attending the Retreat. You agree that you will not disclose to any person any information of a private and confidential nature disclosed by a disclosing party during the Retreat without the prior consent of the disclosing party other than information that may reasonably indicate that a party or the public may be at risk of harm or death. For the purposes of this provision information of a private and confidential nature” means all personal (and corporate) information acquired by a party from a disclosing party which had previously been maintained in the strictest confidence by the disclosing party.