Terms & Conditions

At Reclaim Her, we are committed to providing the highest level of satisfaction on all of our programs and products. This page has all the legal information which is here to protect you and us.

 

 

WEBSITE TERMS AND CONDITIONS 

 

Welcome to Reclaim Her [ABN 23651388126] and https://reclaimher.com/, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an “Agreement”. If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time.  

 

YOUR OBLIGATIONS WHEN USING OUR WEBSITE 

 

To provide correct information and comply with the law 

When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of QLD and Australia when you use our website, including, but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws. 

 

To only make personal and non-commercial use of our Content 

You agree that the copyright in all Content on our website is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing connect@reclaimher.com. All trademarks on our website belong to their respective owners. 

 

To use third party software, links etc at your risk 

We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk, and you must direct any concerns regarding their products or services to them. We also provide access to third-party apps and software to enhance the functionality of our website. We have no control over those third-party apps and software, and do not make any warranties in relation to them. You use them at your own risk, and you must read and agree to their terms and conditions which govern your use of them. 

 

To not rely on any “advice” 

Some of the information we provide on our website may be “health” related information. It does not constitute any “health” advice and we provide this information for your general use only. It may be historical information, incomplete information or could be an opinion that is not widely held. Your personal situation has not been considered when providing the information, so any reliance on this information is at your sole risk, and you should always seek independent professional advice before reliance on the information.  

 

To be respectful when posting 

We encourage you to engage in online discussions in our community, however, we do not recommend that you include any personal information such as your email address or physical address in any posts. When you engage in discussions, your posts will not be confidential, and you must comply with our posting rules. You must not post any of the following, which is determined at our discretion:  

  • any disrespectful, inappropriate, offensive, threatening or abusive content;  
  • any content that breaches the rights of a third party (e.g. which is defamatory); 
  • any content that impersonates any other person, or misleads us as to the origin of your posts; or  
  • any advertising, self-promotion or sales. 

 

Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them. You are solely responsible for all your posts.  

 

WE MAKE NO WARRANTIES OR GUARANTEES 

We cannot represent, warrant or guarantee that: 

  • our website will always be available, that your use will not be interrupted or that our website is free from viruses or secure; or 
  • our Content is accurate, complete and current. 

For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at connect@reclaimher.com if you find any issues. 

 

LIMITATION OF LIABILITY AND INDEMNITY 

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its Content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its Content, any interruptions, changes, suspension or termination of our website or any events beyond our control. 

 

You indemnify us for any Claim arising out of or in connection with any third-party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party. 

 

OTHER 

This Agreement is governed by the laws in QLD, Australia and the parties submit to the jurisdiction of the courts of QLD, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision. 

 

DEFINITIONS 

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs. 

Content means any content on our website, and could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content. 

Loss or Damage means any loss or damage including, but not limited to, any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.  

We, us, or our means Reclaim Her Pty Ltd ATF Heart Sistas Trust [ABN 23651388126 ] t/as Reclaim Her and includes any of our directors, officers, employees, agents, partners and contractors. 

 

PRIVACY POLICY 

This policy outlines the way we at Reclaim Her (ABN 23651388126) collect, hold, use and disclose personal information.  

 

WHAT PERSONAL INFORMATION WE COLLECT & HOW AND WHY WE COLLECT IT? 

What personal information do we collect? 

The personal information we collect is generally limited to: 

  • business information; 
  • credit card or direct debit details; 
  • date of birth; 
  • job information; 
  • name and contact details; 
  • opinions; 
  • any communications we have. 

However, we may also collect: 

  • financial information; and 
  • information about how you use our website, via third parties. 

 

How do we collect your personal information? 

The main way we collect information is when you give it to us, for example, via our website sign-up, intake or other forms, via phone, email, when you submit comments or feedback or via social media. 

 

We also use cookies on our website which may identify you and track your actions and the pages you visit. This helps make our website work more securely and efficiently, such as enhancing security on our contact form, and storing your information, so you don’t have to put it afresh when you visit us again.  

At times personal information may also be gathered from third parties, such as Google Analytics or Facebook Pixel. These third parties may use cookies, web beacons and similar technology to collect or receive information about you from our website and elsewhere on the internet. 

 

Why do we collect your personal information? 

We need your personal information to: 

  • communicate with you in relation to your enquiry; 
  • verify your identity for security purposes;  
  • send you news if you have signed up (you can unsubscribe at any time); 
  • conduct our business, and enable your use of our website, products and services; and 
  • in some cases, to comply with our legal obligations, such as record keeping. 

We also collect personal information to analyse and enhance our business operations and improve your experience with our business. This is used as statistical information to analyse the traffic to our website, and to customise the content and advertising we provide.  

You can opt-out of the collection and use of this information by changing your privacy settings or opting out. To opt-out you can go here: https://tools.google.com/dlpage/gaoptout 
To change your Facebook ad preferences, you can go here:  
https://www.facebook.com/adpreferences/advertisers/ 

Where we collect your financial information, we use it to help you pay for our products and services. Only the staff that need to know this information have access to it, and we only keep it as long as it is necessary. We use SSL certificates to verify your identity and encrypt any data you give us. All financial information is encrypted on our servers, and we do not keep all your data (to prevent unauthorised and duplicated transactions). We do not keep any details of your direct debit, and all information is sent to our bank for processing.  

 

WHEN DO WE DISCLOSE PERSONAL INFORMATION & HOW YOU CAN ACCESS IT?  

When do we disclose your personal information? 

We will take reasonable precautions to protect your personal information, including against loss, unauthorised access, disclosure, misuse or modification. It is kept securely and accessible only to authorised personnel. Information is kept in accordance with our legal record keeping obligations and then destroyed appropriately. We generally will not disclose your personal information unless: 

  • you consent; 
  • it is required or authorised by law; or 
  • it is reasonably necessary for one of the purposes for which we collect it. 

However, we do disclose your personal information where it is necessary to obtain third party services, such as analytics, data storage, payment service providers or marketing and advertising services. To protect your personal information, we endeavour to ensure that our third-party service providers also comply with the Australian Privacy Principles, but some third parties we use may collect, hold and process personal information overseas.  You can opt-out of the collection and use of this information by changing your privacy settings or opting out. 

 

How can you access or delete your information?  

If you want access to your information to correct or have it deleted, please email us at connect@reclaimher.com. Except where we are permitted or required by law to withhold it, we will help you. If you consider that we have breached any privacy laws, please also email us at connect@reclaimher.com. You can make a complaint with the Office of the Australian Information Commissioner by phone on 1300 363 992, online at http://www.oaic.gov.au/privacy/making-a- privacy-complaint or post to: Office of the Australian Information Commissioner, GPO Box 5218, Sydney, NSW 2001. 

 

ADDITIONAL PROVISIONS FOR EUROPEAN CITIZENS 

If you are a resident of the European Economic Area (“EEA”) or the UK you have certain rights and protections under the General Data Protection Regulations (“GDPR”) or it’s UK equivalent, The Data Protection Act 2018 regarding the processing of your personal information. We are a controller under the GDPR as we collect, use and store your personal information to enable us to provide you with our website services and information about them. 

We rely on the following lawful means of processing your personal information: 

  • where you have given us valid express consent to use your personal information we will rely on that consent, and only use the personal or sensitive information for the specific purpose for which you have given consent; and 
  • where we need comply with the law or act in an emergency, we will rely on that lawful means of processing your personal information. 

 

Your Rights 

If you are an EEA or UK resident, you have various rights including the right to be informed; right of access; right to rectification; right to object; right to restriction of processing; right to erasure or to be forgotten; right to data portability; and right not to be subject to automated processing.  If you want to access personal information we hold about you, or ask if that the information be corrected, please contact us at connect@reclaimher.com. In some circumstances, you also have a right to object to or ask that we restrict certain processing activities or delete your personal information. If you would like to limit or request deletion of your personal information or exercise any other rights, you can do so by contacting us. You can withdraw your consent to our collection or processing of your personal information. You can do so by contacting us at connect@reclaimher.com or by opting out of email newsletter communications by following the instructions in those emails or by clicking unsubscribe. If you withdraw your consent to the use of your personal information, you may not have access to our services, and we might not be able to provide you with our services. In some circumstances where we have a legal basis to do so we may continue to process your information after you have withdrawn consent, for example if it is necessary to comply with an independent legal obligation or if it is necessary to do so to protect our legitimate interest in keeping our services secure. 

 

Security 

All personal information stored on our website platform is treated as confidential. It is stored securely and is accessed by authorized personnel only. Our collection is limited in relation to what is necessary, for the purpose for which the personal information is processed and kept only for so long as is necessary for the purpose for which the personal information was collected. We implement and maintain appropriate technical, security and organisational measures to protect personal information against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure. We ensure the encryption and pseudonymisation of personal information and we have adequate cyber security measures in place. By providing us with your personal information you consent to us disclosing it to third parties who reside outside the EEA countries or the UK. We will ensure that those third parties are GDPR compliant. 

 

 

 

COACHING TERMS AND CONDITIONS 

 

These terms and conditions formalise the business coaching services (“Coaching Services”) that Reclaim Her [ABN 23651388126] (“Reclaim Her” “we”/ “us”) will be providing. The Coaching Services will be performed personally by Kareena Tania Glanville and/or Sophie Scanlon. You could be any client of our Coaching Services and these terms and conditions apply to all Coaching Services we provide.  

You must pay us the Coaching Fees. The Deposit must be paid to secure your Coaching Package. Once you purchase a Coaching Package, you must use it within 12 months. We will invoice you monthly and all invoices are due and payable within 30 days. Any late payments will incur interest at the rate of 8% per annum and all debt recovery fees will be billed to you. 

 

Promises you make for me 

You must provide us with all Information we need so that we can perform the Coaching Services. You represent and warrant that: 

  • all Information you provide is true, correct, current, and to the best of your knowledge; 
  • you have adequate technology set up including internet access to enable us to conduct any conferences online; 
  • you are committed to working on yourself, and you want change in your life.  

 

Acknowledgements and agreements you make  

You must meet or call at the scheduled time, and participate fully during each coaching session with accountability, honesty, integrity and respect for the process. You acknowledge and agree:  

  • that you are required to provide transparent and accurate information during each coaching session; 
  • to commit to doing any actions that are determined in the coaching sessions;  
  • the level of your active and willing participation will determine the success of the coaching; 
  • that we cannot guarantee results, and they are dependent on your actions and implementation;  
  • that you are responsible for all choices and decisions you make; and 
  • that you must be on time to all coaching sessions; any late attendance will not entitle you to an extended session, and we may cut short the session time.  

 

What we agree to do 

We agree to: 

  • provide the Coaching Package during the Coaching Period from the Commencement Date;  
  • keep you informed of your progress;  
  • keep all the documents you provide secure and return all documents at the termination of this Agreement; 
  • at all times keep your Confidential Information confidential, and will also not divulge the fact that we are in a coaching relationship unless you do; in which case we will confirm as such; and 
  • at all times comply with our Privacy Policy, details of which you can find on our website. 

 

Reliance on Life Coaching 

We are not medical doctors, psychiatrists, psychologists, qualified social workers or counsellors. We strongly recommend that you obtain independent professional health advice before you make decisions or take steps that rely on any health or medical information we may provide. For example, do not use any health information to treat any mental disorder or disease. Coaching is not a substitute for mental health care. 

We are also not financial advisors or lawyers. We strongly recommend that you obtain independent professional financial or legal advice before you make decisions or take steps that rely on any money related, financial or legal information we may provide. For example, do not use any financial information to make an investment.  

 

Where you wish to reschedule, cancel or seek a refund 

You may re-schedule a coaching session with 48 hours prior written notice. Only one re-scheduling is permitted per month to a mutually convenient time. We cannot guarantee that if you miss a coaching session, we will be able to re-schedule. If you cancel or miss more than 2 sessions in a row, we reserve the right to terminate this agreement without providing a refund. Any cancellations with less than 48 hours prior notice will incur the Cancellation Fee.  

 

Any refunds for cancelled coaching sessions are made at our sole discretion and will only be made for the current month. To the extent permitted by law, any refunds for any cancellations of the Coaching Package are at our absolute discretion. We do not provide refunds for your change of mind, where you fail to provide us with adequate information or clearly explain your needs, or where you fail to act on our advice.   

 

Our obligations under the Australian Consumer Law 

Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a service, you are entitled to:  

  • cancel your service contract with us; and  
  • to a refund of the unused portion, or to compensation for its reduced value. 

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. 

 

Intellectual Property and publicity 

We own or have a license to use all Intellectual Property Rights in any Materials we may provide you throughout the performance of the Coaching Services. You must not use any Materials for any purpose other than your sole personal use, business or career development. Any Materials we provide you must not be reproduced or resold without our prior written permission which will be given at our absolute discretion and will be the subject of license fees.  

 

You permit us to use any photos, videos and testimonials you provide to us for marketing and information purposes, or publications, exhibitions and professional awards. Where we take photos or videos of you, we will seek your consent to use them. You must seek our prior written consent before any publication of information about the Coaching Services.  

 

Limited liability 

You acknowledge and agree that we are not liable for any Loss or damage which may result from the Coaching Services. To the extent permitted by law, our liability is limited, at our option to: 

  •  the replacement of the services or the supply of equivalent services; or 
  •  the payment of the cost of replacing the services or of acquiring equivalent services. 

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid. 

You acknowledge and agree to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement and any third party claims. 

 

Where we can terminate  

We may either suspend the Coaching Services, or terminate the Coaching Package where: 

  • we are unable to agree on required actions during the coaching session; or 
  • there is a conflict of interest, or 
  • you have missed two consecutive classes. 

Where we determine, at our sole discretion, that you need more qualified assistance, we may immediately terminate this agreement. We may also, at our option and without prejudice to any of my rights, immediately terminate this Agreement where you default on any invoices, breach this Agreement, or commit an act of bankruptcy. Upon termination, you must pay all accrued Coaching Fees owing up to the date of termination.  

 

If there is a dispute 

If at any time any aspect of the Coaching Services are not reasonably acceptable to you or we disagree on the quality or substance of the Coaching Services you will immediately notify us of any such reason, the specifics and will give us a reasonable opportunity to respond and address any concerns. 

If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs. 

 

THE GOVERNING LAW AND OTHER MATTERS 

This Agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter. This Agreement may not be modified or amended except in writing signed by both parties. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. This Agreement must not be transferred or assigned without the prior written consent of the other party. This Agreement is governed by the laws from time to time in force in the state of QLD   Australia.  Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of QLD for determining any dispute concerning this Agreement. 

 

DEFINITIONS: 

“Agreement” means these terms and conditions, and the Proposal.  

“Claim” means any claim under statute, tort, contract or negligence, any demand, awards or costs. 
“Confidential Information” means any sensitive personal information as defined under the Privacy Act 1988 and any sensitive business information, including any business staff and system knowledge, but not including any information required to be disclosed by law, or already in the public domain. 

“Information” means any information you provide to us during the Coaching Services. 

“Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information and all other intellectual property rights whether registered or unregistered. 

“Loss and/or Damage” means any direct, indirect, consequential or incidental loss or damage. This includes, but is not limited to any loss, personal injury, death, negligence, loss of profits, revenue, salary, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our Coaching Services. 

“Materials” means any documents, information, and includes any worksheets, coaching program documents or concepts.  

“We, us, or our” means Reclaim Her Pty Ltd ATF Heart Sistas Trust [ABN 23651388126 ] t/as Reclaim Her and includes any of our directors, officers, employees, agents, partners, contractors. 

“You” means you, the client, and includes all your successors, assigns, personal representatives, executors and agents. 

All other capitalised terms are defined in the Proposal. 

 

TERMS OF SERVICE FOR CUSTOMERS  

These Terms of Service for customers (“Terms”) apply to all customers, and potential customers of Reclaim Her Pty Ltd ATF Heart Sistas Trust [ABN 23651388126 ] t/as Reclaim Her (“we, us, our”). These Terms together with any other terms and conditions and policies including our Privacy Policy we publish or link to on our Website and Services form an agreement with us (“Agreement”). “You” could be any customer of ours. If you do not agree, you cannot purchase any of our Products online. We may change this Agreement at any time, and by continuing to use or access our Website and Services, you are accepting those changes. 

 

BEFORE PURCHASE 

Things you must do before purchasing Products on our Website 

You must: 

  • be 18 years old or have parental consent; 
  • provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information; 
  • pay for the Product via the published payment methods available; 
  • have any special offer coupons ready as they must be used at the time of purchase to apply – they cannot be applied retrospectively; and 
  • be careful with your order because after placing an order we may not be able to cancel it as it will have been processed and paid for by us. 

 

Acknowledgements you make when purchasing on our Website 

You acknowledge and agree that there may be: 

  • occasional errors or omissions in Product descriptions, prices, shipping charges, delivery times, availability and promotions; 
  • colour differences, so that the colours and images of Products we display may be different on your screen to the colours and images of the actual Products; 
  • Products we display that are only available through our Website; and 
  • some Products with limited quantities, and some sales that are limited to certain regions or groups of people. 

Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.  

  

You further acknowledge and agree that our Products can change over a period of time. While our essential oil sprays last over 12 months, their fragrance is diluted with exposure to air and therefore may alter slightly with the passing of time.  

 

AFTER PURCHASE 

Things you must do after purchasing on our Website 

You must: 

  • contact Australia Post or the courier company directly if you have late, stolen, or damaged deliveries; 
  • comply with the manufacturers or our instructions in relation to the Product; 
  • contact us by email at connect@reclaimher.com if you have any issues with the Product and require a refund; – please contact us within 48 hours; 
  • seek our prior written consent before any publication of information about us; and 
  • in the case of a dispute keep all communications confidential. 

 

Things we’d love you to do after purchasing on our Website 

We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels. 

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at connect@reclaimher.com 

 

OTHER MATTERS YOU SHOULD BE AWARE OF 

We may change information on our Website and store 

Except as required by law, we may at any time, and without prior notice to you: 

  • change and update information including shipping charges, delivery times, availability and promotions; 
  • change prices or descriptions of our Products; 
  • change our range of Products, or discontinue Products and/or 
  • cancel orders if information is inaccurate. 

 

We make deliveries at your option and your cost 

We deliver Products purchased through our Website to the areas that are published on our Website. We will process your delivery upon receipt of payment and send your Products via Australia Post or a reputable courier company. Delivery times will depend on your selected delivery option. Any international customers are responsible for any custom and import duties. You agree to accept the risk in the Products from the time of delivery, whether you are there to receive the Products in person or not. 

 

We comply with the Australian Consumer Law 

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. 

Except as required by law, we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with manufacturers and our instructions, where you fail to take reasonable care, or where you fail to provide us with adequate information. 

 

If we need to cancel your order, we will provide a refund 

Except as required by law, all sales for our Products are non-transferable and non-refundable. On occasion we may cancel an order for a Product where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a replacement or substitution product or refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors without permission. We do not provide refunds except as required under the Australian Consumer Law. 

 

We can refuse to serve you and sell Products at any time 

We may refuse to provide Products to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our Website and Services and ban your purchase of any Products. We can also change, suspend or stop providing Products at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop selling our Products, or stop any services. 

 

LIABILITY AND INDEMNITY  

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, or your use or misuse of any Product. 

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: – 

  • the replacement of the products or the supply of equivalent products; or 
  • the payment of the cost of replacing the products or of acquiring equivalent products. 

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for. 

 You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement. 

 

IF THERE IS A DISPUTE  

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs. 

 

OTHER  

This Agreement is to be construed in accordance with the laws of QLD, Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement. 

 

DEFINITIONS  

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).  
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.  
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.  

Products means any product available through our Website, and includes any oracle cards with guidance book, pendulums, smudge sticks, crystals, essential oil sprays, books, jewellery, candles, herbal teas, yoni eggs, crystal glass water bottles. 
We, us, or our means Reclaim Her Pty Ltd ATF Heart Sistas Trust [ABN 23651388126] and includes any of our directors, officers, employees, agents, partners, and contractors. 
Website and Services means https://reclaimher.com/, and everything available on this website including, but not limited to, all Products and any services. 

 

TERMS OF SERVICE FOR OUR ONLINE PROGRAM  

These Terms of Service (“Terms”) apply to all clients, or all potential clients of Reclaim Her  [ABN 23651388126] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our Website and Services form an Agreement with us (“Agreement”). “You” could be any client of ours. 

 

ONLINE PROGRAMS WE WILL PROVIDE 

 

Our Online Programs teach you about personal development and also inspire you to take control of your life and makes changes to reach your goals. We will also help you in developing a connection with your intuition. We provide various Materials to help you during the Online Program. We also have group sessions.  

 

BEFORE PURCHASE 

Things you must do before purchasing Online Programs on our Website 

You must: 

  • be 18 years old or have parental consent; 
  • provide complete and accurate information to us, and promptly inform us of any updates to your information; and 
  • ensure you have adequate technology set up and internet access to participate in the Online Program. We use Facebook, Kajabi and Zoom Video Conferencing.  

 

You represent and warrant that: 

  • you are in good physical and mental health;  
  • you are not being treated for any injuries or conditions, or if you are, you have a letter of consent from the relevant practitioner to participate; and 
  • you will notify us immediately if your health status changes in any way. 

 

Acknowledgements you make when purchasing on our Website 

You acknowledge and agree that:  

  • we cannot take into account your personal situation or your personal goals or objectives when providing the Online Program. The Materials are general in nature, and we cannot guarantee that your desired outcome will be met as everybody’s circumstances, needs and expectations vary; 
  • personal development can be very subjective, and what may be pleasing to some may not for others. Whilst we will try to work and accommodate participants, we cannot always please everyone. Some sessions can be emotionally and personally challenging; there maybe strong language used, and discussions can be confronting; 
  • participation in the Online Program is voluntary and is always at your sole risk. You are responsible at all times for your safety and wellbeing. We are not an emergency service, and are not your doctor, counsellor, psychologist, psychiatrist, or other health professional. You must always seek proper advice from a professional regarding any diagnosis, assessment or treatment. We are not liable for any Loss or damage suffered in connection with your participation in any Online Program or reliance on any health or medical “advice”.  

 

You further acknowledge and agree that there may be: 

  • occasional errors or omissions in Online Program descriptions, prices, availability and promotions; 
  • some Online Programs with limited places, and some that are limited to certain regions or groups of people; and 
  • technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software. 

Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Online Programs. We also cannot guarantee the results of the Online Program as they are dependent on your learning, actions and implementation. 

 

You also acknowledge that we may make recommendations of suppliers for various products or services during our Online Programs. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.  

 

Payments 

You must:  

  • pay for the Online Program via the published payment methods available; 
  • make the deposit or full payment as required by us prior to commencement of the Online Program as your place cannot be reserved or confirmed until payment is received; and 
  • have any special offer coupons ready as they must be used at the of purchase to apply; they cannot be applied retrospectively. 

 

You also agree to pay any applicable currency conversion fees, or financial service provider fees where relevant. Where payments are made in instalments, you authorise us to deduct all accrued and outstanding fees from your credit card or debit card provided. You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.  

 

AFTER PURCHASE 

Things you must do after purchasing on our Website 

You must: 

  • maintain the confidentiality of your login and password for your account; 
  • not allow other people to use the Materials or your account;  
  • contact us by email at if you have any difficulty downloading any Materials; 
  • not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way; 
  • contact us by email at if you have any issues with the Online Program and require a refund; 
  • seek our prior written consent before any publication of information about us; and  
  • in the case of a dispute keep all communications confidential. 

 

We have group sessions where you can be part of our community but please follow our rules 

We encourage you to engage with us and other participants during the Online Program, however, you must comply with our rules at all times.  

 

You must respect the other participants in the Online Program and not be disruptive in any way. We may exclude you from any group sessions or events where you become disruptive or disrespectful in any way. You must not directly contact other participants unless you have their express consent. Any further interactions with other participants are conducted at your sole risk. 

 

Acknowledgements you make in relation to privacy and confidentiality 

During the group sessions you may share sensitive, personal, and private information (“Confidential Information”), or others may share similar information. 

You acknowledge and agree to keep all information confidential, and not to disclose any information outside the group. You must not record any group sessions.   

We will not disclose any Confidential Information, except where it is required by law. For more information on the circumstances where we disclose personal information, please see our Privacy Policy here 

Unfortunately, whilst we encourage confidential communications, we cannot guarantee that delivery of our Online Program and any Materials will be secure, and we cannot guarantee your privacy or confidentiality when accessing online technology.  

 

Posting rules 

You must not post any of the following, which is determined at our discretion:  

  • any inappropriate or offensive, threatening or abusive content;  
  • any immoral content, including but not limited to, anything pornographic or obscene;  
  • any illegal content, including any content which is defamatory;  
  • anything that breaches the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy; or 
  • any content that impersonates any other person or misleads us or third parties as to the origin of your posts. 

You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third-party posts. Where posts do not comply with our rules, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. By making posts in our community, you grant us a non-exclusive, worldwide, royalty-free perpetual irrevocable licence to use the posts for any purpose, and you waive any Moral Rights in those posts.  

 

Acknowledgement you make in relation to emergencies and crisis situations 

You acknowledge and agree that we are not paramedics or emergency doctors, crisis counsellors, and are not readily available for these situations. If you are experiencing a crisis, you must contact an emergency service. 

In some circumstances we may need to suspend or even terminate a group session where a participant is experiencing a crisis. Where we see any risk to a participant’s safety, we will immediately terminate the session. In this event, we will reschedule the groups session to another reasonable time.  In the event that you experience a crisis during the duration of the Online Program or during a session, we will refer you to appropriate service and you agree to seek assistance immediately.  

Acknowledgement you make in relation to online events 

You acknowledge and agree that we may make recordings of online events that you participate in. These recordings may be audio, video or still photographs, and may be used by us for marketing or information purposes. Your participation in the online event is subject to you granting us the copyright in all recordings to use, reuse and publish the recordings where you may be depicted or included, in whole or in part, in composite or distorted in character or form, without restriction as to changes from time to time, in any media now or developed in future. You waive all rights to approve of the finished recordings.  

 

Your commitment to the Online Program 

To get the most benefit out of our Online Program, you should:  

  • attend all sessions; and 
  • make a commitment to yourself to participate fully. 

You acknowledge and agree that you are solely responsible for your own success and outcomes during the Online Program.  

 

Things we’d love you to do after purchasing on our Website 

We’d love you to provide us with any photos, videos, testimonials and/or case studies so we can use  them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.  

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at connect@reclaimher.com. 

 

OTHER MATTERS YOU SHOULD BE AWARE OF 

We may change information on our Website and store 

Except as required by law, we may at any time, and without prior notice to you: 

  • change and update information including availability and promotions; 
  • change prices or descriptions of our Online Programs; and 
  • change our range of Online Programs or discontinue an Online Program. 

 

We comply with the Australian Consumer Law 
Our Online Programs come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: 

  • to cancel this Agreement with us; and 
  • to a refund for the unused portion, or to compensation for its reduced value. 

 

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. 

Except as required by law we do not warrant the quality of the Online Programs or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer partake in part or all of an Online Program, or where you fail to comply with our instructions. 

 

If we need to cancel your order, we will provide a refund 

Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel an Online Program where we are no longer able to provide it. In these or similar circumstances where we have to cancel the whole program, we will provide you with a full refund. Despite our reasonable endeavours, on occasion we may also need to change times or dates of program sessions at short notice or even cancel parts of an Online Program. We will notify you as soon as possible of any changes. We do not provide refunds except as required under the Australian Consumer Law. 

 

We can refuse your participation in our Online Programs at any time 

We may refuse to provide our Online Programs to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our Website and Services, any account and disable your ability to purchase of our Online Programs. We can also change, suspend or stop providing Online Programs at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Online Programs. 

 

INTELLECTUAL PROPERTY 

All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use our Materials for your personal use only. This licence to use our Materials in relation to the Online Programs is for the duration of the Online Program only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at connect@reclaimher.com to seek consent. 

 

RELIANCE ON ADVICE DISCLAIMER 

Sometimes information we provide may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current. 

 

LIABILITY AND INDEMNITY  

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Online Programs purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Online Programs, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, our recording of any events, and changes to dates and times of Online Programs. 

 

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:- 

  • the replacement of the Online Program or the supply of equivalent services; or 
  • the payment of acquiring an equivalent Online Program. 

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Online Program you have paid for. 

 

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights. 

 

FORCE MAJEURE 

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent to which our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.  

 

IF THERE IS A DISPUTE  

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs. 

 

OTHER  

This Agreement is to be construed in accordance with the laws of QLD, Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our Website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement. 

 

DEFINITIONS  

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.  
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.  
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.  
Force Majeure Event means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods, war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failures, changes to regulations, weather events, travel limitations, venue closures.  

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.  

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.  
Materials means any of our Materials and any and all online program and program materials, and anything provided to you during the program. 
Moral Rights means any moral rights as defined under the Copyright Act 1968. 
Online Program means Reignite your Light and any other program we run from time to time and includes all Materials.  
We, us, or our means Reclaim Her Pty Ltd ATF Heart Sistas Trust [ABN 23651388126 ] t/as Reclaim Her and includes any of our directors, officers, employees, agents, partners, contractors.  
Website and Services means https://reclaimher.com/, and everything available on this website including, but not limited to, all Online Programs. 

 

 

TERMS FOR RETREAT FOR PARTICIPANTS 

  

These Terms for Retreats apply to all participants of the Retreat run by Reclaim Her  [ABN 23651388126]. These Terms for Retreat together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any participant at a Retreat of ours.  When booking a Retreat through our Website you agree to these Terms and any further terms set by our Third Party Partners (if applicable). 

 

BOOKINGS 

All Retreat participants who are under the age of 18 you must be accompanied by your parent or guardian. Parents and guardians are responsible for ensuring their minors comply with conduct rules as set out in this Agreement and other obligations.  

 

To book in for a Retreat you must provide us with various information. Any personal information is used subject to our Privacy Policy. You must complete our Booking Form online and agree to these Terms. We reserve the right to refuse to accept bookings at our absolute discretion without stating the reason for doing so. Once you have received your Booking Invoice please check this carefully. If any of the information contained within the Booking Invoice is incorrect or incomplete, please notify us immediately in writing as it may not be possible to make later changes to it. To confirm your Booking you must pay the non-refundable deposit as set out in the Booking Invoice.  Your booking is not confirmed until we receive payment and you have received confirmation from us.  

  

INSURANCES 

We strongly recommend you take out comprehensive travel insurance, at the time of booking as we are not liable for any Loss or Damage. Taking part in some of the activities at the Retreat can be high-risk activities and can involve personal injury or death.  

 

SPECIAL REQUESTS, AND HEALTH INFORMATION MUST BE PROVIDED AT BOOKING 

Special requests must be made at the time of booking. We cannot guarantee that the request will be met and any failure to do so will not be a breach of these Terms or the Third Party Partner. Confirmation that a request has been made will be included on your Booking Invoice or upon the acknowledgement of booking. We are unable to accept bookings which are conditional upon a special request being met and these will be treated by us as a standard booking. If your special request is not made at time of booking, we may not be able to cater for you, and your booking may be cancelled at our sole discretion.  

 

You must provide us with full details of any existing medical condition or disability that may affect you at the Retreat (including, in particular, any accommodation requirements) at the time of your booking. If in our reasonable opinion we cannot cater for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. 

 

INFORMATION ON OUR WEBSITE 

All our prices for Retreats are published on our website. We may change prices for Retreats without notice to you, unless you have made a deposit. We may discount or offer free tickets to Retreats from time to time. We may also discontinue any unbooked Retreats at any time.  

 

We may change our range of Retreats at any time without notice to you. We are not liable for any price changes, other changes, or any discontinued Retreats. 

  

The descriptions of Retreats may also change without notice to you. There may on occasion be errors or omissions in descriptions or prices, times, and availability and promotions. We may, but are not obliged to, correct any errors or omissions or change and update information or cancel Retreats if information is inaccurate at any time. 

 

TRAVELLING TO THE RETREAT 

We are not responsible for how you arrive at the starting point or Retreat location. We will provide information regarding how to get there, however it is your responsibility to research and make your own travel arrangements.  

 

With your permission we will connect you with other guests joining your Retreat, to see if you can arrange your travel together. You take full responsibility for your own travel plans.  

  

YOUR OBLIGATIONS AND CONDUCT RULES 

By making a Deposit or payment for the Retreat, you agree to provide us with various information including but not limited to your account details (“information”). You represent and warrant that: 

  • all information you provide is true, correct, current and up to date; 
  • you will respond promptly to any of our requests for further information. 

In the Retreat that we find that any information is not true, correct or current, we may, at our sole discretion, immediately terminate your account and ban you or remove you from our Retreats. 

  

You must conduct yourself appropriately at our Retreats. If you engage in any of the following, we may, at our sole discretion prohibit your entry or revoke your permission to attend our Retreats. 

  • any inappropriate or offensive conduct including but not limited to, any insults or profanity, conduct that is religiously, racially, or sexually offensive, or threatening or abusive; 
  • any illegal conduct including, but not limited to, anything defamatory; 
  • any immoral conduct including but not limited to, anything pornographic or obscene;  
  • any conduct that impersonates any other person or misleads other attendees; 
  • any dangerous conduct; 
  • any overly inebriated conduct or intoxication where you are being disruptive; or 
  • any photography or video of the Retreat except with our express permission. 

 

You further accept all liability for any Loss or Damage caused by you or any member of your party during the Retreat, including, but not limited to any property damage to equipment. Payment for any loss or damage must be made to us or our Third-Party Partner at the time that it occurs or as soon as is reasonably practicable thereafter. If the cost is not known at the time, we will reasonably estimate it and if this reasonable estimate exceeds the amount paid, you must pay the difference once known, and if it is less, the difference will be refunded to you.  

 

Retreat Leaders 

Our Retreats are run by a leader. The decision of the leader is final on all matters relating to safety or wellbeing and conduct of any participant on the Retreat. Where you fail to comply with a decision made by a leader or interfere with the wellbeing or mobility of the leader, they may direct you to leave the Retreat immediately, without refund. We may also, at our sole discretion, choose not to permit your future participation on a further Retreat.  

 

We will also require you to sign a disclaimer in relation to various Third Party activities. We may also ask you to take a Rapid Antigen Test before arriving at the Retreat to ensure the safety of all attending. 

 

If you consider that someone is breaching the conduct rules, please notify the host immediately so that we can address the issue immediately. 

   

PAYMENT TERMS 

You agree that you will pay us for the Retreat in advance via direct bank transfer or other methods of payment available on our website. We also charge you any transaction fees or fees incurred by financial providers. Please properly check what is included and not included in your Retreat fees on our website. For example, sometimes accommodation will not be included, and you will be responsible for organising and booking travel and accommodation.  

  

All sales are non-refundable except as outlined below. If you choose to pay in instalments, we will debit equal payments from your credit card at equal intervals. If the payment cannot be processed, you will be contacted to arrange an alternate payment method. The full payment must be received by us 30 days prior to the Retreat, or we will not permit your admission. Your ticket/place in the Retreat cannot be reserved or confirmed until payment has been received. 

By choosing to pay in instalments you allow us to debit the fees from your card without any further action required. You also agree that the amount of each instalment will vary as according to number of days before the last date to receive payment.  

   

You are responsible for making all payments due to us under your booking. All party members named within the booking are jointly and severally liable for all payments due under the booking. 

 

REFUNDS, TRANSFERS 

Any transfers to other Retreats are at our sole discretion and are subject to numbers and availability. We may allow you to transfer your tickets to another participant of Reclaim Her. 

 

To the extent permitted by law, any refunds are at our absolute discretion. We do not provide refunds for your change of mind, or not attending or where you failed to provide us with adequate information.  

 

CANCELLATIONS 

We hope you do not need to cancel your participation at the Retreat, however, if cancellation takes place the following will apply. 

 

Cancellation of a booking by you must be made in writing. It is up to you to cancel your booking. We will not regard a booking as cancelled unless and until written notice is received by us.  

 

On cancellation the following charges will apply: 

  • More than 30 days’ notice before the Retreat starting date, there is no charge. You will receive a refund minus a $100 administrative fee. 
  • 30 days or less before the scheduled Retreat the full fee will be charged (100%) unless you transfer to another participant of Reclaim Her. 

Please be aware that if you cancel once the Retreat commences or you do not attend, you forfeit all fees.  

Late arrival may also result in a forfeited fee. We may reduce, transfer or waive the loss of fee for any reason at our sole discretion. 

 

However, in case of Covid, cancellations received in writing to Reclaim Her will be accepted and all fees refunded where there have been any travel restrictions imposed by State or Commonwealth governments impacting your ability to travel to the Retreat. This includes those who are: 

  • Restricted from travelling due to health and/or Government advice relating to COVID-19; 
  • Under Government direction to self-isolate; or 
  • Themselves, or have a family member, sick with COVID-19. 

 

MINIMUM RETREAT NUMBERS 

Some Retreats will be subject to a minimum group size in order to run, and therefore occasionally have to be cancelled if this is the case we will inform you as soon as possible.  

 

We are not liable for any Loss or Damage if the minimum size is not met, and we need to cancel the Retreat.  

 

CANCELLATIONS FOR WEATHER OR OTHER REASONS PRIOR TO EVENT 

In the event of adverse weather conditions, we reserve the right to change, alter or cancel the Retreat in the interests of safety. We will inform you if we need to cancel a Retreat due to the weather. If weather conditions cause us to cancel the Retreat, we will seek to reschedule or and credit you if you cannot make the rescheduled date. Refunds will be given at our sole discretion.  

 

If you decide not to attend or participate in the Retreat due to weather (and we have not cancelled) no refund will be given.  

 

If we cancel the Retreat for any other reason (including, park closures, illness of the instructor etc.) you will be given a credit transfer for a future date.  

 

CHANGES TO ITINERARY, TIMES/ DATES OR VENUES 

You acknowledge and agree that the itinerary we provide is representative only of the types of activities and routes and schedule, amenities and transport during the Retreat, but are subject to alteration due to local circumstances without prior notice. This is because we rely on the cooperation of Third Party Providers, and suitable, safe conditions. The itinerary may be changed at our sole discretion.  

 

Despite our reasonable endeavours, on occasion we may also need to change venues, or dates at short notice. We will notify you as soon as possible of any major changes to the Retreat. In these circumstances we offer a transfer to another Retreat if the new venue or dates are inconvenient to you. We do not provide refunds except as required under the Australian Consumer Law. 

  

AUSTRALIAN CONSUMER LAW 

Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a service, you are entitled to: cancel your service contract with us and to a refund of the unused portion, or to compensation for it’s reduced value. 

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. 

  

INTELLECTUAL PROPERTY 

We own or have a license to use all Intellectual Property Rights in any Materials we may provide you throughout the Retreat. You must not use any Materials for any purpose other than your sole personal use. Any Materials we provide you must not be reproduced or resold without our prior written permission which will be given at our absolute discretion and will be the subject of license fees. 

 

TERMINATION 

We may refuse permission for you to attend the Retreat, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate this Agreement. We can also stop offering our Retreats at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Retreats. 

   

FORCE MAJEURE 

If we cannot perform an obligation under this Agreement because of a Force Majeure Event, we are excused from such performance. We are not liable for any delay or failure to perform our obligations due to a Force Majeure Event.  

 

LIABILITY AND INDEMNITY  

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your attendance at a Retreat including, but not limited to, any errors or omissions in any website content, price changes or cancelled Retreats, changes to the venue, dates and times, and any interruptions, or other changes to a Retreat, or any travelling to or from a Retreat, or any meetings with other members of the Retreat. 

  

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:- 

  • the supply of equivalent services eg a ticket at an alternative Retreat; or 
  • the payment of the cost of your Retreat. 

In any case, our liability to you will not exceed the amount actually paid by you to us. 

  

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including the conduct rules, where you provide incorrect personal information, where you leave during a Retreat, any disclosure of your personal information, and any further meetings or communications with attendees of a Retreat. You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with the act or omission of any Third Party.  

  

IF THERE IS A DISPUTE 

If at any time our Retreats are not reasonably acceptable to you or we disagree on the quality of the Retreat you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns. 

  

If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim. 

  

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs. 

  

OTHER 

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the Retreat of an inconsistency between these Terms for Retreats and other terms and conditions on our website, these Terms for Retreats prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the Retreat that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement. 

  

DEFINITIONS 

Agreement means these Terms for Retreats, and all other terms and conditions and policies published or linked to on our website. 

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs. 

Force Majeure Event means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures. 

Intellectual Property Rights means all trademark, copyright, design rights, patents, trade secrets, confidential information and all other intellectual property rights whether registered or unregistered. 

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.  

Retreats means any Retreats, multi-day or overnight Retreats offered by us. 

Third Party Partners means any venue or provider of products and services during the Retreat.  

We, us, or our means Reclaim Her Pty Ltd ATF Heart Sistas Trust [ABN 23651388126 ] t/as Reclaim Her and includes any of our employees, agents, partners, contractors. 

Website and services means https://reclaimher.com/, and everything available on this website including, but not limited to, all products, services and socials.