Terms & Conditions | Pure Greene

Pure Greene - Retreats & Events Terms & Conditions

YOUR ACCEPTANCE OF TERMS AND CONDITIONS

The website www.puregreene.com.au and the Pure Greene Retreats, Events, and associated materials are owned and operated by NIRV Pty Ltd (ABN 13 089 377 319) (T/A Pure Greene). Any reference to “we”, “us” and “our” in these Terms and Conditions refers to Pure Greene.

The following terms, together with any other additional terms and conditions provided throughout the Website, Retreat Registration Pages, or otherwise form the Terms and Conditions for your use, participation, and attendance at the relevant Retreat.

Please carefully read these Terms and Conditions before you register for participation and attendance at a Retreat. In using and continuing to use the Website, the registration process and in participating and attending the Retreat you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must not continue to use the Website, register nor attend, or participate directly or indirectly in respect of the Retreat.

We may revise these Terms and Conditions from time to time. The revised Terms and Conditions will take effect upon notice thereof, which may be provided to you by posting on the Website, via e-mail, or any other means.

REGISTRATION AND PAYMENTS

You agree that all commercial terms regarding the Retreat shall be noted in the applicable Pure Greene page and Retreat pages. For clarity, with respect to your registration for such Retreats, the following additional terms shall apply thereto:

All rates are per individual unless stated otherwise.
All prices are subject to change. Prior sales excluded.
Pure Greene reserves the right to change or alter any price, package, or offering at any time without prior notice.
All rates are subject to any and all applicable local, state, withholding, and other taxes and/or hotel or venue fees, as applicable.

100% of the total sums due in respect of your registration must be paid upon your valid registration. Confirmation of payment and registration in respect of the Retreat will be sent to you via your provided email address.

To avoid any doubt, you shall be solely responsible for your travel in respect of the Retreat. Accordingly, Pure Greene takes no responsibility in this respect.

ATTENDANCE AND PARTICIPATION

You hereby warrant, represent, and agree that you will always abide by and maintain reasonable, proper and professional standards of action and interaction with Pure Greene, the Retreat, Associated Parties and all third parties attending the Retreat. To this end, you agree to never harm, harass, discriminate, bully or otherwise inflict pain or stress upon any such person prior to, during or after your attendance at the Retreat.

To avoid any doubt, Pure Greene and its Related Parties hereby reserve the right to cancel, void or vacate your person from any Retreat location at its sole discretion upon which you shall not be entitled to any compensation or recourse therefrom.

RIGHT OF REFUSAL

Pure Greene hereby reserves the right to refuse a sale, reject a sale, deny admission or remove from a Retreat, any person for any reason, including, but not limited to, any harm or potential harm that person might cause, violation of the law, threats, disorderly behaviour, failure to make timely payment, illegal activity, or for any other reason that is not prohibited by law.

TRAVEL INSURANCE

Pure Greene recommends all Retreat participants to have an active comprehensive Travel Insurance Policy that covers for Retreat activities & cancellations within Australia. Any international retreat, travel insurance is a compulsory requirement.

CANCELLATIONS

As we commit to our venues and service providers well in advance, all payments and deposits are final and non-refundable unless otherwise provided for under applicable Consumer Protection legislation. Accordingly, no amount shall be refunded to you upon your cancelation of registration of the Retreat.

Notwithstanding the above, in the event that you cannot make your retreat date, you will have the opportunity to transfer your registration in respect of a Retreat to a future Retreat date (within 12 months of your existing booking) or to a third party for a transfer fee of the following amounts:

For all Retreat Bookings: AU$300 per person

Transferring your booking to a future Retreat date must be made by you at a date that is no less than 28 days from your scheduled Retreat date and this option is only applicable if there is availability at a future retreat within 12 months of your existing booking which is at the value of your existing booking or less.

Transferring your booking to a third party must be made by you at a date that is no less than 14 days from your scheduled Retreat date.

If you are unwell and unable to attend your retreat at short notice, we require you to provide us a doctors certificate which states that you are unable to attend the Retreat, which you can send to michelle@puergreene.com.au. In the instance of being unwell, we will transfer your booking to a future retreat date within 12 months of your existing booking, with the above transfer fees being applicable.

If for any reason a Retreat is unable to go ahead due to a force majeure event, we will give you the option to transfer your booking to a future date.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property in relation to the Retreats (whether taught to you or otherwise) and the content provided to you (including proprietary information, strategies, diagrams, text, data, compilations, databanks, graphs, speeches) (“Intellectual Property”) belongs to Pure Greene or its licensors or affiliates.

You shall be entitled to utilise the Intellectual Property for your own private career or health purposes only and you shall not be entitled to at any time, use such Intellectual Property for commercial gain without the express approval of Pure Greene.

To avoid doubt, you may not use any of Pure Greene’s or Related Parties’ (defined below) trademarks, brands, designs, or goodwill in any manner without the prior express approval of Pure Greene.

CONTENT RELEASE

During your attendance and participation at the Retreat, Pure Greene and its Related Parties shall be entitled to video and photograph you and your requisite participation.

Accordingly, Pure Greene reserves the right to take, create, produce, alter, publish, stream, reproduce, communicate, and otherwise exploit any and all photos and videos use photos and videos taken prior to, during, or after the Retreat provided such content is related to the Retreat or Pure Greene, including photos that include the images of any attendees and to use such photos for promotional and marketing purposes (“Content”).

You hereby, accordingly, agree to release my name, likeness, and/or image to Pure Greene without compensation. Further, you hereby consent to Pure Greene’s proposed use of the Content and waive any moral rights you may have to the Content.

Accordingly, to avoid any doubt, you agree that Pure Greene is the sole owner of the copyright and underlying rights that subsist in the Content or parts thereof and Pure Greene reserves all rights regarding reproduction of said photograph.

To avoid any doubt, you must not take photos or otherwise reproduce any Intellectual Property, including but not limited to slides, images, or other content that is displayed or provided to you at the Retreats, and share such materials with third parties via online or other media. Note, you are entitled to share photos and content of you participating in the Retreats, however, such content must not include any such Pure Greene Intellectual Property.

WARRANTIES AND INDEMNITIES

You warrant to Pure Greene that:

you are legally capable of entering into binding contracts;
you have full authority, power, and capacity to agree to these Terms and Conditions; and
the information provided in your order is accurate and complete.

To the fullest extent permitted by law, in no event will Pure Greene, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, venues, sponsors contractors, or licensors (“Related Parties”) be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Website and/or Services; or (3) aggregate liability for all claims relating to the Website, registration process, the Retreats or ancillary circumstances and situations related to the Retreats no more than the purchase price of attendance paid by you to Pure Greene in respect of the relevant Retreats, to the extent permissible by applicable law.

Nothing herein removes or limits Pure Greene’s liability against you for fraud, fraudulent misrepresentation, breach of these Terms and Conditions, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

You agree to defend, indemnify, and hold harmless Pure Greene or its Related Parties from and against all claims, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use and interaction with Website, registration process, the Retreats or ancillary circumstances and situations related to the Retreats or resulting from, or alleged to result from, your interaction with the Website, registration process, the Retreats or ancillary circumstances and situations related to the Retreats, a breach of your representations and warranties or your violation of any of these Terms and Conditions.

GENERAL LIABILITY RELEASE

You hereby release Pure Greene, its employees, volunteers, directors, agents, suppliers, related companies, partners, venues, sponsors, advertisers, and all associated entities (“Associated Parties”), from any and all claims, liabilities, loss to property, damages, injuries and other liabilities that may arise out of or in connection with your purchase and/or participation in any aspect of the Retreat.

PRIVACY POLICY

In using the Website, you may give us personal information to which you have certain rights including your name, email address, age, occupation, address, telephone number, or in some instances, your financial details. By using the Website, you grant us consent to use your personal information in accordance with our privacy policy and you acknowledge that our privacy policy forms part of these Terms and Conditions.

HOW IS YOUR PERSONAL INFORMATION COLLECTED AND USED?

We only collect your personal information when we need it to provide our services or to comply with the law. The kinds of information that we collect depend on how you interact with us. Here are some examples.

When you engage with us directly (including at public events, via telephone, email, our website, or on social media): The information you provide, such as your name and your contact details (telephone number and/or email address).

You have choices when it comes to the technology you use and the data you share. When we ask you to provide personal data, you can decline. Many of our services and products require some personal data to provide you with the requisite product or service. If you choose not to provide the data necessary to provide you with it, you won’t be entitled to use that product or service. Likewise, where we need to collect personal data by law or to enter into or carry out a contract with you, and you do not provide the data, we will not be able to enter into the contract. We will notify you if this is the case at the time.

FORCE MAJURE

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these Terms and Conditions, those obligations will be suspended for the duration of the force majeure event. In the event a force majeure event renders the Retreat inoperable or unable to occur, Pure Greene will firstly look to re-schedule the Retreat to a further suitable date and location or, if there is no such alternative refund to you 30% of the purchase paid for registration for that particular Retreat, subject to Consumer protection legislation. This 30% refund takes into consideration that Pure Greene commits to its operation well in advance for any venues, service providers, facilitators, and staff which are necessary components for the running of each Retreat.

A force majeure event will include: (a) any event which is beyond our reasonable control; (b) hacker attacks, or virus or other malicious software attacks or infections; (c) problems with the internet, part of the internet, or any third party internet service provider; (d) venue disruptions due to any cause; (e) Event disruptions due to any cause and/or (d) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars affecting the Retreat or your participation and attendance therein.

GENERAL

You may not transfer, assign, charge, sub-license or otherwise deal in any of your rights or obligations arising under these Terms and Conditions. Any attempt by you to do so will be null and void. We may transfer, assign, charge, sub-contract, sub-license or otherwise deal in any or all of our rights or obligations arising hereunder, at any time providing that such action does not serve to reduce the guarantees benefiting you hereunder.

The limitations of warranties and liability hereunder protect all our third-party suppliers and venues.

These Terms and Conditions constitute the entire agreement between us and you in relation to the Retreat and your attendance therein and supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Retreats.

The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration or termination in respect of the Retreats.

If any of these Terms and Conditions are invalid, unenforceable, or illegal, that term will be struck out and the remaining terms will remain in force.

If we do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.