KX Fitness (Vic) Pty Ltd ABN 54 057 851 628 (“We”) operates this website, www.kxretreats.com.au (“Website”) through which users can browse and make bookings for fitness retreats which we have organised (“KX Retreats”).
During the course of a KX Retreat, we may provide fitness, wellness and coaching services (“Services”) in conjunction with local third-party suppliers (“Suppliers”) who may provide a range of other services (“Third Party Services”).
By accessing, viewing or booking KX Retreats on this website, you agree to comply with these terms and conditions (“Terms”).
Any reference to “you” or the “User” includes any person who accesses or uses this Website, makes a booking or participates in a KX Retreat.
1. Nature of Information
Any information provided under this Website, including blog posts, are of a general nature only. You must not rely on any information without first seeking advice that is specific to your individual circumstances.
2. Use of This Website
- Whilst we will use our best endeavours to ensure that this Website is free from viruses, we make no such warranty that it is, and it is your responsibility to ensure that this Website does not expose you to any viruses or other code that is harmful or may cause harm.
- You must only use this Website for lawful purposes, which may include:
- browsing or using this Website; or
- booking a KX Retreat.
- Email addresses, contact forms and any other communication forms that appear on this Website are for professional communications only and must not be used to send unsolicited messages.
- You must not in any way reproduce, publish, communicate or adapt any part of this Website, including these terms and conditions, without our prior written consent. Unless otherwise indicated, we own or license all copyright in this Website and its contents, and reserve all rights in relation to copyright material.
3. Retreat Bookings
- When booking a KX Retreat, you will be required to specify your desired dates and room type. Prices and itineraries for a KX Retreat will be advertised on this Website and are subject to change from time to time. Prices are in Australian dollars and exclude GST unless otherwise stated.
- Prices include accommodation, Services and any other Third Party Services specified on the itinerary or advised by us from time to time. Prices do not include flights, insurance or optional products or services required by you.
- You will be required to pay a non-refundable deposit for the booking (“Deposit”) at the time of making your booking. The Deposit amount is $500.00 and is not refundable except as provided in these Terms.
- You will be required to provide us with certain information (“Information”) at the time of making your booking, including but not limited to your name, age, contact details, passport details and relevant health and fitness information. By providing us with the Information, you represent that the Information is complete, correct and up-to-date. We will not be responsible for any unavailability of Services, Third Party Services, loss or cancellation due to your failure to provide us with correct, complete and up-to-date Information.
- Should any of the Information change, you must let us know as soon as possible.
- When you make a booking and pay the Deposit, you will receive a confirmation email from us. Your booking is not secured until you have paid the Deposit and we have accepted your booking. We may, in our discretion, refuse to accept a booking if the KX Retreat is unavailable for any reason, such as if it is booked out or must be rescheduled for a legitimate reason.
- You are required to pay the balance of the price of the KX Retreat (“Balance”) and return to us a completed and signed participant agreement form (“Participant Agreement Form”) no later than 90 days prior to the start date of the KX Retreat (“Start Date”). Your booking is not confirmed until you have paid for the KX Retreat in full, returned the completed Participant Agreement Form to us, and we have provided confirmation of your Booking.
4. Cancellations by You
- If for any reason you need to cancel your booking, you must send us a notification of your intention to cancel the booking as soon as reasonably practicable. Cancellations will also be deemed where:
- You fail to make payment of a price, for example, the Balance, by the due date required;
- You fail to return and complete the Participant Agreement Form; or
- You miss the KX Retreat.
- Your refund amount will depend on when you notify us of your intention to cancel the booking. If you cancel:
- 90 or more days prior to the Start Date, we will only retain the Deposit amount, and we will refund any Balance paid by you to your original payment method;
- between 60 and 90 days prior to the Start Date, we will refund 75% of the price to you (therefore, you forfeit 25% of the price);
- between 15 and 60 days prior to the Start Date, we will refund 40% of the price to you (therefore, you forfeit 60% of the price); or
- within 14 days of the Start Date, you will not be entitled to any refund.
- We may also issue you with a credit instead of a refund (representing the same amount that you would have been entitled to, if any, for a refund), which may be used towards another KX Retreat or transferred to another person (“Credit”).
- Credits must be used within 2 years of their date of issue to you, can only be used in relation to KX Retreats, and cannot be exchanged or redeemed for cash.
- If a Credit is transferred to another person, the transferee must accept these Terms. The transfer of a Credit does not affect the original Credit expiry date.
- Once the KX Retreat has commenced, we do not offer any Credits or refunds in respect of any Services or Third Party Services not utilised by you for any reason except as provided by clauses 5 and 6.
5. Cancellations by Us
- We may cancel the KX Retreat or any aspect of the KX Retreat (such as Services or Third Party Services) where it is necessary to do so in our reasonable opinion. This may include where the KX Retreat may pose a risk to the health or safety of you or any other person or due to a natural disaster or act of God.
- If we cancel the KX Retreat, you may:
- accept a full Credit to be used towards a future KX Retreat; or
- request a full refund.
- If a Supplier cancels any Third Party Service, or if a Supplier fails to provide the Third Party Service, we may, in our discretion:
- endeavour to provide a similar replacement Third Party Service for the same or similar price, in which case you must accept the replacement product or service;
- provide you with a refund of the Third Party Service (excluding any non-refundable payment paid to the Supplier).
- You acknowledge that the Third Party Services are provided by Suppliers and we are not responsible for any cancellations or failures made by Suppliers.
6. Refund Policy
- In addition to the above, you have a number of rights and consumer guarantees under Australian Consumer Law, including that Services provided by us are fit for purpose, provided with acceptable levels of care and skill, and provided within a reasonable time-period.
- If during your experience of our Services we do not meet the guarantees above, please contact us immediately and provide us with details and evidence (if possible) of the problem.
- If any component of the KX Retreat which was provided by us is confirmed to have a major problem and you have already paid for the KX Retreat, we will refund all or part of the price (as applicable) to your original payment method at your request. The applicable refund amount will be determined by the nature of the problem, the duration of the affected activity or service in relation to the overall KX Retreat, and the degree to which you may have been partially responsible for the problem. Please allow up to 21 days for us to process any refund.
- We do not offer refunds where you insisted on having Services provided in a particular way against our advice, failed to clearly explain your needs to us, simply changed your mind, or were unable to use the Services due to issues outside of our control.
- We do not offer refunds for the breach by Suppliers of any consumer rights or guarantees.
- Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law.
7. Intellectual Property
- All copyright, trademarks, design rights, patents and other intellectual property rights (whether registered or unregistered) in this Website belong to us.
- You must not copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Website to anyone else.
- By using this Website, you must not infringe the copyright, trademarks, design rights, patents and other intellectual property rights or privacy rights of others.
- You agree to indemnify and hold us harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of this Website or your breach of these Terms.
- We may immediately terminate or withhold your access to this Website or to the KX Retreat if you commit a material breach of these Terms.
9. Limitation of Liability
- To the extent permitted by law, we make no warranty or representation about the accuracy, completeness or fitness for any purpose of the contents of this Website. Any condition or warranty regarding this Website that would otherwise be implied (by statute or otherwise) into these terms and conditions is excluded.
- This Website may contain links to external websites. We do not control the content of those websites or endorse them in any way and accept no liability in relation to the quality or accuracy of any content on other websites or of any breaches of law by those other websites.
- To the extent permitted by law, we accept no responsibility and exclude all liability to you on any basis (including negligence) for any loss or damage, however caused, which you may suffer in relation to your use of this Website. Any liability in connection with this Website under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that cannot be excluded is limited to the resupply of the services or the payment of the reasonable cost of same.
- We may, in our absolute discretion, change these Terms from time to time without notice to you.
- Parts of this Website may not be updated regularly and may therefore be out of date.
- If any part of any of these terms and conditions is void, then the part that is void may be severed.
- These terms and conditions, your use of this Website and any dispute arising out of these are governed by the laws of Victoria, Australia.