'Business Retreat'  Terms and Conditions

 

 

RETREAT TERMS & CONDITIONS 

These are the terms and conditions that apply to the business retreat offered by Kirsty Gibbs ABN 30057116596, trading as KIRSTY GIBBS (‘KIRSTY GIBBS ‘we’, ‘our’, or ‘us’).

These terms and conditions are to be read together with our services agreement and any other formal written agreements between us. These documents together form our entire agreement.

These terms and conditions will become binding once you agree to proceed with a program, use a program or make any payment for a program.

Please read these Terms and Conditions (‘Terms’) carefully before you purchase or otherwise sign up to our 'BUSINESS RETREAT’. 

 

By signing up for the retreat, you: 

  1. acknowledge that you have read, and agree to comply with and be legally bound by, these Terms; and 
  1. warrant that you are over 18 years of age and have the legal capacity to enter into a binding contract. 

 

We reserve the right to modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. 

By purchasing a spot in this retreat, you are deemed to accept any future amendments to these Terms. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.  

 

RETREAT CANCELLATIONS AND CHANGES

a) Where circumstances beyond our control (like Covid restrictions), you will be entitled to receive 50% of your full Retreat Fee.

 b) If you are unable to attend the retreat, but the retreat still goes ahead, you may transfer your spot to someone else in the Tutoring Growth Membership.

c) There are no refunds.  We do not provide refunds simply because your situation has changed or you have changed your mind. 

 

 

RETREAT PRICES

Retreat Fees are payable in full upfront or monthly on a 3-month payment plan.

Payment Plan: You authorise us to automatically charge the card on file at the start of each billing period for the three months and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, you must provide a new eligible method of payment immediately. You will be liable for all outstanding payments, including any costs incurred by us trying to recoup the outstanding Retreat Fees such as debt collection agency costs, including any legal costs on any Retreat Fees that remain outstanding. 

 

 RETREAT INCLUSIONS

During your time on the Business Retreat, you will get:

  • all meals included
  • all activities/workshops included (these vary per event and some may be surprise inclusions)
  • accommodation for the duration of the retreat
  • networking and masterminding with other women in business

 

 COMPLAINTS 

We are committed to your enjoyment of and satisfaction with the Retreat. Should you have any concerns or be dissatisfied in any way, please email us at [email protected] or contact us via our Contact Form www.kirstygibbs.com and include: 

  1. your name; 
  2. the email address you used to apply for the Retreat; 
  3. details of your concern or complaint; 
  4. details of what you would like us to do to resolve the matter; and  
  5. copies of any relevant correspondence. 

 

We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly. 

 

You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media. 

 

Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located. 

 

INTELLECTUAL PROPERTY RIGHTS 

As part of the Retreat, you will have access to certain materials, including programs, workbooks, forms, templates, precedents, digital products and other content (‘Materials’). We retain ownership of all Intellectual Property Rights (including copyright) in the Retreat and the Materials. 

 

To the extent required for participation in the Retreat, you are granted a non-exclusive, non-transferable, single-use, limited licence to access and use the Materials for your own personal use, and you agree not to: 

  • modify the Materials;  
  • copy or share the Materials or in any way cause or allow them to be copied or shared;  
  • sublicense, publish, sell, or provide the Materials to, or otherwise allow them to be used by, third parties. 

 

Your use of the Materials may also be subject to our Site Terms and Conditions and Privacy Policy. 

 

If you infringe our Intellectual Property Rights, we reserve the right to terminate your access to all Materials without refund and pursue legal remedies.  

 

 

RETREAT PROMOTION 

Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion. 

 

You acknowledge that part of our Retreat may include recording (in audio and/or video format) your participation in the Retreat, where you may feature prominently. These recordings are both for the purposes of improving future events and for us to use in our promotional material to market the Retreat. You consent to our use of these recordings without restriction, including but not limited to our ability to modify, publish, reproduce or distribute them at our discretion. 

 

 

 CONFIDENTIALITY 

You agree to respect our privacy and confidential information, which includes information relating to ours business, finances, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, along with our intellectual property and other information relating to trade secrets, know-how, systems and processes. Accordingly, unless you have our prior written consent, you will keep any information we choose to share confidential. This also applies to the privacy and confidential information of other Retreat Attendees. We will not disclose any information you provide except as set out in these Terms.  

 

However, these obligations of confidentiality do not apply to any disclosure that: 

  1. is for the purpose of performing the Terms or exercising a party’s right under the Terms; 
  2. is required by Applicable Law; or 
  3. relates to Confidential Information that is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction or breach of any obligation of confidence. 

 

PROHIBITED USE 

 

In addition to any other prohibitions, you must not under any circumstances access or otherwise use the Retreat or its content:  

  1. for any unlawful purpose;  
  2. if you or your business in any way competes with our business; 
  3. to solicit others to perform or participate in any unlawful acts;  
  4. to violate any international, federal, or state regulations, rules, laws, or local ordinances;  
  5. to attempt to change, remove, or otherwise interfere with the Retreat or any of its Materials;  
  6. to infringe upon any other person's proprietary rights; or 
  7. to send any unsolicited advertising or promotional material, commonly referred to as 'spam'. 

 

WARRANTIES AND INDEMNITIES 

We provide the Retreat and its content on an ‘as is’ basis, and do not guarantee any specific results from your participation. Your experience will depend on your own commitment, motivation and intent to follow through. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible.  

 

You agree that you engage in the Retreat at your own risk. 

 

Except as expressly permitted by law, we cannot be held liable for: 

  1. any loss or damage that you may suffer as a result of your participation; 
  2. your inability to participate in the Retreat for any reason; 
  3. the statements or conduct of any third party; or 
  4. your reliance on the suggestions or recommendations of any third party or previous Retreat participant. 

 

You agree to indemnify us against any loss or damage, including legal costs, related to your breach of these Terms.  

 

INFORMATION AND ADVICE 

 
Any content or information provided at the Retreat is of a general nature only and does not constitute professional advice. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide through the Retreat. No part of the Retreat is a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional.  

 

PRIVACY POLICY 

When you apply to take part in the Retreat, and during your participation, you may be required to provide us with certain personal information (such as contact details) and sensitive information (such as information about your health or finances). 

 

Your privacy is extremely important to us. We will only use your personal information in order to provide you with the Retreat Entitlements and to communicate with you about the Retreat. Where you wish to withdraw your consent from email communications, you may simply unsubscribe. Your information will be dealt with in accordance with our Privacy Policy, which is accessible here https://www.kirstygibbs.com/privacypolicy  

 

ELECTRONIC SIGNATURE 

These Terms will become binding when you agree to these Terms, including by clicking 'I consent' or 'I agree' or similar, or by purchasing and/or commencing the Membership. 

 

VALIDITY 

Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.  

 

ASSIGNMENT 

You cannot assign these Terms, or otherwise deal with the benefit of them or any rights under them, without our prior written consent. We reserve the right to assign or novate the Terms, or otherwise deal with the benefit of them or rights under them, without your consent. 

 

ENTIRE AGREEMENT 

These Terms constitute our entire agreement with you about the Retreat and supersede all previous agreements, understandings and negotiations. 

 

GOVERNING LAW AND JURISDICTION 

The performance and enforcement of these Terms will accord with the laws in force in the State or Territory in Australia where we are located as indicated on our Site. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.