Terms & Conditions

1. General

1.1 These terms and conditions (Terms) apply when you make a booking to attend a 'Her Best Life' trip organised by GJO Business Pty Ltd (ABN 25 692 836 230) (we, us, our).

1.2 Please read these Terms carefully as they contain important information about payments, cancellations and other details relevant to the Trip. As the person making the booking, you agree to accept and comply with these Terms. You also agree to accept these Terms on behalf of all other persons included in your booking and must ensure that all those other persons included in your booking accept and comply with these Terms.

2. Words Used

2.1 In these Terms, the following words have the following meanings:

(a) Confidential Information means any information, in any form including in writing or verbally, that is of a business and/or personal nature to us, the individual directors of GJO Business Pty Ltd, the organisers of the Trip, guest speakers on the Trip and/or other guests on the Trip;

(b) Force Majeure Event means any event or circumstance that is beyond our reasonable control, whether or not foreseeable, which would make it dangerous, not possible or not viable for the Trip or portion of the Trip to commence or continue, including without limitation, any act of God, natural disaster, fire, flood, storm, epidemic, pandemic, disease or public health alert, war, act of terrorism or other threatened acts of violence, national strikes, public disorder, civil commotion or disturbance, third party delays or problems, unforeseen construction, or local circumstances or events at the place where the Trip is to take place;

(d) Start Date means the first day of the Trip as specified on our Website;

(e) Third Parties mean all third parties who are providing goods and/or services for or in connection with the Trip including without limitation accommodation providers, activity providers, travel providers, instructors, photographers, and guest speakers;

(f) Trip means each trip or retreat organised by us, details of which are included on our Website from time to time;

(g) Trip Price means the price(s) payable for the Trip as set out on our Website;

(h) Website means our website at www.herbestlife.org.

3. Registration of Interest

3.1 We may provide details of our upcoming Trips on our Website before they are open for bookings. If there is an option for you to register your interest to attend any of those Trips, you may do so by completing and submitting the form found on our Website. If you register your interest, we will notify you when the Trip is open for bookings. In order to secure a place on the Trip, you must make a booking and pay the amounts as set out in clause 4. Please note that a registration of interest is not a booking and will not secure a place for you on the Trip.

4. Bookings

4.1 Once a Trip is open for bookings, our Website will contain a link for you to book your place on the Trip and set out the Trip Price. Different Trip Prices may be offered depending on options you select such as room type.

4.2 In order to make a booking on the Trip you must complete the form available on the Website and pay the amounts set out below:

(a) If you book more than 60 days before the Start Date, you must pay:

(i) an amount equal to 50% of the Total Price at the time of booking which is comprised of: a non-refundable deposit of 10% of the Total Price; and a part payment of 40% of the Total Price;

(ii) the balance of 50% of the Total Price no later than 60 days before the Start Date;

(b) If you book 60 days or less before the Start Date, you must pay 100% of the Total Price at the time of booking which is comprised of: a non-refundable deposit of 10% of the Total Price; and the balance of 90% of the Total Price.

4.3 You agree to provide any information requested by us in order to confirm your booking and your place on the Trip.

4.4 If you do not pay any of the amounts by the times specified in clause 4.2, you will forfeit your place on the Trip and we will treat your booking as if it was cancelled by you in accordance with clause 6.3 of these Terms.

5. Payments

5.1 All prices quoted are in Australian dollars unless otherwise specified and are inclusive of GST unless otherwise specified.

5.2 Payments related to your booking can be made by debit or credit card, unless we agree on another method with you.

5.3 You acknowledge that additional fees or charges may apply depending on your payment method and you agree to pay such fees or charges at the time of payment.

6. Cancellation by you

6.1 If you need to cancel your booking, please advise us as soon as possible by emailing us at events@herbestlife.org. The terms set out below will apply if you cancel your booking.

6.2 Please be aware that in order for us to be able to provide you with all elements of the Trip we may be required to enter into agreements and arrangements with Third Parties, pay deposits or full amounts to those Third Parties and incur costs and expenses ourselves in organising the Trip. These commitments may be made many months prior to the Start Date and based on the number of people who have booked on the Trip. As a result, this may affect the amount we are able to refund to you if you wish to cancel your booking, as set out in clause 6.3.

6.3 If you cancel your booking 14 days or more before the Start Date and:

(a) we are able to obtain another booking to take your place on the Trip for the same Trip Price, we will refund the full amount you have paid to us at the date of cancellation less: the 10% non-refundable deposit; the amount of any reduction in price if we are only able to obtain another booking for a lower price to the Trip Price you agreed to pay; and actual or reasonable costs that we incur in dealing with your cancellation and arranging the other booking;

(b) we are not able to obtain another booking to take your place on the Trip, we will refund the full amount you have paid to us at the date of cancellation less: the 10% non-refundable deposit; any actual or reasonable costs that we incur in dealing with your cancellation and endeavouring to find another booking; and any amounts that we have paid or committed to Third Parties for your attendance on the Trip or the portion allocated to your attendance on the Trip that we cannot recover.

6.4 If you cancel your booking less than 14 days before the Start Date, 100% of the payment will be non-refundable.

6.5 If you pay the first 50% instalment under clause 4.2(a) but do not pay the second 50% instalment when due under clause 4.2(b), we will treat this as a cancellation by you of your booking and the terms set out in clause 6.3 will apply.

6.6 The payments that you have made towards your booking at the time of cancellation will be used to cover the amounts set out in clause 6.3. We will notify you of the amounts incurred by us under clause 6.3 and you authorise us to deduct those amounts from the amount you have paid us and then refund the balance to you. If the payments you have made do not cover the amounts set out in clause 6.3, we will provide you with an invoice for the amount due and you must pay the amount outstanding within 14 days from the date of our invoice.

7. Cancellation or changes by us

7.1 We reserve the right to make changes to the Trip location or itinerary due to a Force Majeure Event. In the event that such changes are required, we will use our best endeavours to notify you as soon as reasonably practicable of any change and to ensure that any part of the Trip that is changed will be to at least an equivalent standard.

7.2 In the event of any postponement or cancellation by us of the Trip as a result of a Force Majeure Event, we are not responsible for any loss, damage, cost or inconvenience arising from the postponement or cancellation of the Trip or your booking, including any incidental expenses that you may have incurred as a result of your booking including expenses for visas, travel insurance, non-refundable flights or other travel.

7.3 We reserve the right to cancel or postpone the Trip for any reason other than a Force Majeure Event, including without limitation, if we consider that the minimum number of attendees will not or is unlikely to be reached. If we cancel the Trip for any reason other than a Force Majeure Event, we will refund the full amount you have paid to us at the date of cancellation. If we postpone the Trip and you confirm that you can attend the Trip at the postponed time, we will retain the amount you have paid to us at that date to secure your place on the postponed Trip. If you do not wish or are unable to attend the Trip at the postponed time, we will refund the full amount you have paid to us at the date of notification of the postponement.

8. Trip inclusions and exclusions

8.1 The inclusions for the Trip will be set out in the details for the Trip on our Website. Unless specifically stated to be included in the Trip Price, you will be responsible for all other all other components of the Trip.

8.2 Unless specified, the Trip Price does not include, and you are solely responsible for:

(a) arranging all flights, airport transfers and/or other travel to and from the starting point of the Trip;

(b) arranging for all necessary travel insurance for the Trip;

(c) arranging for and ensuring you meet all passport, visa (including any and all transit visas) and health (including vaccination) requirements which are relevant to the Trip;

(d) ensuring you meet all other requirements of immigration and other domestic and overseas government authorities;

(3) ensuring your travel documentation is correct and valid (for example, many countries require foreign nationals entering that country to hold a passport with at least 6 months validity remaining from the date of return); and

(f) any additional costs in relation to your participation in the Trip, including without limitation the costs of any optional activities and personal expenses.

8.3 We are not responsible for and assume no liability in relation to any of the matters set out in clause 8.2 or any other travel or ancillary arrangements made by you to enable your participation in the Trip. No refunds will be provided for any unused portion of the Trip if you fail to join the Trip, join the Trip after the Start Date, or leave the Trip early for any reason, including without limitation any unforeseen circumstances such as illness or travel complications.

8.4 In addition, we strongly recommend that you seek advice on and obtain travel insurance to provide cover against all your individual needs including without limitation personal injury, death, medical expenses, Trip cancellation, personal liability and loss of luggage and personal property.

9. Trip requirements

9.1 To join the Trip, you must be at least 18 years of age at the Start Date.

9.2 If you would like to attend the Trip but will not be at least 18 years of age at the Start Date, you will need to obtain our prior approval before making a booking. If our approval is provided, you must be accompanied by a responsible adult who is also attending the Trip and who will remain responsible for your supervision for the duration of the Trip.

9.3 You acknowledge that your participation in the Trip and/or the activities on the Trip may involve a degree of risk and you agree to participate in the Trip and/or any activities at your own risk. Please exercise good judgment and ensure that you know and understand the risks involved before you participate in the Trip or any activity, including any health and safety risks applicable to you or associated with a particular activity. To the fullest extent permitted by law, we accept no liability in relation to these risks unless caused or contributed to by us.

10. Your conduct

10.1 If:

(a) you fail to comply with any local laws, regulations, customs, government health and safety orders or any other applicable laws during the Trip; or

(b) in our reasonable opinion, you act in a manner which is offensive, threatening, intimidating, harassing, abusive or is causing or likely to cause danger, distress or material annoyance to others; or

(c) you attempt to record (by any means whatsoever) any parts of the Trip including any events that are included in the Trip and/or any individuals participating in the Trip (including speakers, organisers, guests and attendees) and whether or not you are specifically requested not to make recordings,

we may ask you to cease to participate in any part or the remainder of the Trip or leave the Trip immediately, in which case you will not be entitled to any refund for any unused portion of the Trip and we will not be liable to you for any loss, damage or inconvenience that you suffer as a result. In addition, if you are found making any recordings, you must hand over, destroy or delete those recordings, at our election.

10.2 You agree to take all prudent measures in relation to your own safety and the security of your personal property and belongings during the Trip, and that we are not liable to you for any theft or loss of your personal property or belongings on the Trip.

11. Recordings

11.1 We may, from time to time, make Recordings during the Trip in which you, your voice and/or your image may be captured. We will own the Recordings and may use them for promotional purposes.

11.2 If you do not wish to be included in Recordings, please let us know. Otherwise, you consent to being included in Recordings made during the Trip and for those Recordings to be used by us in any media or manner to promote our business and activities.

12. Confidentiality

12.1 You acknowledge that by attending the Trip, you may be given or acquire Confidential Information.

12.2 In order to respect our privacy and the privacy of others, you agree to keep the Confidential Information confidential and not disclose it to any other person or post any of it in any public forum, unless it is with the written consent of the person to whom the Confidential Information relates, or the Confidential Information becomes public knowledge (other than by a breach of confidentiality under these Terms or otherwise).

13. Third parties

13.1 You acknowledge and agree that as part of the Trip, a number of Third Parties may be providing goods and/or services. Although we will take reasonable care in selecting and working with Third Parties, we may not be able to control or supervise Third Parties. Therefore we cannot be responsible for the acts or omissions of those Third Parties and any loss or damage you suffer, except to the extent that such loss or damage is caused or contributed to by us. Any claims or disputes you may have with a Third Party should be resolved directly between you and that Third Party, unless we have caused or contributed to the loss or damage in which case you can deal with us.

13.2 Any goods or services provided by any Third Party may be subject to additional terms and conditions imposed by the Third Party. In addition, you may be required to separately agree to such terms and conditions in order to join the Trip and/or participate in an activity. You acknowledge that if you do not agree to any such additional terms and conditions, you may not be able to participate in some or all components of the Trip and you will not be entitled to any refund or credit in relation to any unused portion of the Trip in those circumstances.

14. Liability and indemnity

14.1 The Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (CCA)) provides certain guarantees and remedies for consumers who acquire goods and services (Consumer Guarantees) that cannot be excluded or modified, but which can be limited in certain circumstances.

14.2 Nothing in these Terms is intended to have the effect of excluding, restricting or modifying any Consumer Guarantees or any other applicable laws that cannot be excluded, restricted or modified by agreement of the parties.

14.3 To the extent that any service purchased by you under these Terms is a 'recreational service' for the purposes of section 139A of CCA, to the maximum extent permitted by law, you acknowledge and agree that we exclude all liability in connection with the supply of the recreational service for the following, except where caused by our reckless conduct:

(a) death;

(b) physical or mental injury of an individual (including the aggregation, acceleration of recurrence of such an injury);

(d) the coming into existence, the aggregation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community.

14.4 Subject to clause 14.3 and with the exception of the Consumer Guarantees and any other rights and remedies that cannot be excluded, restricted or modified by law, to the maximum extent permitted by law, we exclude all liability for any loss or damage (including indirect or consequential loss) you incur or suffer in connection with:

(a) your participation in the Trip or any activity or other component of the Trip, including without limitation, any liability for any personal injury, illness, death, property damage, loss of enjoyment or disappointment; and

(b) any Force Majeure Event,

except to the extent that such loss or damage is caused or contributed to by us.

14.5 You agree to indemnify us against any costs, losses, damages or any third party claims made against us arising out of your breach of these Terms, or your participation in the Trip or any activity or component of the Trip, including without limitation, any personal injury or property damage, destruction or loss caused by you. Your liability under this clause 14.5 will be reduced to the extent that any such cost, loss, damage or claim was caused or contributed to by us.

15. Other terms

15.1 Privacy: Any personal informal we collect about you in relation to your booking and the Trip will be handled in accordance with our Privacy Policy.

15.2 Assignment: You must not assign or transfer any of your rights or obligations under these Terms to another person or third party without our prior written consent. We will be entitled to assign any or all of our rights under these Terms to any third party.

15.3 Severability: If any provision of these Terms is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Terms valid and enforceable.

15.4 Waiver: If either party delays or fails to enforce any of its rights under these Terms, it shall not mean that that party has waived its right to do so.

15.5 Jurisdiction: These Terms are governed by and will be construed in accordance with the laws for the time being in force in the State of New South Wales, Australia.