I, the attendee, accept the terms and conditions outlined below, and agree that by purchasing my heART and Soul ticket(s), acknowledges my understanding and my eager participation.
I understand the wellness modalities presented to me at the HeART & Soul event is intended as a personal growth experience and should not be looked upon as a substitute for psychotherapy. These modalities can involve dramatic experiences accompanied by strong emotional and physical release.
Breathwork in particular is not appropriate for pregnant women, persons with cardiovascular problems, glaucoma, severe uncontrolled hypertension, a diagnosis of bipolar, schizophrenia or severe psychosis, recent surgery or fractures, acute infectious illness, or epilepsy (exceptions when we have a mutual signed agreement)
The event organisers make every effort to ensure that environment at the venue is safe for all, HeART & Soul organisers will not accept any responsibility for any injuries to the participant or for any expenses or damages incurred directly or indirectly resulting from the sessions.
I understand that I am responsible for my own physical well-being and any damages and financial costs that may incur from my actions or behaviours and I will not hold any other party accountable. I hereby confirm that I have read and understood the above information and have not withheld any information that would compromise my safety, or any other person involved in this session. My general health, as far as I am aware, is good.
Any personally identifiable information received is kept confidential. Personal information collected is stored in a secure location and safely destroyed after it is no longer legally required.
I hereby confirm that I have read and understood the above information, and have answered all questions completely and honestly, and have not withheld any information.
Thank you for your cooperation and understanding.
From the HeART & Soul Wellness Warriors
Please carefully read these Event Terms and Conditions (“Terms and Conditions”) before attending a HeART & Soul Event. Your execution of these Terms and Conditions upon purchase evidences your consent to be governed by these Terms and Conditions.
Parties: You will be referred to throughout these Terms and Conditions as “you”, “your” and/or “the Attendee”. The Trustee trading as HeART & Soul (ABN 39 884 795) will be referred to throughout these Terms and Conditions as “HeART & Soul”.
Overview: The Terms and Conditions for this HeART & Soul Event include these Terms and Conditions, the Event Description, the Medical Questionnaire and any other terms and conditions that appear in or are linked to the HeART & Soul website or relevant Booking Platforms.
Do not attend or participate in a HeART & Soul Event, or otherwise engage HeART & Soul, unless you have read these Terms and Conditions and agree they govern your right to attend and participate in the Event.
1. Event Terms
2. Conditions of entry
3. Client obligations
4. Payment and fees
5. Refunds and credits
6. Cancelled, postponed and varied Events
7. Intellectual property
10. Media release and waiver
11. Incorporation of other terms
12. Personal injury
13. Limitation of liability
15. No guarantees or warranties
16. Competition law
18. Right to sub-contract
24. Entire agreement
Additional Terms and Conditions means the Event Description, the Medical hearQuestionnaire and any other terms and conditions that appear in or are linked to the HeART & Soul website or relevant Booking Platforms.
Booking Platform means the HeART & Soul Website (www.heartandsoul.me)
Confidential Information includes the terms and conditions of these Terms and Conditions (but not its existence) and any information provided by a party to the other which is, or can be inferred to have been, provided in commercial confidence or of a confidential nature, whether or not expressly marked “confidential”, including any information relating to the commercial activities, technologies, business processes, client, partner or supplier relationships, strategic information, know-how and any other information regarding the business of the Disclosing Party.
Disclosing Party means the party disclosing Confidential Information.
Event means the event, retreat or experience hosted by HeART & Soul, including Group Sessions and Facilitator Training Sessions, as detailed by the Event Description on the Booking Platform.
Event Description means details provided on the Booking Platform about the Event, including price, time, location and the relevant instructions in relation to the following, including but not limited to the itinerary, attire, equipment, transportation, meals, amenities and preparation required to participate in the Event.
Force Majeure Event means any of the following, whether or not foreseeable or anticipated: acts of God, terrorism, war, civil unrest, strike or labour dispute, lack of transportation, breakdown, labour or material shortage, blockade or embargo, supplier failure, epidemic or pandemic, government restriction or recommendation, legal requirement, extreme weather, earthquake, drought, fire, flood, explosion, natural disaster, and/or any other event, cause or circumstance that is beyond HeART & Soul’s reasonable control.
Group Session means the event, retreat or experience hosted by HeART & Soul, available to members of the general public to attend to participate in breathwork, self-directed healing, non-linear movement, sound healing and art therapy, with the guidance of trained facilitators.
Intellectual Property Rights (“IP Rights”) means any intellectual and industrial property rights or entitlements throughout the world including those in connection with any Confidential Information, copyright (including future copyright and rights in the nature of or analogous to copyright), moral rights, inventions (including patents), trademarks, service marks and designs, whether or not now existing and whether or not registered or registrable, as well as any right to apply for the registration, renewals and extensions of those rights, and any other Intellectual Property Rights as defined in Article 2 of the World Intellectual Property Organisation Convention of 1967.
Medical Questionnaire means the questionnaire provided to you either physically or online before attending a HeART & Soul Event which includes your personal and medical information.
Participant Materials means any trademarks, images, content or other materials developed by you prior to the date of the Event or independently of these Terms and Conditions.
Receiving Party means the party receiving Confidential Information from the Disclosing Party.
Released Media includes, but is not limited to, all photographs, videos, sound recordings, paintings, sculptures and all other media currently known or hereinafter developed, captured of you or your likeness before and during the Event by HeART & Soul or any of HeART & Soul’s employees, affiliates, associates, representatives or agents.
HeART & Soul Materials means any material, including any documents, presentations, leaflets or brochures provided by HeART & Soul during the Event, as well as any derivative work created or developed in the performance of these Terms and Conditions by HeART & Soul either in isolation or jointly with you, but excludes Third-Party Materials.
Third-Party Materials means any content, including texts or images, created by a party other than HeART & Soul or you.
Ticket means a ticket to a HeART & Soul Event including:
Ticket Price means the amount payable by you to HeART & Soul to attend the Event, as detailed on the Event Description.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to heART and Soul, 40 Guara Grove, Pimpama QLD 4209.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Queensland, Australia
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to heART and Soul , accessible from https://www.heartandsoul.me/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
· Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
· Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies on TermsFeed website article.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
· With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
· For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
· With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
· With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
· With Your consent: We may disclose Your personal information for any other purpose with Your consent.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
· Comply with a legal obligation
· Protect and defend the rights or property of the Company
· Prevent or investigate possible wrongdoing in connection with the Service
· Protect the personal safety of Users of the Service or the public
· Protect against legal liability
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
By email: [email protected]
By visiting this page on our website: https://www.heartandsoul.me/privacy-policy/
I, the attendee, accept the terms and conditions outlined above and agree that by purchasing my heART and Soul ticket(s), acknowledges my understanding and my eager participation.